Legalising environmental leadership: A comment on the CJEU's ruling in C-366/10 on the inclusion of aviation in the EU Emissions Trading Scheme

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Abstract

Abstract in Undetermined
This article examines the recent judgment in case C-366/10 in which the CJEU upheld the widened scope of the EU Emissions Trading Scheme, to include aviation, against a challenge by US airlines. At the core of this case stands the question of the extent to which, if at all, the EU is allowed to unilaterally control greenhouse gas emissions from aviation given that to date these are unregulated at an international level. As such, this is a case concerning the legitimacy of regional regulatory responses to global institutional failings. What the court does is to legitimise EU’s leading role in combating climate change, which has important implications not only with regard to EU’s climate change policy but also in shaping the global climate change regime.

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Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • miljörätt, EU-rätt, EU Law, environmental Law
Original languageEnglish
Pages345-356
Volume24
Issue number2
Specialist publication or newspaperJournal of Environmental Law
PublisherOxford University Press
Publication statusPublished - 2012
Publication categoryPopular science