A Study On The Law Of "Carbon Tariff" In EU Airline

Since the First Climate Conference in 1979 in Geneva, the issues of environment and climate had come into public view. The United Nations Framework Convention on Climate Change which entered into force in 1992 marked the issue of climate change be officially included in the scope of international law. Convention proposed the objectives and principles of climate control. Detailed implementation plans of the Convention embodied in the Kyoto Protocol which entered into force in 2005. The mandatory emission reduction obligations of developed countries included in the Annex of Kyoto Protocol. The derection of international climate regime become the focus of international climate negotiations in post-Kyoto era. Paris agreement which passed in Paris climate conference in December 12,2016 continue to promote the control of global climate.In the low-carbon context, countries around the world put the reduction of greenhouse gases emissions into practice. European Union, as the represent of the developed countries performed outstanding worldwide. After the directive of 2003/87/EC, European Union-Emissions Trading System (EU-ETS) has been funded. After the directive of 2008/101/EC was published, aviation industry had been included into the Emissions Trading System (EU-ETS). A series of laws, regulations, systems and measures stipulated the implementation details of Aviation emissions trading system. The move aroused the concern of the countries all over the world, and most of which against it. Eventually, under international pressure, EU published the directive of 2014/421/EU, In which the EU promised that it will not implement carbon tariffs until December 31,2016.Further research to the nature and content of EU aviation carbon tariffs, and Analysis from environmental law, trade law, and aviation law to explore its compatibility with the international law, we can get the following conclusion. Aviation carbon tariffs belongs to the border adjustment measures, In the environmental law, the aviation carbon tariffs violate the principle of common but differentiated responsibilities and the provisions of emissions reduction obligations of the Kyoto Protocol. In the international trade law, the aviation carbon tariffs violate the principle of national treatment and most-favoured-nation treatment principle and cannot apply the general exception clause. In the international aviation law, the aviation carbon tariffs violate the regulation of Chicago Convention about airspace sovereignty, taxes and other relevant aspects of the provisions.Therefore, only when the illegal place to be revised or some bilateral or multilateral mechanism to be implemented, can the aviation carbon tariffs play a role. Otherwise it will continue to be opposed by other countries. When Facing the current aviation carbon tariffs and similar measures of EU, on the one hand, we should actively promote the establishment of uniform international aviation emissions trading system, on the other hand, on the other hand, joint other countries to boycott the behavior of EU, at the same time, we will accelerate to establish the domestic aviation emissions trading system. Only do like this, can we catch the initiative position in international negotiations.