A Study On The Legal Problems In EU Aviation Emission Reduction Directive

Before November19,2008, The European Union emissions trading scheme did not include aviation activities. However European commission adopted Directive2008/101which provides that aviation activities will be included in the European Union Emissions Trading Scheme. On the date of1January2012, all airlines no matter in the country of European or other country will have to acquire and surrender emission allowances for their flights departing from or arriving at the territory of European. In December2009American airline associations proceeded against the Directive in the United Kingdom. They contended that the directive infringed not only various international treaties but also a number of principles of customary international law. The international agreements including but not limited to the Chicago Convention, the Kyoto Protocol, and the Open Skies Agreement. And a number of principles of customary international law like exclusive jurisdiction, common but different responsibilities are also challenged.This thesis can be divided into four parts:Chapter One mainly states the background of Directive2008/101, and its basis structured by The United Nations framework convention on climate change and Kyoto Protocol. Chapter Two is about the solutions taken by NON-EU countries(including China).In Chapter Three we will analysis if the Directive against some international treaties and international customs and principles.Finally based on the above analysis, provides some solutions for the airlines of China.