Internal aviation and the EU Carbon Trading Scheme: comment on the Air Transport Association of America Case

• Autores: Eileen Denza
• Localización: European law review, ISSN 0307-5400, Nº 3, 2012, págs. 314-326
• Idioma: inglés
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• Resumen

  • Following the failure of prolonged attempts to reach global agreement on bringing international aviation within the emissions trading system designed to reduce greenhouse gas emissions, as was envisaged by the Kyoto Protocol to the UN Framework Convention on Climate Change, the European Union in 2008 introduced a unilateral measure. The lawfulness of this measure has been challenged by US airlines in particular. On a reference from an English court, the Court of Justice confirmed that the EC Directive was lawful under international law rules on jurisdiction and under applicable treaties. The judgment further develops the integration of European law into the international legal system and clarifies its relationship with public international law. The Court's ruling has not, however, ended the controversy, and efforts to secure worldwide agreement within the framework of ICAO continue.