Legal Analysis On The EU Aviation Carbon Tariffs

The EU has brought the international aviation industry in to the carbon trademechanism. Although it contributes to the reduction of greenhouse gases emission, italso has great impact on the development of international aviation. Therefore, it hasencountered with strong opposition from many countries including China. As anation with rapidly developing aviation industry, China is on its way to build aneffective carbon trade mechanism for the aviation industry. Deficiencies remain interms of the measures and regulations to cope with the EU aviation carbon tariffsand similar issues. This thesis adopts the method of quantitative analysis. Throughthe legal analysis for the aviation carbon tariffs of EU, the problems for appealingthe EU aviation carbon tariffs to the WTO are illustrated. Suggestions are providedfor China to response to the EU aviation carbon tariffs and relevant issues.From the perspective of the legislative evolution and the main content of thelaws and regulations on EU aviation carbon tariffs, EU is intended to avoid the dutyfor the reduction of the emission of greenhouse gases assigned by the UNFCCC“The UN Framework Convention on Climate Change” by levying the aviationcarbon tariffs. At the same time, it also dominates the establishment of global carbontrade mechanism within the framework of International Civil Aviation Organization,which enhances its status in the global politics and economy. However, with thegreat pressure from the ICAO and the countries around the world, EU has to weakenthe jurisdictive and executive power of the directives on aviation carbon tariffs.From the perspective of the illegality of the laws and directives of EU aviationcarbon tariffs, although it has won the case, in which Air Transport Association ofAmerica accused the EU for its aviation carbon tariffs, the legal basis has beenwidely questioned. This thesis analyzes the illegality of EU aviation carbon tariffswithin the range of Public International Law and the framework of WTO. The authorbelieves it violates the International Environmental Law, the responsibility forcarbon emission reduction, and regulations on the air space sovereignty, tariffs, andthe banning of traffic restrictions. It’s also against the principle ofnon-discrimination and specific clauses of WTO. The author points out that EU failsto seek for a solution for the carbon emission reduction within the framework ofICAO. The laws and directives on aviation carbon tariffs are regarded asUnilateralism, which is against the freedom of aviation trade and is harmful to thesound development of the international aviation trade.At present, a global aviation carbon trade mechanism has not been formed. There’s possibility for the upgrading of the issues concerning carbon tariffs.Therefore, this thesis demonstrates the feasibility for the EU aviation carbon tariffsto be appealed to WTO. The author believes that there’s major difficulty to appealthe EU aviation carbon tariffs to WTO. The optimized solution for China to solve theproblem of EU aviation carbon tariffs or other carbon tax issues is throughmultilateral negotiations and the improvement of domestic carbon trade mechanism.