Beatriz Martinez Romera
JUR Center for virksomhedsansvar
Studiestræde 6, 1455 København K
Beatriz is currently doing a PhD on environmental law under Professor Peter Pagh's supervision. The research focusses on the inclusion of aviation and shipping transport emissions into global greenhouse gas emissions reduction targets
Project: The regulation of international aviation and international maritime transport greenhouse gas emissions.
Greenhouse gas emissions from international aviation and international maritime transport were excluded from the Kyoto Protocol targets in 1997. Combined, these sectors account for around 5% of the global total GHG emissions but they are growing faster than any other and it is expected that they will continue increasing exponentially.
Article 2.2 of the Kyoto protocol places the International Maritime Organization and the International Civil Aviation Organization as responsible for negotiating sector-specific regulations to reduce GHG emissions. However, both organizations have failed to agree on the adoption of meaningful measures, including market-based mechanisms.
Despite expectations the Conference of the Parties to the UN Climate Change Conference held in Copenhagen in December 2009 did not address uncertainties surrounding the treatment of emissions from international aviation and international maritime transport.
The EU’s progress with legislating the inclusion of aviation emissions into the EU Emissions Trading Scheme (EU-ETS), originally designed for industrial installations, (Directive 2008/101/EC amending Directive 2003/87/EC) and the announced inclusion of the maritime sector at a later date (Directive 2009/29/EC) has created legal and political challenges within the international community. The controversy around the inclusion of emissions for international aviation in the EU ETS has ended up in the Court of Justice of the EU and with an aftermath of commercial and diplomatic tensions. In 2012 a moratorium on the application of the aviation directive for third countries was passed by the EU in order to allow the progress of international negotiations in ICAO.
This research explores the legal and policy framework for the inclusion of international aviation and maritime transport emissions into global GHG reduction mechanisms. In order to answer this question, it is necessary to consider different regimes and areas of law. These often have differentinforming principles, conflicting objectives and gaps, resulting in a failure to address new problems. Therefore this research aims to understand if and how these conflicts can be reconciled for the common good of reducing GHG emissions in an attempt to mitigate global climate change.