Pave the way greenly or punch the way greedily: A comment on EC Directive 2008/101/EC.

摘要

Climate change is a problem that all human beings have to face together. Since 1997, the Kyoto Protocol introduced the three flexibility mechanisms to cope with this environmental issue, one of which is emissions trading, using a market measure as a solution for an eco-problem. It is a new trend in the field of environmental protection. However, the core of emissions trading contains risks, which is a concern for most countries especially under the present global situation. Thus, emissions trading has not been widely accepted by a lot of states as an environment policy.;Focusing on a particular region, Asia, now an area more and more important to the whole world, economically and politically, especially booming China. However, in the environmental field, most Asian countries are followers, especially as their current priority is the economy not the environment. Climate change is not the main focus either. Even though the new directive of the EU will cover flights coming from Asia. Taking Taiwan, China and Japan for instance, each one stands for a character to examine the emissions trading policies within their legal systems. Taiwan is a non-contracting party, China is a non Annex 1 party and Japan is an Annex 1 party of the United Nations Framework Convention of Climate Change. What kind of measures can they adopt to fulfill the EU directive and to face the climate change issue in the cost-efficient way.;Although, the GHG emissions trading scheme is not perfect, to establish an Asian style GHG emissions trading scheme is a highly doable measure. A GHG emissions trading market can catalyze the renovation of high emission industries to reduce GHG emissions and improve the efficient use of energy. Especially for developing countries in the Far East this is the key to opening a new era.;In 2008, the EU amended its emissions trading scheme directive and the aviation industry was covered by the new directive. In other words, every international flight departing from or landing at any airport of EU countries will be forced to cut down its GHG emissions by joining the EU emissions trading scheme. The amended directive entered into force on February 2nd 2009. The directive directly impacts the global aviation industry. The EU action has been criticized for violating the integrity of the International Civil Aviation Organization. It also triggered an issue with international law, regarding the conflict between international organizations. At last, both international organizations have legitimacy to deal with the GHG emissions trading for aviation.