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39 Ecology L. Currents 1 (2012)

handle is hein.journals/ecolwcur39 and id is 1 raw text is: Aviation and Emissions Trading in the
European Union: Pie in the Sky or
Compatible with International Law?
Stephanie Switzer
In 2003, the then European Communityl adopted Directive 2003/87/EC,
establishing a scheme for trading allowances of greenhouse gas (GHG)
emissions.2 Directive 2003/87/EC mandated the establishment of an emissions
trading scheme (ETS) within the European Community to promote reductions
of greenhouse gas emissions in a cost-effective and economically efficient
manner.3 The preamble to Directive 2003/87/EC states that the establishment
of such a scheme would contribute to the achievement of the European
Community's and its Member States' commitments under the Kyoto Protocol.4
In this regard, the Protocol is a mechanism enacted by the United Nations
Framework Convention on Climate Change5 to promote reductions in
emissions associated with climate change. The Protocol entered into force in
2005 and requires participating Annex 1 countries-in effect, developed
Copyright C 2012 by Stephanie Switzer.
Lecturer in Law, University of Dundee, Scotland, United Kingdom. The author would like to
thank those involved in the editing process for their help with this Article. Any errors are the author's
1. See Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the
European Community, Dec. 13, 2007, 2007 O.J. (C 306) 1, available at http://eur-lex.europa.eu/
LexUriServ/LexUriServ.do?uri=OJ:C:2007:306:0001:0010:EN:PDF (European Community existed as a
legal entity until the Treaty of Lisbon was entered into force); see also Consolidated Version of The
Treaty on European Union, May 9, 2008, 2008 O.J. (C 115) 13, available at http://eur-lex.europa.eu/
LexUriServ/LexUriSery.do?uri=OJ:C:2008:115:0013:0045:EN:PDF  [hereinafter  The  Treaty  on
European Union]. The Treaty of Lisbon, inter alia, amended the Treaty on European Union. Article 1 of
the [current] Treaty on European Union directs that, The Union shall replace and succeed the European
Community . . . . Id.
2. See Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003
establishing a scheme for greenhouse gas emission allowance trading within the Community and
amending Council Directive, 2003 O.J. (L 275), available at http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=CELEX:32003LOO87:EN:HTML [hereinafter Directive 2003/87/EC].
3. Id.
4. See Kyoto Protocol to the United Nations Framework Convention on Climate Change, U.N.
Doc. FCCC/CP/1997/7/Add.1; 37 1.L.M. 22 (Dec. 10, 1997), available at http://unfccc.int/resource/
docs/convkp/kpeng.pdf [hereinafter Kyoto Protocol].
5. See generally U.N. Framework Convention on Climate Change, Mar. 24, 1994, 2303 U.N.T.S.
148, available at http://unfccc.int/essential-background/convention/background/items/1349.php.


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