Challenges And Countermeasures To The EU’s Carbon Trading Regulation Of Aviation Emission

With the global emission of greenhouse gases every year, the average temperature of the earth is also rising. Thus every country pays great attentions to the global warming, and starts to deal with this common problem together. On January1st2012, EU intends to bring the civil aviation carbon emission into the trade system of EU carbon emission by means of controlling the sum of carbon emissions and trading, which is strongly opposed by governments and airlines. This unilateral deed of EU violates the regulation of climate change--the Framework Convention on Climate Change and the Kyoto protocol, as well as the Chicago Convention, which is governing civil aviation. This behavior is not approved by other countries, for the reason that it harms both the outcomes of international climate negotiations and the legitimate interests of the non-EU countries. Although, on February26th2013, ENVI has already passed a proposal to suspend the directive of European aviation emissions and carbon emission trading, once restart, China still has to face the green trade barriers.This article, begins with the background of the aviation carbon emission trading directive, analyzes the generation and nature of the EU aviation emission trading directive, discusses the present situation of its implementation and legitimacy by combining the Framework Convention on Climate Change, the Kyoto Protocol and other international conventions, in order to put forward strategies that China should adopt to response to the aviation carbon emission trading directive. This article is divided into four chapters:The first chapter is the background of the European aviation emission trading directive. First of all, this chapter analyzes the aviation carbon emissions trading directive climate background; secondly, based on the analysis of the climate background, this chapter also tries to explore the international law background of the European aviation emissions trading directive.The second part is the introduction of aviation carbon emission trading directive. This chapter is divided into four parts:the first part introduces the formation process of the aviation carbon emission trading directive; The second part discusses the content of the European aviation emission trading directive; The third part analyzes the potential purposes of the European aviation emissions trading directive; The fourth part points out the attitudes of other countries toward the EU aviation emission trading directive.The third part is about the legal challenges under the perspective of aviation carbon emissions trading directive. This part analyzes both the international law challenges and domestic law challenges brought by EU aviation emission trading directive on international law and domestic lawThe fourth part is the countermeasures we should adopt in response to the aviation carbon emission trading directive. This part is the core of this essay, which elaborates countermeasures from both international and domestic aspects. It will also points out the problems and countermeasures we should notice while response to this regime.