Legalising environmental leadership: A comment on the CJEU's ruling in C-366/10 on the inclusion of aviation in the EU Emissions Trading Scheme
Author
Summary, in English
Abstract in Undetermined
This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in combating climate change, which has important implications not only with regard to EU’s climate change policy but also in shaping the global climate change regime.
This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in combating climate change, which has important implications not only with regard to EU’s climate change policy but also in shaping the global climate change regime.
Department/s
Publishing year
2012
Language
English
Pages
345-356
Publication/Series
Journal of Environmental Law
Volume
24
Issue
2
Document type
Journal article
Publisher
Oxford University Press
Topic
- Law
Keywords
- miljörätt
- EU-rätt
- EU Law
- environmental Law
Status
Published
ISBN/ISSN/Other
- ISSN: 1464-374X