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Volume 29 29 Volume : The extension of the 2030 Framework to the Energy contracting Community The extension of the 2030 Framework : sans frontières ´ Special Issue: Assessing the EU 2030 Climate and Assessing the EU 2030 Special Issue: Energy Policy Framework and Kati Kulovesi Dupont, Claire Guest Editors: Asselt van Harro radical change toward Incremental Framework: 2030 Climate and Energy Policy Assessing the EU’s transformation? and Sebastian Oberthür Kati Kulovesi 2030 An assessment of the EU’s certainty regime: versus in a carbon emissions reduction Adaptability Framework Climate and Energy Policy and Roderic O’Gorman Torney Diarmuid EU climate law parties Stephen Minas particularities law and EU environmental Global trends generations: Human rights of minors and future Sanja Bogojevic challenging enforcement? Binding targets, in EU climate law: effort The continued sharing approach Athanasiadou Marjan Peeters and Natassa ado about nothing? Much Making sense of the LULUCF Regulation: Vincenza Chiriacò and Maria Lucia Perugini Annalisa Savaresi, energy targets 2030 renewable the EU’s toolkit for Appraising the enforcement Fifty shades of binding: Monti and Beatriz Alessandro Martinez Romera in ownership of community Implications of the Clean Energy to the people? the role Package for Power energy transition Europe’s Joshua Roberts its net net metering slips through How Framework: and Energy 2030 Climate Policy The EU’s Vanheusden and Bernard Matteo Fermeglia Iliopoulos, G. Theodoros ISSN 2050 0386 2050 ISSN Review of European, Comparative & International Environmental Law & International European, Comparative Review of

RECIEL Comparative Environmental Law Volume 29 . Issue 2 . 2020 Volume 22 Volume Issue 1 Issue 2 Issue 3 23 Volume Issue 1 Issue 2 Issue 3 24 Volume Issue 1 Issue 2 Issue 3 25 Volume Issue 1 Issue 2 Issue 3 26 Volume Issue 1 Issue 2 Issue 3 27 Volume Issue 1 Issue 2 Issue 3 28 Volume Issue 1 Issue 2 Issue 3 29 Volume Issue 1 1

