Air Transport Association of America V. Secretary of State for Energy and Climate Change

2013 ◽  
Vol 107 (1) ◽  
pp. 183-192
Author(s):  
Glen Plant
Keyword(s):  
Climate Change ◽  
International Law ◽  
Emissions Trading ◽  
Air Transport ◽  
The European Union ◽  
Customary International Law ◽  
Trade Dispute ◽  
Court Of Justice ◽  
Emissions Trading Scheme ◽  
Trading Scheme

In a landmark decision, on December 21, 2011, the Court of Justice upheld the extension to international aviation activities of the greenhouse gas emissions trading scheme (ETS) of the European Union (Union or EU) against a challenge that it violates several treaties and principles of customary international law. In addition to its broader significance in the context of global versus unilateral approaches to tackling climate change, and its related role in fueling a major international trade dispute, the ruling pronounces on important aspects of international aviation law and clarifies the principles governing conformity of EU internal legislation with international law.

“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.

The Court of Justice of the European Union: Air Transport Association of America (Ata) et al. v. Secretary of State for Energy & Climate Change

2012 ◽  
Vol 51 (3) ◽  
pp. 535-562
Author(s):  
Uwe M. Erling
Keyword(s):  
Climate Change ◽  
European Union ◽  
Air Transport ◽  
The European Union ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Secretary Of State ◽  
United Airlines ◽  
Trading Scheme ◽  
The Eu

On December 21, 2011, the Court of Justice of the European Union (‘‘ECJ’’) issued a long-awaited judgment in a reference for preliminary ruling in proceedings brought by the Air Transport Association of America, American Airlines, Inc., Continental Airlines, Inc., and United Airlines, Inc. (‘‘ATA and others’’) against the Secretary of State for Energy and Climate Change of the United Kingdom of Great Britain and Northern Ireland. The judgment intends to clarify the highly contentious issue of whether the application of the EU Emissions Trading Scheme (‘‘EU ETS’’) to aviation activities under the Directive 2008/101/EC is compatible with international law, and whether it violates the sovereignty of other states or the freedom of the high seas.

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.

Hot Air and Hot Heads: An Examination of the Legal Arguments Surrounding the Extension of the European Union's Emissions Trading Scheme to Aviation

2012 ◽  
Vol 3 (1) ◽  
pp. 163-188
Author(s):  
Steven M. DEJONG
Keyword(s):  
European Union ◽  
Carbon Emissions ◽  
Emissions Trading ◽  
The European Union ◽  
Political Will ◽  
Hot Air ◽  
Court Of Justice ◽  
Emissions Trading Scheme ◽  
Legal Arguments ◽  
Trading Scheme

The issue of carbon emissions in international aviation has proven difficult to deal with from a regulatory standpoint. Issues of a transnational character are regulated through co-operation and compromise, but there has been a lack of political will to achieve the necessary co-operation and compromise to deal effectively with carbon emissions in international aviation. The European Union is now trying to push for development in the regulatory sphere through the unilateral extension of its Emissions Trading Scheme to international aviation. This unilateral extension conflicts with international air law, but has recently been declared valid by the Court of Justice of the European Union in Case C-366/10. This article focuses on the legal arguments raised in that case, concluding that the judgment delivered by the Court is legally questionable, but may nonetheless prove constructive, as a political instrument, in the delivery of an international solution to the regulation of aviation emissions.

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