European Journal of International Law, Vol. 23, No. 2, 2012, 469-494
26 Pages Posted: 1 Nov 2011 Last revised: 10 Nov 2012
Date Written: November 1, 2011
The EU is engaged in an ambitious, controversial, and high-stakes experiment to extend the reach of its climate change law. It is seeking to use its market power to stimulate climate action, and to substitute for climate inaction, elsewhere. This is most apparent in relation to the EU’s decision to include aviation in its emissions trading scheme. While we are sympathetic to the EU’s objectives, and do not take issue with its unilateral means, we argue that the EU is not giving adequate weight to the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDRRC). While the status, meaning, and implications of this principle are contested and unclear, it requires that developed countries should take the lead in addressing the causes and effects of climate change. We argue that the concept of CBDRRC retains relevance in the context of unilateral climate action, and that the EU’s Aviation Directive should be interpreted, applied, and where necessary adjusted in the light of it. We put forward two concrete proposals to achieve this end.
Keywords: climate change, European Union, Unilateralism, Aviation
JEL Classification: K32, K33, K20
Suggested Citation: Suggested Citation
Scott, Joanne and Rajamani, Lavanya, EU Climate Change Unilateralism (November 1, 2011). European Journal of International Law, Vol. 23, No. 2, 2012, 469-494. Available at SSRN: https://ssrn.com/abstract=1952554 or http://dx.doi.org/10.2139/ssrn.1952554