| In 2008, the EU introduces the 2008/101/EC Directive, which explicitly includes aviation into the EU emissions trading system (ETS) to form the EU aviation ETS. According to the provisions of the directive, EU aviation ETS not only applies to airlines of the EU, but also applies to airlines of other countries. Therefore, the costs of airlines is increasing, leading to rising of ticket prices and affecting the free flow of people and goods between the EU and other countries, thereby generating WTO EU aviation ETS legitimate issues. The article firstly analysis EU aviation ETS relevant to WTO statute and case, and determine the applicable conditions under the WTO frame. Then the relevant provisions of EU aviation ETS contrast the WTO rules to control conclusion. After analysis, EU aviation ETS violates the Most-favored nation(MFN) treatment principle under the WTO system, the principle of national treatment, and can not be exempted by the general exception provisions, except the principle of freedom of transiting. In addition, the article make a number of recommendations to environmental protection measures of the EU aviation ETS response. The article contents of four parts as follows:Chapterl focuses on EU aviation ETS overview, including legislative background of EU aviation ETS, the main content and the impact of international.Chapter2 analyzes the legality of EU aviation ETS under the GATT framework, analyzes the legal nature of the EU aviation ETS, as well as EU aviation ETS in compliance with GATT MFN, national treatment, freedom of transit treatment and general exception clause.Chapter3 analyzes EU aviation ETS in the legality under the GATS framework, analysis "Air Transport Services Annex"on the applicable of EU aviation ETS, as well as EU aviation ETS in compliance with GATS MFN, national treatment and general exception clause.Chapter4 analyzes the impact of EU aviation ETS to China, and our specific recommendations deal with the EU aviation ETS. |
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