Study On EU 's International Law On Carbon Emission Reduction Rules In Aviation Industry

The problem of global climate change has become one of the most concerned problems in the world. Climate change is not only closely related to our daily life, but also having a negligible impact on global economic development and scientific progress. How to resolve climate change problem is seemed to have become an important issue in front of all countries throughout the world. Energy conservation, carbon emission reduction, and environmental protection have been irreversible trends of the times. However, the international community has been unable to reach agreement between developed countries and developing countries, the various countries and regions have done a lot of hard work to reduce greenhouse gas emissions (mainly carbon dioxide). European Union ("EU") plays the leading role in carbon emission reduction, has made some achievements in controlling carbon emission and enhancing carbon emission trading and established comparatively perfect carbon emission trading system, which has great significance and value in practice. China, as one of the largest developing countries, shall inevitably assume the responsibility to control carbon emission, however, the existing EU’s carbon trading system, incorporating civil aviation industry, which may lead to serious challenges to China’s international civil aviation industry, even to the whole social and social development. How to release these pressures in reality and seek to find a path of sustainable development in the context of climate change, is worthy of our thorough discussion and research.This paper analyzes and summarizes the changes in carbon emission reduction in the context of climate change, interprets the EU’s carbon emission trading system and its corresponding carbon emission reduction rules in aviation industry, and attempts to point out countermeasures for China how to apply international law to respond and resolve the potential disputes in order to gain the initiative and leading power in the negotiations on international climate change.This paper is composed by the text (Chapter Ⅰ, Ⅱ, Ⅲ and Ⅳ) and the conclusion, as follows:Chapter I is focused on the introduction to the latest developments of the United Nations Framework Convention on Climate Change ("UNFCCC"),and the Kyoto Protocol on UNFCCC, and set forth the changes and development of carbon emission reduction rules in the context of climate change. Chapter Ⅱ briefly introduces the legislative background and basic framework of carbon emission reduction rules, thorough research on the characteristics of EU’s carbon emission reduction rules in aviation industry, and initially proposes the disadvantages and drawbacks of the EU’s carbon emission reduction rules in aviation industry after the analysis on the responses of interested parties and dispute settlement.Chapter Ⅲ thoroughly interprets the structure and contents of the EU’s carbon emission reduction rules from the legal perspective, including the interpretation on legality of the subject, the contents, as well as the legal compatibility of the rules with existing international law, including but not limited to international environmental law, international civil aviation law, international trade law as well as jus cogens.Chapter Ⅳ discusses the particular interests and standpoint of China and its significant impact on China’s civil action industry based on the internal and external interpretation on the EU’s aviation industry carbon emission reduction rules, and analyzes the standpoint of China and the feasibility for China to resolve the dispute by legal methods. Then this chapter makes the conclusion that China shall apply the integrated variety of dispute settlement mechanisms, as well as enhance its sustainable development based on the study of EU’s carbon emission trading system.