Global Problem—Regional Solution? International Law Reflections on an EU CO2 Emissions Trading Scheme for Ships

2011 ◽  
Vol 26 (4) ◽  
pp. 613-641 ◽  
Author(s):  
Henrik Ringbom
Keyword(s):  
European Union ◽  
International Law ◽  
Co2 Emissions ◽  
Emissions Trading ◽  
Emission Trading ◽  
Law Of The Sea ◽  
Emission Trading Scheme ◽  
Global Problem ◽  
Emissions Trading Scheme ◽  
Trading Scheme

AbstractInternational law questions linked to a potential future European Union ‘emission trading scheme’ for shipping are addressed. If such a scheme were to be introduced (which is not yet clear), and if it were designed to cover emissions that have occurred beyond the territorial waters of the Member States or even in other States’ maritime zones (which, in that case, seems likely), it would evoke interesting questions of principle relating to the jurisdiction of States to impose requirements on foreign ships for matters which take place beyond their territory. Different approaches to the question are discussed, starting from the law of the sea, but also including a brief review of other potentially relevant branches of international law. It is concluded that international law does not necessarily prevent the establishment of such a scheme, but places a number of important limitations on its design.

scholarly journals The Inclusion of Shipping in the EU Emission Trading Scheme: A Legal Analysis in the light of Public International Law

10.17345/1286 ◽  
2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Daniel Pérez Rodríguez
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Public International Law ◽  
Trading Scheme ◽  
The Eu ◽  
Do So

After regulating Greenhouse Gas emissions from air transport, the European Union is now contemplating taking action on emissions from the shipping sector. In order to do so, the European Commission carried out a public consultation process between January and April 2012. This article analyses the legal problems that would arise, in the light of Public International Law, should the European Union decide to follow the path of aviation and include shipping under the European Emission Trading Scheme (ETS). To do so, the focus will be placed on six different normative bodies of international law: (1) the United Nations Framework Convention on Climate Change and the Kyoto Protocol;(2) the MARPOL Convention; (3) the United Nations Convention on the Law of the Sea; (4) the General Agreement on Tariffs and Trade and the General Agreement on Trade of Services; (5) the principle of sovereignty over maritime areas; and (6) the bilateral agreements ratified by the EU containing clauses on maritime transport. The structure of each of the six normative bodies will be as follows: international commitments under each international norm, possibility of enforcement before tribunals and analysis of the legality of the EU measure in relation to that norm.

“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 The Inclusion of Shipping in the EU Emission Trading Scheme: A Legal Analysis in the light of Public International Law

2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Daniel Pérez Rodríguez
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Public International Law ◽  
Trading Scheme ◽  
The Eu ◽  
Do So

After regulating Greenhouse Gas emissions from air transport, the European Union is now contemplating taking action on emissions from the shipping sector. In order to do so, the European Commission carried out a public consultation process between January and April 2012. This article analyses the legal problems that would arise, in the light of Public International Law, should the European Union decide to follow the path of aviation and include shipping under the European Emission Trading Scheme (ETS). To do so, the focus will be placed on six different normative bodies of international law: (1) the United Nations Framework Convention on Climate Change and the Kyoto Protocol;(2) the MARPOL Convention; (3) the United Nations Convention on the Law of the Sea; (4) the General Agreement on Tariffs and Trade and the General Agreement on Trade of Services; (5) the principle of sovereignty over maritime areas; and (6) the bilateral agreements ratified by the EU containing clauses on maritime transport. The structure of each of the six normative bodies will be as follows: international commitments under each international norm, possibility of enforcement before tribunals and analysis of the legality of the EU measure in relation to that norm.

Trading Schemes, Risks, and Costs: The Cases of the European Union Emissions Trading Scheme and the Renewables Obligation

2008 ◽  
Vol 26 (5) ◽  
pp. 938-953 ◽  
Author(s):  
David Toke
Keyword(s):  
European Union ◽  
Environmental Governance ◽  
Emissions Trading ◽  
Command And Control ◽  
False Belief ◽  
The European Union ◽  
Governance Systems ◽  
Emissions Trading Scheme ◽  
Trading Scheme ◽  
And Control

The appropriateness and importance of market-based environmental governance systems vary according to different cases. Although so-called ‘market trading’ regimes can be useful in some circumstances, a false belief in the inevitability of their cost-effectiveness compared with so-called ‘command and control’ systems has allowed policy distortions to occur. So-called ‘command and control’ policies are being underemphasised, despite the fact that they may achieve reductions in carbon emissions that are cheaper than those likely to be achieved through emissions (or ‘certificate’) trading regimes. I address theoretical arguments which I then place in context with analysis of some features of the British Renewables Obligation and the European Union Emissions Trading Scheme.

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