ABSTRACT
This chapter briefly assess the European Union (EU) approach to critical international law issues raised by Directive 2008/101, specifically in light of the Court of Justice of the European Union (CJEU) decision of 21 December 2011 in case C-366/10. It focuses on the territorial application of Directive 2008/01 and questions of jurisdiction. EU Directive 2008/101 expanded the EU Emission Trading System (ETS) to the aviation sector. As a consequence, upon a proposal by the European Commission, in March 2014 the European Parliament and the Council reached an informal agreement on the adoption of amendments to Directive 2008/101. The proposed amendments confine the application of the EU ETS to greenhouse gases (GHG) emissions from flights within the European Economic Area (EEA), including EU and non-EU-based aircraft operators. Sovereignty is taken into account based on customary international law and Open Skies Agreement. Environmental concerns are considered in EU law sources, the United Nations Framework Convention on Climate Change (UNFCCC) and Kyoto Protocol.
