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The midway assessment is carried out in accordance with the Guidelines for midway assessments for the doctoral program at the Faculty of Law, University of Oslo. The evaluation consists of an open seminar part (approx. 90 min.) and a closed meeting (approx. 30 min.).
Assessor: Leonie Reins, professor at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands
Supervisor: Stian Øby Johansen, associate professor at the Department of Public and International Law, University of Oslo
Leader of the assessment: Finn Arnesen, professor at the Scandinavian Institute of Maritime Law, University of Oslo
About the PhD researcher
Heidi Sydnes Egeland is a PhD researcher at the department of Energy and Resources Law at the Nordic Institute of Maritime Law, affiliated with the Norwegian CCS Research Centre. More information is available here.
About the project
The project considers the legal content and application of the polluter pays principle in EU/EEA climate mitigation law and its consequences for the CCUS industry. The core research question is: What is the substantive function and potential procedural role of the polluter pays principle in EU climate law in achieving net zero and net negative emissions?
The European Climate Law sets forth a binding mitigation target of net zero emissions by 2050 and an aim of negative emissions thereafter. The implementation of this target extends to the EFTA countries through agreements with the EU – particularly the EEA agreement. In essence, the EU imposes upon a single generation of Europeans the burden of decarbonising a carbon-based economy that was incrementally built since the industrial revolution. While the technical means exist, a key question remains: who pays?
The question of who pays in terms of managing pollution is governed by the polluter pays principle set forth by article 191 (2) TFEU. With this thesis, I aim to contribute to the knowledge of the substantive functioning of the polluter pays principle in EU law generally and climate mitigation law specifically. Moreover, I aim to explore how an enhanced procedural role for the polluter pays principle in the legislative process may contribute to its consistent application in EU law, which may promote much needed coherence and democratic legitimacy within the vast, complex and rapidly evolving area of climate law.
To enable an in-depth analysis, I consider the interaction between the polluter pays principle and the regulatory framework governing Carbon Capture, Utilisation, and Storage Technologies (CCUS). CCUS presents a compelling case due to its critical role in achieving the EU’s mitigation target, coupled with the current framework’s varied and, to some extent, problematic implementation of the polluter pays principle.
More information on the project may be found here.