d The above Back Issues are available upon request. Please see details on the inside back cover or visit The above Back Issues are available upon request. Please see details wileyonlinelibrary.com Volume 14 Volume Issue 1 Issue 2 Issue 3 15 Volume Issue 1 Issue 2 Issue 3 16 Volume Issue 1 Issue 2 Issue 3 17 Volume Issue 1 Issue 2 Issue 3 18 Volume Issue 1 Issue 2 Issue 3 19 Volume Issue 1 Issue 2 Issue 3 20 Volume Issue 1 Issue 2 Issue 3 21 Volume Issue 1 Issue 2 Issue 3 Back Issues d n i . r e v o c _ 2 i _ 9 2 v _ l e e RReel_v29_i2_cover.indd 1 Information for Subscribers Publisher: RECIEL is published by John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK, phone: +44 (0) 1865 776868, fax: +44 (0) 1865 714591 and 350 Main Street, Malden, MA 02148, USA, phone: +1 781 388 8200, fax: +1 781 388 8210. John Wiley & Sons Ltd was acquired by John Wiley & Sons in February 2007. Blackwell’s programme has been merged with Wiley’s global Scientific, Technical and Medical business to form Wiley Blackwell. REVIEW OF EUROPEAN, COMPARATIVE Production Editor: Nithisha Raveendran ([email protected]) Advertising: Joe Adams ([email protected]) AND INTERNATIONAL ENVIRONMENTAL Information for subscribers: RECIEL is published in three issues per year in April, July and November. Institutional subscription prices for 2020 are: Print & Online: US$1971 (US), US$2567 (Rest of World), €1668 (Europe), £1316 (UK). Prices are exclusive LAW (RECIEL) of tax. Australian GST, Canadian GST and European VAT will be applied at the appropriate rates. For more information on current tax rates, please go to www.wileyonlinelibrary.com/tax-vat. The institutional price includes online access to the current Harro van Asselt and all online back files to January 1st 2014, where available. For other pricing options, including access information and terms Editor University of Eastern Finland Law School and conditions, please visit www.wileyonlinelibrary.com/access Delivery Terms and Legal Title: Where the subscription price includes print issues and delivery is to the recipient’s address, Associate Editors delivery terms are Delivered at Place (DAP); the recipient is responsible for paying any import duty or taxes. Title to all issues Annalisa Savaresi Dr Marie-Catherine Petersmann transfers FOB our shipping point, freight prepaid. We will endeavour to fulfil claims for missing or damaged copies within six Associate Editor (Case Notes) Associate Editor (Book Reviews) months of publication, within our reasonable discretion and subject to availability. Lecturer in Environmental Law, Utrecht University, The Netherlands University of S rling, School of Law, UK Access to this journal is available free online within institutions in the developing world through the OARE initiative with UNEP. For information, visit www.oaresciences.org. Editorial Board Disclaimer: The Publisher and Editors cannot be held responsible for errors or any consequences arising from the use of information contained in this journal; the views and opinions expressed do not necessarily reflect those of the Publisher and Shawkat Alam, Jeff rey McGee Professor of Law Senior Lecturer in Climate Change, Marine and Antarc c Law Editors, neither does the publication of advertisements constitute any endorsement by the Publisher and Editors of the prod- Director, Centre for Environmental Law Director, Australian Forum for Climate Interven on Governance ucts advertised. Macquarie University, Australia Faculty of Law, Ins tute for Marine and Antarc c Studies, University of Tasmania, Carl Bruch Australia REVIEW OF EUROPEAN, COMPARATIVE AND INTERNATIONAL ENVIRONMENTAL LAW, (ISSN 2050-0386), is published Director of Interna onal Programs Elisa Morgera Environmental Law Ins tute, USA Professor of Global Environmental Law in three issues a year. US mailing agent: Mercury Media Processing, LLC 1634 East Elizabeth Ave, Linden NJ 07036 USA. Richard Caddell Director, Strathclyde Centre for Environmental Law and Governance POSTMASTER: Send all address changes to REVIEW OF EUROPEAN, COMPARATIVE AND INTERNATIONAL ENVIRON- Senior Lecturer, College of Law, University of Strathclyde, UK MENTAL LAW, John Wiley & Sons Ltd, Journals Subscription Department, 350 Main St., Malden, MA 02148-5020. University of Swansea, UK Lavanya Rajamani Michael Faure Professor of Interna onal Environmental Law Back issues: Single issues from current and prior year volumes are available at the current single issue price from John Wiley Faculty of Law, University of Oxford Professor of Compara ve and Interna onal Environmental Law & Sons Ltd. Earlier issues may be obtained from Periodicals Service Company, 351 Fairview Avenue – Ste 300, Hudson, NY Academic Director, Ins tute for Transna onal Legal Research United Kingdom Maastricht University, The Netherlands Leonie Reins 12534, USA. Tel: +1 518 822 9300, Fax: +1 518 822 9305, Email: [email protected] Joyeeta