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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

Bogojevic, Sanja LU (2012) In Journal of Environmental Law 24(2). p.345-356
Abstract (Swedish)
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... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to specialist publication or newspaper
publication status
published
subject
keywords
miljörätt, EU-rätt, EU Law, environmental Law
categories
Popular Science
in
Journal of Environmental Law
volume
24
issue
2
pages
345 - 356
publisher
Oxford University Press
external identifiers
  • wos:000305825200006
  • scopus:84864504046
ISSN
1464-374X
DOI
10.1093/jel/eqs013
language
English
LU publication?
yes
id
a5dfb6fe-6e19-4ec9-9c74-599eed5f89eb (old id 2543272)
date added to LUP
2012-05-24 08:06:40
date last changed
2017-09-10 03:08:55
@misc{a5dfb6fe-6e19-4ec9-9c74-599eed5f89eb,
  abstract     = {<b>Abstract in Undetermined</b><br/><br>
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.},
  author       = {Bogojevic, Sanja},
  issn         = {1464-374X},
  keyword      = {miljörätt,EU-rätt,EU Law,environmental Law},
  language     = {eng},
  number       = {2},
  pages        = {345--356},
  publisher    = {Oxford University Press},
  series       = {Journal of Environmental Law},
  title        = {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},
  url          = {http://dx.doi.org/10.1093/jel/eqs013},
  volume       = {24},
  year         = {2012},
}