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European Advocate General Finds that EU Carbon Tax on Airline GHG Emissions Comports with International Law (October 5, 2011)

posted Oct 11, 2011, 5:38 AM by James Hodina
The advocate general of the European Court of Justice issued an opinion stating that the European Union's (EU) plan to impose carbon emissions caps on international airlines is not in conflict with international law. The EU program is scheduled to go into effect on January 1, 2012, and requires all airlines flying into or out of the EU to obtain allowances for their carbon emissions. The Air Transport Association of
America and others challenged the program as being contrary to customary international law and various treaties, including the Convention on International Civil Aviation and the Open Skies Agreement between the EU and the U.S. The advocate general’s opinion is non-binding; the European Court of Justice is expected to rule on the case early in 2012. [For further information: