scholarly journals The Geographical Scope of the EU’s Climate Responsibilities

2015 ◽  
Vol 17 ◽  
pp. 92-120 ◽  
Author(s):  
Joanne SCOTT
Keyword(s):  
Climate Change ◽  
Emissions Trading ◽  
System Boundary ◽  
Intergovernmental Panel ◽  
First Order ◽  
Emissions Trading Scheme ◽  
Aviation Emissions ◽  
Trading Scheme ◽  
Geographical Scope ◽  
The Eu

AbstractIt is increasingly common for the EU to include extraterritorial greenhouse gas emissions within the scope of its climate change laws. These measures have proved to be fiercely controversial and on more than one occasion the EU has been forced to back down. With this in mind, this paper asks how far the EU’s climate change responsibilities ought to extend geographically. In answering this question, the paper draws a distinction between first-order and second-order climate responsibilities, acknowledges the importance of the internationally agreed ‘system boundary’ guidelines adopted by the Intergovernmental Panel on Climate Change, and seeks to learn lessons from the consequentialist approach that was favoured by the EU in giving broad geographical scope to its decision to include extraterritorial aviation emissions within the scope of its emissions trading scheme.

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

Climate Law ◽  
2011 ◽  
Vol 2 (4) ◽  
pp. 535-558 ◽  
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.

scholarly journals Derechos de emisión temporales procedentes de actividades de forestación y reforestación en el EU ETS

2011 ◽  
Vol 7 (14) ◽  
pp. 21
Author(s):  
Ignacio Bachiller Méndez ◽  
José Luis Fernández-Cavada Labat ◽  
Jaime Martín Juez
Keyword(s):  
Climate Change ◽  
European Union ◽  
Future Development ◽  
Clean Development Mechanism ◽  
Emissions Trading ◽  
Eu Ets ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
Flexible Mechanisms ◽  
The Eu

The authors have assessed the regulatory framework set by the UNFCCC (United Nations Frame Convention on Climate Change), the Kyoto Protocol and its Flexible Mechanisms, including the CDM (Clean Development Mechanism), and the EU ETS (European Union Emissions Trading Scheme). After this general overview, the article shows how afforestation and reforestation activities have been incorporated into the CDM process and its current consideration under the EU ETS. Transaction costs of these types of CDM project activities are analyzed, together with the state of the temporary allowances market. Finally, taking into account the above mentioned elements, the authors draw several conclusions on the opportunity and expectations of the future development of this market.

scholarly journals Dealing with climate change: A European centre–right perspective

European View ◽  
2018 ◽  
Vol 17 (2) ◽  
pp. 172-180
Author(s):  
Dimitar Lilkov
Keyword(s):  
Climate Change ◽  
Emissions Trading ◽  
The Political ◽  
Individual Level ◽  
Emissions Trading Scheme ◽  
Successful Approach ◽  
Trading Scheme ◽  
Political Spectrum ◽  
The Individual ◽  
The Eu

The fight against climate change is sometimes inaccurately perceived as a topic which inherently belongs to those on the left of the political spectrum. This article maps out the most important aspects of climate change and its prevention from a centre–right perspective, and ventures to show that a both sensible and successful approach to this problem is entirely consistent with centre–right tenets and values. It starts by discussing the principle of stewardship and how to address this issue on the individual level. It then argues that the involvement of local and regional actors is of great importance when it comes to the implementation of internationally set climate goals or specific commitments. The article proceeds with a brief overview of how the private sector and emerging technologies can play their part in the fight against climate change. Lastly, it makes the case for the reinforced engagement of the EU through coordinated investment, an improved emissions trading scheme and global leadership.

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

2008 ◽  
Vol 5 (2) ◽  
pp. 183-198 ◽  
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.

scholarly journals An EU perspective on international burden sharing post-2012

2008 ◽  
Vol 4 (4) ◽  
Author(s):  
Bruno Julien
Keyword(s):  
Climate Change ◽  
New Zealand ◽  
Emissions Trading ◽  
Burden Sharing ◽  
Global Burden ◽  
Emissions Trading Scheme ◽  
International Diplomacy ◽  
Core Elements ◽  
Trading Scheme ◽  
The Eu

Climate change issues have come to the forefront of international diplomacy and will increasingly dominate policy discussions, both within our countries and among them.1 New Zealand, like the EU, has engaged with the battle on climate change and is currently grappling with the complexities of putting in place an emissions trading scheme. The aim of this article is, first, to explain how the EU is contributing to the fight against climate change. In particular, I want to highlight how we already differentiate efforts within the EU among member states and different sectors, setting a real example of what could be done. Then I wish to outline some core elements for global burden sharing to be negotiated at the Copenhagen conference to be held under the United Nations Framework Convention on Climate Change in late 2009.

Up in the Air: Aviation, the EU Emissions Trading Scheme and the Question of Jurisdiction

2012 ◽  
Vol 14 ◽  
pp. 475-506
Author(s):  
Christina Voigt
Keyword(s):  
Climate Change ◽  
European Union ◽  
Emissions Trading ◽  
State Sovereignty ◽  
Eu Ets ◽  
The European Union ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
Eu Emissions Trading Scheme ◽  
The Eu

AbstractFrom 1 January 2012, all flights departing from or arriving at the European Union are covered by the EU Emissions Trading Scheme (EU ETS). Amendments were made to Directive 2003/87/EC by Directive 2008/101/EC with the objective of reducing climate change impacts attributable to aviation, but also in order to avoid distortions of competition. The scheme now includes all airlines, including those from third countries, and accounts for emissions that occur partly outside the airspace of EU Member States. A large number of third countries claim that the extension of the Emissions Trading Scheme to legs of flights outside EU territory violates the principle of state sovereignty and deny the jurisdiction of the EU to regulate emissions that occur beyond its borders. So far, the validity of the EU regulation has been challenged by a claim brought by US and Canadian air carriers. They contended that, in adopting the Directive, the EU infringed principles of customary international law—in particular the principle of state sovereignty and the prohibition of extraterritorial application—as well as various international agreements. On 21 December 2011, the Court of Justice of the European Union ruled that the inclusion of emissions from aviation in the EU ETS is valid. In response, Chinese and Indian carriers threatened not to pay the charge, while US airlines pledged to consider other options. This chapter analyses the judgment of the Court and the opinion of Advocate General Kokott in this case. Particular attention is given to the question of extraterritorial jurisdiction and the understanding of state sovereignty in the context of global climate change mitigation. The chapter argues that the Court missed an opportunity to contribute to the clarification of the law on jurisdiction and to the development of climate law.

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