The European Union Intends to Enforce Carbon Emissions Cap and Trade on U.S. Airlines

摘要

On October 6, 2011, in response to a challenge led by the Air Transport Association of America (ATA) (Case C-366/10), the advocate general of the European Court of Justice, Julian Kokott, issued a preliminary finding that the European Union's Emission Trading System (ETS), specifically Directive 2008/101/EC, imposing carbon dioxide emissions caps on international airlines "is compatible with all the provisions and principles of public international law referred to in the request for preliminary ruling," including the 1944 Convention on International Civil Aviation (Chicago Convention), the 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Chanae (Kvoto Protocol) and the 2007 Air Transport Agreement (Open Skies Agreement).