FACULTY OF LAW











LEGAL CHALLENGES IN THE USE OF THE MARKET-BASED EU ETS TO CUT GREENHOUSE GAS EMISSIONS IN AVIATION:
C-366/10 – A decision in the right direction or should alternative measures be taken?

























FACULTY OF LAW





LEGAL CHALLENGES IN THE USE OF THE MARKET-BASED EU ETS TO CUT GREENHOUSE GAS EMISSIONS IN AVIATION:
C-366/10 – A decision in the right direction or should alternative measures be taken?



ABSTRACT


21 December 2012 the Court of Justice of the European Union has decided that the inclusion of international aviation in the European Union Emissions Trading Scheme does not interfere with international law and thus, is legal.
The ongoing international row about the matter escalated further because of this decision and was an important incentive to many non-EU countries to plan joint action against the European Union.
This essay focuses on legal challenges in tackling the worldwide issue of greenhouse gas emissions caused by aviation in a future perspective. It will briefly address the environmental issue of greenhouse gas emissions by aviation and describe the main features of the European Union Emissions Trading Scheme concerning aviation emissions. It will discuss the decision of C-366/10 and point out the main arguments of the parties involved.
Throughout this essay different legal issues that were challenged concerning the European Union Emissions Trading Scheme will be addressed. These challenges will then be reflected on other possible measures to tackle the environmental issue of greenhouse gas emissions by aviation.
Finally, this essay concludes whether the EU ETS is capable of handling these challenges or if alternative measures offer a better solution to tackle the issue of GHG emissions caused by aviation.





Table of contents

Introduction - 4 -
1. The European Union Emissions Trading Scheme - 6 -
  1.1 The Kyoto Protocol - 6 -
  1.2... [continues]

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APA

(2012, 04). Legal Challenges in the Use of the Market-Based Eu Ets to Cut Greenhouse Gas Emissions in Aviation: C-366/10 – a Decision in the Right Direction or Should Alternative Measures Be Taken?. StudyMode.com. Retrieved 04, 2012, from http://www.studymode.com/essays/Legal-Challenges-In-The-Use-Of-985519.html

MLA

"Legal Challenges in the Use of the Market-Based Eu Ets to Cut Greenhouse Gas Emissions in Aviation: C-366/10 – a Decision in the Right Direction or Should Alternative Measures Be Taken?" StudyMode.com. 04 2012. 04 2012 <http://www.studymode.com/essays/Legal-Challenges-In-The-Use-Of-985519.html>.

CHICAGO

"Legal Challenges in the Use of the Market-Based Eu Ets to Cut Greenhouse Gas Emissions in Aviation: C-366/10 – a Decision in the Right Direction or Should Alternative Measures Be Taken?." StudyMode.com. 04, 2012. Accessed 04, 2012. http://www.studymode.com/essays/Legal-Challenges-In-The-Use-Of-985519.html.