Gupta Assistant Professor Professor of Environment and Development in the Global South Tilburg Law School, Tilburg University, The Netherlands Copyright and Copying: © 2020 John Wiley & Sons Ltd. All rights reserved. No part of this publication may be reproduced, University of Amsterdam, The Netherlands Gregory Rose stored or transmitted in any form or by any means without the prior permission in writing from the copyright holder. Autho- Rakhyun Kim Associate Professor rization to photocopy items for internal and personal use is granted by the copyright holder for libraries and other users Assistant Professor Centre for Natural Resources Law and Policy, University of Wollongong, Copernicus Ins tute of Sustainable Development, Utrecht University, Australia registered with their local Reproduction Rights Organisation (RRO), e.g. Copyright Clearance Center (CCC), 222 Rosewood The Netherlands Francesco Sindico Drive, Danvers, MA 01923, USA (www.copyright.com), provided the appropriate fee is paid directly to the RRO. This consent Louis Kotzé Reader in Interna onal Environmental Law does not extend to other kinds of copying such as copying for general distribution, for advertising or promotional purposes, Research Professor University of Strathclyde, UK North-West University, South Africa Qin Tianbao for republication, for creating new collective works or for resale. Permissions for such reuse can be obtained using the Right- Ka Kulovesi Director sLink “Request Permissions” link on Wiley Online Library. Special requests should be addressed to: [email protected] Professor of Interna onal Law Research Ins tute of Environmental Law, Wuhan University, China Director, Centre for Climate Change, Energy and Environmental Law Arie Trouwborst Journal Customer Services: For ordering information, claims and any enquiry concerning your journal subscription please go University of Eastern Finland Law School, Finland Associate Professor of Environmental Law to interscience.wiley.com/support or contact your nearest office. Americas: Email: [email protected]; Tel: +1 781 388 Sandrine Maljean-Dubois Tilburg Law School, Tilburg University, The Netherlands Director of Research Geert van Calster 8598 or +1 800 835 6770 (toll free in the USA & Canada). Europe, Middle East and Africa: Email: [email protected]; Tel: CNRS, Aix-Marseille University Professor, KU Leuven +44 (0) 1865 778315. Asia Pacific: Email: [email protected]; Tel: +65 6511 8000. Japan: For Japanese speaking support, Benoit Mayer Member of the Brussels Bar, Belgium Email: [email protected]; Tel: +65 6511 8010 or Tel (toll-free): 005 316 50 480. Visit our Online Customer Self-Help avail- Assistant Professor Chris na Voigt The Chinese University of Hong Kong, China Professor of Interna onal Law able in 7 languages at www.wileycustomerhelp.com/ask Department of Public and Interna onal Law, Makane Mbengue Wiley’s Corporate Citizenship initiative seeks to address the environmental, social, economic, and ethical challenges faced in Associate Professor, University of Geneva, Switzerland University of Oslo, Norway our business and which are important to our diverse stakeholder groups. Since launching the initiative, we have focused on Advisory Board sharing our content with those in need, enhancing community philanthropy, reducing our carbon impact, creating global Ben Boer Philippe Sands QC guidelines and best practices for paper use, establishing a vendor code of ethics, and engaging our colleagues and other Professor in Environmental Law Professor of Law, University College London; stakeholders in our efforts. Follow our progress at www.wiley.com/go/citizenship Faculty of Law, University of Sydney, Australia Barrister, Matrix Chambers, UK Ju a Brunnée Richard B. Stewart For submission instructions, subscription and all other information, including abstracting and indexing services, visit: http:// Metcalf Chair in Environmental Law Emily Kempin Professor of Law Faculty of Law, University of Toronto, Canada Faculty of Law, New York University, USA wileyonlinelibrary.com/journal/reel James Cameron Timothy M. Swanson Printed in Singapore by C.O.S. Printers Pte Ltd. ISSN 2050-0386 (Print) ISSN 2050-0394 (Online) Professor, College of Europe, Bruges, Belgium Professor, André Hoff mann Chair of Environmental Economics, Senior Fellow, Yale Center for Environmental Law & Policy, USA The Graduate Ins tute, Switzerland Günther Handl Jorge E. Viñuales Eberhard Deutsch Professor of Public Interna onal Law Harold Samuel Professor of Law and Environmental Policy Tulane University, School of Law, USA University of Cambridge, UK Gerhard Roller Hugh Wilkins Professor of Environmental Law Member University for Applied Sciences Bingen, Germany Ontario Environmental Review Tribunal, Canada Peter H. Sand Copy Editor Lecturer in Interna onal Environmental Law John Edginton Faculty of Law, University of Munich, Germany

