The Legal Analyses To Airlines Brought By EU-ETS And The Solutions For China Airline

On the date of December19,2008, EU Council adopted theDirective2008/101/EC which officially includes the aviation. This Directive rules that,since the beginning of2012, all the aircraft flying into/out or just within the territoryof EU (including the foreign aircraft) shall be taxed for carbon emission. The schemeis undoubtedly good for the less of threat of change of global climate brought byaviation. However, the conditions for taxation of carbon commission have not yetmatured, this unilateral action may be do harm to the regular development of aviationand economy of various countries and regions where have lots of objection to thepricing mechanism, they deem that it infringes the international law and thesovereignty of theirs. Up to these days, the EU is still struggling with other countriesreferring to the scheme, the key factor is that each country intends to obtain priority inthe market of carbon transaction. Therefore, looking forward to the future of aviationand carbon transaction, how can the aviation of china cope with this problem? howcan we take priority of internal carbon transaction market? These questions are needto be answered and deeply considered. This paper intends to discuss the origin oftaxation for aviation, and then analyses its system design and carbon transaction fromlegal aspects, thus provides relevant solutions for aviation of china to settle theseproblems, with purpose to promote the development of aviation of china.This thesis can be divided into4chapters: Chapter Ⅰ mainly states the legal basis and theoretical frame of carbonemission trading market, including apply of course theorem in the carbon transactionand how the system of pollution emission transaction develop into that of carbonemission trading, and its basis structured by “The United Nations frameworkconvention on climate change” and “Kyoto Protocol”.ChapterⅡ analyses the development of EN-ETS and legal groundwork ofincluding airlines, then discusses the legitimacy and reasonably of this system, andfundamentally discovers the purpose and motivation for EU to includes the airlines.Chapter Ⅲ we will see the legal solutions taken by NON-EU countries,international organization and various airlines to cope with this situation,and thentheir solutions will be thoroughly reviewed so that we may find some reasonabletackling measures fit for China.Chapter Ⅳ This chapter firstly analyzes the current situation of airlines of Chinafrom history angle, in order to discover the advantages and disadvantages of that.Finally provides perfect solutions for the airlines of China to handle this problem ininstitutional and legal aspects.