Liabilities for Breach of Carbon-Credit Sale Contracts Under the EU Emission Trading Scheme: The Law and The Practice

HDR Candidate:  Yu (Molly) Yao

Milestone:  Mid-Candidature Review

Title:  Liabilities for Breach of Carbon-Credit Sale Contracts Under the EU Emission Trading Scheme: The Law and The Practice

Abstract:  The legal framework of the EU carbon market affects contracts for the sale of carbon credits under the EU Emission Trading Scheme in three ways. First, it provides the legal base by which carbon credits exist and become commodities. Second, it regulates the transactional process through which carbon credits are issued, held, used and transferred in the EU registry. Third, it sets requirements by which the parties to a carbon-credits sale must act in relation to the performance of their contract. Events arising from the legal framework of the EU carbon market can affect the performance of carbon-credit sales contracts. This research investigates how standard contractual approaches address contractual uncertainties caused by the legal framework of the EU carbon market. It also investigates the rules for determining the liabilities of a defaulting party for breach of contract, where the legal framework of the EU carbon market is the context of that contract.

Presentation Details:

Date:                     Monday, 25 September 2017

Time:                    12.00 pm to 1.00 pm

Venue:                 Board Room (W353) Level 3, Forgan Smith Building (#1)