EU To The Aviation Industry Into The Carbon Emissions Trading System Of Illegal Analysis

It has been the common sense that human beings’ activities are the major reason of global warming. This has been affirmed by the 2015 Climate Change Synthesis Report from the IPCC. 1992, United States held the climate change meeting and establish the United Nations Framework Convention on Climate Change and this convention has becoming the basic framework for countries cooperating with each other in dealing with climate change. In 1997, Kyoto Protocol come into effect and composes obligation for developed countries from 2005 and set obligation for developing countries from 2012. However, EU included the emissions from aviation into the European union emissions trading system according to the 2008/101/EC. Emissions produced by the flights arriving at or departing from the airports in European union countries are all included into the EU EUTS no matter the airplane belongs to which country. Once the 2008/101/EC came into effect, almost every non-European country refereed to has put forward their dissenting opinions. China and India gave order to all the airline companies and prohibit their airplanes take part in the EU ETS.As we all know that European unions developed a better emissions trading system than other countries because it is a union of developed countries which can control the members through their government bodies at the same time the members of European unions has their own activity.It is illegal that EU ETS covers emissions from aviation on matter where it took place. Firstly, it violates the Common but Different Responsibilities and Respective Capabilities. Common but Different Responsibilities and Respective Capabilities is the basic rules which set obligation for developed countries to reduce the emissions of greenhouse gas from 2005 while developing countries should bear the obligations of reducing emissions from 2012. Till now, the contracting parties of United Nations Framework Convention on Climate Change still can not contracting a new protocol after Kyoto Protocol. There are not documents set obligations for developing countries.2008/101/EC included all the flights arriving at and departing from airports in European union even though the airplane belongs to developing countries. European unions has no right to set obligation for other countries in reducing greenhouse gas emissions which can only be set by new Protocol of United Nations Framework Convention on Climate Change. Secondly, according to article 2.2 of the Kyoto protocol, the parties should take action through the International Civil Aviation Organization and the International Maritime Organization to control the emissions of greenhouse gas from fuel of aviation and navigation, which is not controlled by the Montreal Protocol. European Union took unilateral action not through the international civil aviation. Thirdly, it violated the Principle of National Sovereignty. The Emissions produced during the last voyage are controlled by the 2008/101/EC even though the emissions take place outside European Union airspace. In addition, the 2008/101/EC also violated the Most-Favored-Nation Treatment principle in WTO legal system and the principle of National Treatment. Based on the above reasons, non-European countries fight with 2008/101/EC is justified. Unfortunately European Union will not abolish the 2008/101/EC. On April 30, 2014, the European Union issued No 421/2014 that says from 1 January 2013 to 31 December 2016,Non-European Union countries’ air flights are not be forced to participate in the European Union emissions trading system. After the suspension period, aircrafts from the Non-European Union countries will be forced to participate in European union emission trading system or accept high penalties. Therefore, it is necessary to seek countermeasures for the European Union’s unilateral behavior, for example, bringing it to the WTO dispute settlement procedures and developing our country’s emissions trading system.