RReel_v29_i2_cover.inddeel_v29_i2_cover.indd 2 88/11/2020/11/2020 4:41:124:41:12 PMPM Information for Subscribers Publisher: RECIEL is published by John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK, phone: +44 (0) 1865 776868, fax: +44 (0) 1865 714591 and 350 Main Street, Malden, MA 02148, USA, phone: +1 781 388 8200, fax: +1 781 388 8210. John Wiley & Sons Ltd was acquired by John Wiley & Sons in February 2007. Blackwell’s programme has been merged with Wiley’s global Scientific, Technical and Medical business to form Wiley Blackwell. REVIEW OF EUROPEAN, COMPARATIVE Production Editor: Nithisha Raveendran ([email protected]) Advertising: Joe Adams ([email protected]) AND INTERNATIONAL ENVIRONMENTAL Information for subscribers: RECIEL is published in three issues per year in April, July and November. Institutional subscription prices for 2020 are: Print & Online: US$1971 (US), US$2567 (Rest of World), €1668 (Europe), £1316 (UK). Prices are exclusive LAW (RECIEL) of tax. Australian GST, Canadian GST and European VAT will be applied at the appropriate rates. For more information on current tax rates, please go to www.wileyonlinelibrary.com/tax-vat. The institutional price includes online access to the current Harro van Asselt and all online back files to January 1st 2014, where available. For other pricing options, including access information and terms Editor University of Eastern Finland Law School and conditions, please visit www.wileyonlinelibrary.com/access Delivery Terms and Legal Title: Where the subscription price includes print issues and delivery is to the recipient’s address, Associate Editors delivery terms are Delivered at Place (DAP); the recipient is responsible for paying any import duty or taxes. Title to all issues Annalisa Savaresi Dr Marie-Catherine Petersmann transfers FOB our shipping point, freight prepaid. We will endeavour to fulfil claims for missing or damaged copies within six Associate Editor (Case Notes) Associate Editor (Book Reviews) months of publication, within our reasonable discretion and subject to availability. Lecturer in Environmental Law, Utrecht University, The Netherlands University of S rling, School of Law, UK Access to this journal is available free online within institutions in the developing world through the OARE initiative with UNEP. For information, visit www.oaresciences.org. Editorial Board Disclaimer: The Publisher and Editors cannot be held responsible for errors or any consequences arising from the use of information contained in this journal; the views and opinions expressed do not necessarily reflect those of the Publisher and Shawkat Alam, Jeff rey McGee Professor of Law Senior Lecturer in Climate Change, Marine and Antarc c Law Editors, neither does the publication of advertisements constitute any endorsement by the Publisher and Editors of the prod- Director, Centre for Environmental Law Director, Australian Forum for Climate Interven on Governance ucts advertised. Macquarie University, Australia Faculty of Law, Ins tute for Marine and Antarc c Studies, University of Tasmania, Carl Bruch Australia REVIEW OF EUROPEAN, COMPARATIVE AND INTERNATIONAL ENVIRONMENTAL LAW, (ISSN 2050-0386), is published Director of Interna onal Programs Elisa Morgera Environmental Law Ins tute, USA Professor of Global Environmental Law in three issues a year. US mailing agent: Mercury Media Processing, LLC 1634 East Elizabeth Ave, Linden NJ 07036 USA. Richard Caddell Director, Strathclyde Centre for Environmental Law and Governance POSTMASTER: Send all address changes to REVIEW OF EUROPEAN, COMPARATIVE AND INTERNATIONAL ENVIRON- Senior Lecturer, College of Law, University of Strathclyde, UK MENTAL LAW, John Wiley & Sons Ltd, Journals Subscription Department, 350 Main St., Malden, MA 02148-5020. University of Swansea, UK Lavanya Rajamani Michael Faure Professor of Interna onal Environmental Law Back issues: Single issues from current and prior year volumes are available at the current single issue price from John Wiley Faculty of Law, University of Oxford Professor of Compara ve and Interna onal Environmental Law & Sons Ltd. Earlier issues may be obtained from Periodicals Service Company, 351 Fairview Avenue – Ste 300, Hudson, NY Academic Director, Ins tute for Transna onal Legal Research United Kingdom Maastricht University, The Netherlands Leonie Reins 12534, USA. Tel: +1 518 822 9300, Fax: +1 518 822 9305, Email: [email protected] Joyeeta Gupta Assistant Professor Professor of Environment and Development in the Global South Tilburg Law School, Tilburg University, The Netherlands Copyright and Copying: © 2020 John Wiley & Sons Ltd. All rights reserved. No part of