Putting International Aviation into the European Union Emissions Trading Scheme: Can Europe Do It Flying Solo?

Abstract

In December 2006, the European Commission announced a proposal for a directive that would bring international civil aviation within its Emissions Trading Scheme, the most ambitious international carbon dioxide emissions trading scheme to date, and the European Union’s primary means of meeting its Kyoto Protocol obligations. While aviation and environmental stakeholders throughout the world have showed strong support for the proposal, representatives of aviation interests inside, and especially outside, the European Union have reacted with skepticism and concern. This Note discusses the international civil aviation regulatory framework and the mechanics of the proposed directive. It then explores the political, technical, and legal implications of the proposed legislation and concludes that the European Commission should not include international aviation in the European Union Emissions Trading Scheme, but rather should vigorously pursue multilateral international aviation emissions reductions through the International Civil Aviation Organization.