Competence Allocation and Regulatory Functioning

A Study of the EU ETS


Josephine van Zeben

demoThis dissertation was written over the past 3 1/2 years at the Amsterdam Center for Law and Economics of the University of Amsterdam. During this period, I spent one year at NYU School of Law as a Hauser Global Research Fellow. My professional and educational experiences, and some of my publications are listed below. To download my full CV, click here

Professional Experience
  • 2012 Amsterdam Center for European Law and Governance, University of Amsterdam
  • Visiting Assistant Professor – European Law Amsterdam Center for Environmental Law & Sustainability, University of Amsterdam Visiting Assistant Professor – European Environmental Law
  • 2008-2012 University of Amsterdam
  • Ph.D. candidate Teaching: European Environmental Law & Climate Change: Legal Aspects
  • 2010-2011 NYU School of Law, New York University
  • Hauser Global Research Scholar
  • 2012 University of Amsterdam
  • Ph.D. Environmental Law & Economics
  • 2008 University of Amsterdam
  • LL.M. European Private Law
  • 2006 University of Edinburgh
  • LL.B. Scots Law
  • 2004 University College Utrecht, University of Utrecht
  • B.A. (Hons.) Social Sciences (minor in Humanities)
  • 2003 University of Bologna (fall semester)
  • Minor in Art History as part of B.A.
Selected Publications
  • Legal and Market Uncertainty in Market-Based Instruments: The Case of the EU ETS 19(2) N.Y.U. Environmental Law Journal _-_ (forthcoming, 2012) (with Giuseppe Dari-Mattiacci)
  • The Untapped Potential of Horizontal Private Enforcement Within European Environmental Law 22 GEO. INT'L ENVTL L. REV. 241 – 269 (2010)
  • (De)Centralized Law-making in the EU ETS 3 Carbon and Climate Law Review 340 – 356 (2009)
  • The European Emissions Trading Scheme Case Law 18 Review of European Community & International Environmental Law (RECIEL) 119 – 128 (2009)
  • Annotations
  • Possibilities for Locus Standi and Non-Contractual Damages for Private Parties under the EU ETS (annotation Case T-16/04 Arcelor SA v European Parliament and Council of European Union) 4 European Journal of Risk Regulation 473 – 478 (2010)
  • Respective powers of the European Member State and Commission regarding Emissions Trading and Allowance Allocation (annotation Case T-183/07, Poland v Commission and T-263/07, Estonia v Commission) 12 Environmental Law Review 216 – 224 (2010)
  • The Principle of Unity under Article 10 EC and the International Representation of the Union and its Member States (annotation Case C-246/07, Commission v Sweden) 3 European Journal of Risk Regulation 301-305 (2010)


Download my dissertation on the left


Main findings of dissertation
  • "Within the regulatory process, the question of who does what is determinative for what is eventually done and how."
  • "When we internalize environmental and social costs, 'expensive' abatement soon becomes more affordable than 'cheap' pollution."
  • "As evidenced by the EU ETS, achieving optimal competence allocation during the introduction of a new regulatory regime is more difficult than improving an existing regime."
  • "In order to develop successful (climate) policy on Earth, we first need to disprove the believe that economists are from Mars and lawyers are from Venus."
  • "De moderne wetenschapper moet niet bang zijn het podium te verlaten en tussen het publiek te gaan staan."
  • "Competence Allocation within the EU ETS is moving closer to the theoretical optimum of regional implementation and enforcement, but away from the optimum of global norm setting."
Verdediging/ Defense

11 AM sharp - Aula University of Amsterdam (Singel 411)
There is very little parking available near the Aula. Therefore we advice taking a tram (lines 1, 2 or 5 to 'Spui'). for map click here

Reception and Lunch

12.30 PM onwards - Brasserie Harkema (Nes 67)
There is very little parking available near Harkema. Therefore we advice taking a tram (lines 4, 9, 16, 24 or 25 to 'Rokin'). for map click here

Feest/ Party

9 PM onwards - Bar Oldenhof (Elandsgracht 84)
There is (very expensive) parking available near Bar Oldenhof. Therefore we advice taking a tram (lines 13 or 17 to 'Elandsgracht' from 'Amsterdam Central'). for map click here



Locations and times



Leontine Specker


Joris van Zeben



Josephine van Zeben

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