Air Transport Association of America v. Energy Secretary before the European Court of Justice: Clarifying Direct Effect and Guidance for Future Instrument Design for a Green Economy in the EU
University of Cambridge - Faculty of Law
May 8, 2012
Review of European Community & International Environmental Law (RECIEL) Forthcoming 2012
University of Cambridge Faculty of Law Research Paper No. 12/2012
In a preliminary ruling on Air Transport Association of America (ATAA) v. Energy Secretary the European Court of Justice (CJEU) delivered a groundbreaking decision. The case is concerned with the legality of the inclusion of the aviation sector in the EU emission trading scheme (ETS). As such, it poses many interesting legal questions from a EU external relations and EU environmental law points of view but ultimately what the case represents is a resounding victory for the EU and its Member States in confirming the legality of the inclusion of aviation in the EU ETS.
Keywords: EU, Climate Change, ETS, External Relations, International Aviation, Law, Sustainable Development
JEL Classification: K3
Date posted: May 21, 2012 ; Last revised: August 23, 2012
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