Duty Free? The Rationale of the ECJ in C-366/10, on the Inclusion of Air Transport Into the Emissions Trading Scheme

2013 ◽  
Author(s):  
Jordan Sosnowski ◽  
Geert van Calster
Keyword(s):  
Emissions Trading ◽  
Air Transport ◽  
Emissions Trading Scheme ◽  
Trading Scheme

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.

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