| In order to reduce adverse effects on global climate change caused by theincrease of carbon emission in international civil aviation industry, European Unionannounced that it would implement Directive2008/101/EC which was revised andapproved in2008and bring all the flights taking off and landing in the EuropeanUnion airports into the European Union Emission Trading Scheme on January1,2012. Then under the strong pressure from the international community, EuropeanUnion announced that it would suspend carrying out Directive2008/101/EC, but notincluding airline companies in the territory of European Union. Although EuropeanUnion has made a concession, it still does not abandon the implementation ofDirective2008/101/EC. This unilateral action of European Union alarms the wholeworld. The influence on global climate change caused by the international airlineemission is increasing day by day. It is urgent for the international community totake some measures and a leader leading all countries to make unified regulations isneeded. European Union should not be the leader. The unified regulations shouldbe made by negotiation under the framework of international civil aviationorganization, thus it can be accepted generally and implemented widely by allcountries.As an important transportation industry in China, civil aviation industry plays amore and more important role in social life and especially in external exchanges. Thecivil aviation industry in China is featured by late start, rapid growth and greatpotentials. It is unfair for Chinese civil aviation industry in rapid development periodto share the same set of standard with airline companies in developed countries toreduce emission. Developed countries are far ahead in green energy technology andnew energy technology. The aviation industry in developed countries is gettingsaturated and increasing slowly. Its emission quantity was large in the historicaldevelopment; therefore, it got large free carbon emission allowance. In addition,carbon emission load will be reduced largely by improving the old aircraft a little in developed countries. On the contrary, new energy technology and green energytechnology in China’s civil aviation industry are in early stage. Its developmentspace is large and the historical emission load is not enough obviously. In addition,the aircraft applied in Chinese civil aviation industry is of advanced world level andits emission level is low. It is not effective to reduce emission by general technicalmethod. Therefore it is unreasonable to bring civil aviation industry in developingcountries such as China into European Union Emission Trading Scheme.The decision-making body, contents and formulation process of Directive2008/101/EC are analyzed in this thesis in order to find its consistency to currentinternational environmental law, international air law and customary internationallaw and to confirm its validity and rationality. The countermeasures for thesustainable development of Chinese civil aviation industry in new circumstances aretried to find in this thesis combined with the current development situation ofChinese civil aviation industry from perspectives of negotiation, internationallitigation and dispute settlement of WTO and some relative conclusions are drawn.This thesis holds that, firstly, it violates the airspace sovereignty principle inChicago Convention and freedom of the seas in customary international law that thewhole flying range of carbon emission of aircraft is contained in the scope of controlas regulated in Directive2008/101/EC; secondly, those airline companies indeveloping countries are under control indiscriminately in Directive2008/101/EC,which violates the “common but different responsibility” principle under UnitedNations Framework Convention on Climate Change and Kyoto Protocol and makesthose developing countries which need to take no responsibilities originallyundertake more emission reduction obligations; thirdly, through analysis on thebehavior of carrying forward Emission Trading Scheme under coercion regardless ofthe strong disagreement from the international community, the eagerness ofEuropean Union toward leading the career of global greenhouse gas emissionreduction is obvious. Although European Union promised that Directive2008/101/EC is not applicable to non-EU airline companies at the moment andagreed to discuss about unified measures for reducing greenhouse gas emission inthe International Civil Aviation Conference to be held in the autumn of2013, European Union will continue to resume Directive2008/101/EC if agreement is notreached in the conference. From European Union’s statement it still does notabandon unilateral action to solve international problems. Besides, the commitmentperiod of emission reduction of all parties of Kyoto Protocol has expired and there isnot a new legally blinding unified document in the international community, whichcausing uncertainty in the international climate change policy in the period of postKyoto Protocol. Therefore, as a developing country and a country of large emissionquantity, China should size up the situation, improve relative legislation, establishdomestic carbon emission trading system and protect the civil aviation industry inrising stage. |
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