this publication may be reproduced, University of Amsterdam, The Netherlands Gregory Rose stored or transmitted in any form or by any means without the prior permission in writing from the copyright holder. Autho- Rakhyun Kim Associate Professor rization to photocopy items for internal and personal use is granted by the copyright holder for libraries and other users Assistant Professor Centre for Natural Resources Law and Policy, University of Wollongong, Copernicus Ins tute of Sustainable Development, Utrecht University, Australia registered with their local Reproduction Rights Organisation (RRO), e.g. Copyright Clearance Center (CCC), 222 Rosewood The Netherlands Francesco Sindico Drive, Danvers, MA 01923, USA (www.copyright.com), provided the appropriate fee is paid directly to the RRO. This consent Louis Kotzé Reader in Interna onal Environmental Law does not extend to other kinds of copying such as copying for general distribution, for advertising or promotional purposes, Research Professor University of Strathclyde, UK North-West University, South Africa Qin Tianbao for republication, for creating new collective works or for resale. Permissions for such reuse can be obtained using the Right- Ka Kulovesi Director sLink “Request Permissions” link on Wiley Online Library. Special requests should be addressed to: [email protected] Professor of Interna onal Law Research Ins tute of Environmental Law, Wuhan University, China Director, Centre for Climate Change, Energy and Environmental Law Arie Trouwborst Journal Customer Services: For ordering information, claims and any enquiry concerning your journal subscription please go University of Eastern Finland Law School, Finland Associate Professor of Environmental Law to interscience.wiley.com/support or contact your nearest office. Americas: Email: [email protected]; Tel: +1 781 388 Sandrine Maljean-Dubois Tilburg Law School, Tilburg University, The Netherlands Director of Research Geert van Calster 8598 or +1 800 835 6770 (toll free in the USA & Canada). Europe, Middle East and Africa: Email: [email protected]; Tel: CNRS, Aix-Marseille University Professor, KU Leuven +44 (0) 1865 778315. Asia Pacific: Email: [email protected]; Tel: +65 6511 8000. Japan: For Japanese speaking support, Benoit Mayer Member of the Brussels Bar, Belgium Email: [email protected]; Tel: +65 6511 8010 or Tel (toll-free): 005 316 50 480. Visit our Online Customer Self-Help avail- Assistant Professor Chris na Voigt The Chinese University of Hong Kong, China Professor of Interna onal Law able in 7 languages at www.wileycustomerhelp.com/ask Department of Public and Interna onal Law, Makane Mbengue Wiley’s Corporate Citizenship initiative seeks to address the environmental, social, economic, and ethical challenges faced in Associate Professor, University of Geneva, Switzerland University of Oslo, Norway our business and which are important to our diverse stakeholder groups. Since launching the initiative, we have focused on Advisory Board sharing our content with those in need, enhancing community philanthropy, reducing our carbon impact, creating global Ben Boer Philippe Sands QC guidelines and best practices for paper use, establishing a vendor code of ethics, and engaging our colleagues and other Professor in Environmental Law Professor of Law, University College London; stakeholders in our efforts. Follow our progress at www.wiley.com/go/citizenship Faculty of Law, University of Sydney, Australia Barrister, Matrix Chambers, UK Ju a Brunnée Richard B. Stewart For submission instructions, subscription and all other information, including abstracting and indexing services, visit: http:// Metcalf Chair in Environmental Law Emily Kempin Professor of Law Faculty of Law, University of Toronto, Canada Faculty of Law, New York University, USA wileyonlinelibrary.com/journal/reel James Cameron Timothy M. Swanson Printed in Singapore by C.O.S. Printers Pte Ltd. ISSN 2050-0386 (Print) ISSN 2050-0394 (Online) Professor, College of Europe, Bruges, Belgium Professor, André Hoff mann Chair of Environmental Economics, Senior Fellow, Yale Center for Environmental Law & Policy, USA The Graduate Ins tute, Switzerland Günther Handl Jorge E. Viñuales Eberhard Deutsch Professor of Public Interna onal Law Harold Samuel Professor of Law and Environmental Policy Tulane University, School of Law, USA University of Cambridge, UK Gerhard Roller Hugh Wilkins Professor of Environmental Law Member University for Applied Sciences Bingen, Germany Ontario Environmental Review Tribunal, Canada Peter H. Sand Copy Editor Lecturer in Interna onal Environmental Law John Edginton Faculty of Law, University of Munich, Germany

