Influence of the European Emissions Trading Scheme on MRO Provider of the Civil Aviation Industry

The United Nations Framework Convention on Climate Change also known as the Kyoto Protocol has set up a framework to reduce carbon emission. The environmental issue is also being addressed at the international aviation sector through the International Civil Aviation Organization’s resolutions. As an international organization sui generis, the European Union (EU) has decided to take up a further step with the enactment of the EU Emissions Trading Scheme. The latter has obliged both EU and non-EU airlines to comply with its ambitious goal controlling aviation emissions. However, the legal framework had triggered international objections from legal perspective due to infringement towards the Chicago Convention of 1944 and the international customary law principles. Considering of the nature of the Association of South East Asian Nations (ASEAN) as an international organization without a supranational law order; as well as recent developments in regards to legal framework on emissions, the future of ASEAN skies from an environmental perspective seems uncertain. However, if ASEAN Emissions Trading Scheme shall take place, they should learn from the EU Emissions Trading Scheme past mistakes and the International Civil Aviation Organization resolutions to prevent non-discrimination towards non-ASEAN member states’ airlines from happening.

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“Make your own special song, even if nobody else sings along”: International aviation emissions and the EU Emissions Trading Scheme

Climate Law ◽

10.1163/cl-2011-050 ◽

2011 ◽

Vol 2 (4) ◽

pp. 535-558 ◽

Cited By ~ 8

Author(s):

Kati Kulovesi

Keyword(s):

Climate Change ◽

European Union ◽

International Law ◽

Emissions Trading ◽

Civil Aviation ◽

The European Union ◽

Emissions Trading Scheme ◽

Aviation Emissions ◽

Trading Scheme ◽

The Eu

This article focuses on the escalating international row over the decision by the European Union to include aviation emissions in its Emissions Trading Scheme from 2012 onwards. The main point of controversy is that the ETS will apply to foreign airlines to the extent they operate flights to and from EU airports. The article sheds light on the background of the dispute by providing an overview of the slow progress on aviation emissions under the UNFCCC and the International Civil Aviation Organization. It describes the main features of the EU scheme and discusses the pending request for a preliminary ruling from the Court of Justice of the European Union concerning the compatibility of the ETS with international law. The article concludes that there is a good case to be made for the legal design of the EU’s scheme for aviation emissions under international law. Furthermore, from a climate-policy perspective, the scheme can be seen as a necessary first step towards controlling rapidly growing aviation emissions. At the same time, the continuing global impasse on climate change mitigation raises concerns over fragmentation of climate change law and the spread of unilateral climate policies and retaliatory measures.

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Including aviation in the EU Emissions Trading Scheme: prepare for take-off

Journal for European Environmental & Planning Law ◽

10.1163/161372708x324187 ◽

2008 ◽

Vol 5 (2) ◽

pp. 183-198 ◽

Cited By ~ 1

Author(s):

Jane Barton

Keyword(s):

Climate Change ◽

Emissions Trading ◽

Civil Aviation ◽

Continuous Growth ◽

Emissions Trading Scheme ◽

Legislative Proposal ◽

Trading Scheme ◽

Almost Continuous ◽

Eu Emissions Trading Scheme ◽

The Eu

AbstractSince the advent of civil aviation, air transport has experienced almost continuous growth. However this growth has also led to an increase in emissions which contribute to climate change. The exclusion of international aviation emissions from the targets under the Kyoto Protocol means that little action has been taken to address this impact. In 2005, the European Commission set out its comprehensive approach for addressing aviation's impact on climate change and in December 2006 made a legislative proposal for the inclusion of aviation in the EU Emissions Trading Scheme. Both the Council and the European Parliament broadly support the Commission's proposal but have proposed detailed amendments to the proposed legislation. This Article analyses the position adopted by each institution so far and the next steps for the adoption of the legislation.

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The EU Emissions Trading Scheme and the Court of Justice: The “High Politics” of Indirectly Promoting Global Standards

German Law Journal ◽

10.1017/s2071832200017831 ◽

2012 ◽

Vol 13 (11) ◽

pp. 1247-1268

Author(s):

Elaine Fahey

Keyword(s):

Greenhouse Gas ◽

Emissions Trading ◽

Civil Aviation ◽

Eu Ets ◽

Court Of Justice ◽

Global Standards ◽

Emissions Trading Scheme ◽

Trading Scheme ◽

Eu Emissions Trading Scheme ◽

The Eu

The European Union (EU) Emissions Trading Scheme (ETS) is a cornerstone of the European Union's policy to combat climate change and its key tool for the cost-effective reduction of industrial greenhouse gas emissions. Moreover, according to the European Commission, it is the first and biggest international scheme for the trading of greenhouse gas emission allowances, including sophisticated and far-reaching penalties. Notably, however, the scheme arose out of a failure at the international level to agree on global standards. When an amended directive included aviation under this scheme beginning in 2012, it ignited a global controversy that came before the Grand Chamber of the Court of Justice in December 2011. In its decision, the Court and Advocate General explicitly explain that the EU ETS regime arose because of the failure of the International Civil Aviation Organisation (ICAO) to evolve a global regulatory scheme. To some, the decision of the Court of Justice on the EU ETS represents a definitive view on the legality of the EU's ambitions to uphold high environmental standards and to compel others to uphold these standards also.

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