To realize international emission reduction targets, the European Union introduced a scheme for emission allowance trading. Despite large resistance from countries and companies, aviation activities were included in the scope of the trading scheme. In Air Transport Ass'n of America v. Secretary...

After recalling to which extent the inefficiencies emerged during the Emissions Trading Scheme past trading periods are related to its institutional framework, as defined by the Directive 87/2003/EC, this article focuses on the major provisions of the 2008 European Commission Proposal for a new...

Few EU decisions have caused more international outcry than the extension of the EU Emissions Trading System (ETS) to apply to aviation. The directive was legally challenged by US airlines before a UK court, which referred the case to the European Court of Justice (ECJ) for a preliminary ruling...

Greenhouse gases (GHGs) can contribute to global warming regardless of their country of origin. To reduce the impacts, it doesn't matter which region of the world cuts back on emissions, as long as the overall amount across the globe falls. That is the idea behind greenhouse gas emissions...

Within European climate change and energy policy, the European Emissions Trading Scheme (‘EU ETS’) occupies a prominent role. This article considers the developing case law of the European Courts on the EU ETS. Specific attention is paid to the role of the different actors within the EU ETS...

This chapter aims at enhancing the understanding of designing an emissions trading scheme for greenhouse gases within the EU context. After having emphasized the need for a legal analysis of the emissions trading instrument, it will present some important design options. Subsequently, it will...

The European Union (EU) is a self-conscious leader in the ‘fight’ against climate change and an active proponent of an ambitious global climate regime. Nonetheless, to a significant degree its efforts have been in vain. A global agreement to extend or replace the Kyoto Protocol has not been...

Effective January 1, 2012, the European Union (EU) instituted the first emissions trading scheme (ETS) for aviation which affected the domestic and international commercial airline industry flying into and out of the EU. The EU established the ETS to counter the global aviation sector’s role...

In spite of the Bush Administration's rejection of the 1997 Kyoto Protocol, states and private organizations have made efforts to curb greenhouse gas emissions independent of the federal government. Among these initiative are cap and trade programs designed to lower the cost of reducing carbon...

A central question in climate policy is whether early investments in low-carbon technologies are a useful first step towards a more effective climate agreement in the future. We introduce a climate cooperation model with endogenous R&D investments where countries protect their international...