RReel_v29_i2_cover.inddeel_v29_i2_cover.indd 2 88/11/2020/11/2020 4:41:124:41:12 PMPM Volume 29 Issue 2 2020 Contents

Editorial

Editorial: Governing the EU’s climate and energy transi on through the 2030 Framework Claire Dupont, Ka Kulovesi and Harro van Asselt 147

Special Issue Arঞ cles: Assessing the EU 2030 Climate and Energy Policy Framework

Assessing the EU’s 2030 Climate and Energy Policy Framework: Incremental change toward radical transforma on? Ka Kulovesi and Sebas an Oberthür 151 Adaptability versus certainty in a carbon emissions reduc on regime: An assessment of the EU’s 2030 Climate and Energy Policy Framework Diarmuid Torney and Roderic O’Gorman 167 EU climate law sans fron ères : The extension of the 2030 Framework to the Energy Community contrac ng par es Stephen Minas 177 Human rights of minors and future genera ons: Global trends and EU environmental law par culari es Sanja Bogojević 191 The con nued eff ort sharing approach in EU climate law: Binding targets, challenging enforcement? Marjan Peeters and Natassa Athanasiadou 201 Making sense of the LULUCF Regula on: Much ado about nothing? Annalisa Savaresi, Lucia Perugini and Maria Vincenza Chiriacò 212 Fi y shades of binding: Appraising the enforcement toolkit for the EU’s 2030 renewable energy targets Alessandro Mon and Beatriz Mar nez Romera 221 Power to the people? Implica ons of the Clean Energy Package for the role of community ownership in Europe’s energy transi on Joshua Roberts 232 The EU’s 2030 Climate and Energy Policy Framework: How net metering slips through its net Theodoros G. Iliopoulos, Ma eo Fermeglia and Bernard Vanheusden 245

Original Arঞ cles

The UN Conven on on the Law of the Sea: A governing framework for ocean acidifi ca on? Ellycia R. Harrould-Kolieb 257 The role of interna onal organiza ons in preven ng confl icts between the SPS Agreement and the Cartagena Protocol on Biosafety Jingjing Zhao 271 Advances and uncertain es in compliance measures for users from the Nagoya Protocol in the European Union Laura Movilla Pateiro 282 The 2017 Fidenato case and the 2015 Direc ve: The curious case of GMOs in Europe Alessandra Guida 291

Case Note

David Aven v Costa Rica : A step forward towards investor accountability for environmental harm? Rafael Tamayo-Álvarez 301

Book Reviews

Nikolas Sellheim, The Seal Hunt: Cultures, Economies and Legal Regimes (Iyan Off or) 307 Shigenori Matsui, Law and Disaster: Earthquake, Tsunami and Nuclear Meltdown in Japan (Jakub Handrlica) 310 Chris na Voigt, Interna onal Judicial Prac ce on the Environment: Ques ons of Legi macy (James Harrison) 312