Personal Carbon Allowances from a Legal Perspective

Abstract: To reach the Paris Agreement targets, the remaining carbon budget is about 2.3 tons of CO2e per person per year. However, current per capita emissions exceed the target, with a global average carbon footprint of 4.81 tons. PCAs provide a cap-and-trade system to limit emissions of private individuals. The thesis explores the compatibility of PCAs with existing legal regulations, the legal challenges of implementing and governing PCAs, and the potential human rights and equity implications of such schemes from a de lege lata and a de lege ferenda perspective. The findings highlight various regulatory and design deficiencies in current PCA proposals and emphasize the need to address data protection, privacy concerns, and the protection of individual rights. Additionally, the governance dimension of PCAs, including participation rights, transparency, and enforcement mechanisms, needs further development. The thesis concludes that while PCAs can be effective in achieving climate goals, careful consideration of legal requirements and individual rights is essential for their successful implementation. It emphasizes the necessity of comprehensive designs that go beyond technical and economic aspects and take into account legal requirements, individual rights, and equitable distribution.