Up in the Air : The Conflict Surrounding the European Union’s Aviation Directive and the Implications of a Judicial Resolution
Global climate change remains a formidable challenge, with the window for action quickly closing. While an international consensus has formed that global temperature increases must be limited to 2° Celsius to prevent “dangerous anthropogenic interference with the climate,” there still remains a significant gap between countries’ voluntary commitments and the reductions necessary to prevent global temperature increase above this threshold. While the EU’s Aviation Directive constitutes a step toward addressing this environmental challenge, it will ultimately serve as a setback in efforts to address global climate change.Enforcement of the Directive on non-EU airlines will exacerbate the already severe tensions surrounding the measure, driving the dispute into the WTO for judicial resolution. Instead of creating positive environmental norms, the Directive’s failure before the WTO would undermine the use of unilateral environmental measures with extraterritorial effects as a tool for climate policy, as well as other non-climate related environmental measures. Though the WTO has yet to use GATT Article XX to balance international trade with efforts to combat climate change, it is unwise to use the Directive as a means to define this relationship. A multilateral environmental agreement for aviation emissions is on the horizon, and even if the 38th ICAO Assembly fails to establish a market-based mechanism for these emissions, the EU should abstain from the extra-territorial application of the measure to preserve the climate negotiation process
Year of publication: |
2014
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Authors: | Ciolino, Katelyn |
Publisher: |
[S.l.] : SSRN |
Subject: | EU-Staaten | EU countries | Luftverkehr | Air transport | Luftverkehrspolitik | Air transport policy | EU-Recht | Community law |
Saved in:
freely available
Extent: | 1 Online-Ressource (40 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: Brooklyn Journal of International Law, Vol. 38, No. 3, 2013 Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments 2013 erstellt |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014149285
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