Research On The Legal Issues Of European Aviation Carbon Instruction

In 2008 the EU aviation carbon directive, passed by the council of Europe, rules on January 1,2012 to begin formal execution, but the instructions are boycott by the governments and airlines. The action of EU is typical of the practice of unilateralism, it’s defiance of international conventions, international habits, is the lawful rights and interests of other countries especially in developing countries. This directive in 2013 is in a state of the lockout by the European parliament’s environment committee. Although in a lockout, but the international community for the discussion of the problem has never rest, the development direction after the lockout still exist many possibilities:if towards abolition, the international aviation industry will need to build a new system of aviation carbon emissions to replace; If resume the execution, our country need to be well prepared to deal with. Based on background of EU aviation carbon instruction as a breakthrough point, to the EU aviation carbon instructions appear necessity is analyzed, and then combined with the United Nations framework convention on climate change, the Kyoto protocol, and points out that the Chicago convention EU aviation carbon instruction is typical of unilateralism, behavior, and then through the EU aviation carbon instruction after the lockout of the doctrine of three kinds of analysis, it is concluded that the EU aviation carbon instruction in the future is likely to end the conclusion, and put forward the construction of legal system of international aviation carbon Suggestions, including aviation carbon emissions reduction targets set and the rules of mitigation measures. Finally, due to the complex and changeable international situation, the EU aviation carbon instruction still has the possibility of resume execution, so, in the fully realized that the EU aviation carbon instruction resume execution of our country on the basis of the impact of measures should be in our country is very necessary. At the domestic level mainly is to speed up the carbon emission rights exchange act and the steps of the space law, establishing a climate change law; At the international level is mainly make full use of WTO national treatment principle, strive to as a breakthrough, will submit the problem to the WTO dispute settlement mechanism to resolve and actively participate in the new rules and international aviation emissions standards and negotiations.