The ECJ’s Judgment in Air Transport Association of America and the International Legal Context of the EU’s Climate Change Policy

Abstract

The present article discusses the international legal context of the EU's emissions trading scheme in the light of the judgment of the Court of Justice of the EU in Air Transport Association of America. After ascertaining the effect in the EU legal order of the relevant international norms invoked in that case, the focus of the present article lies on the discussion of the substantive issues that arise when reviewing the scope of Directive 2008/101 in light of the applicable norms. The article assesses the legality under customary international law of the jurisdictional assertions of the EU as upheld by the Court of Justice, reviews the EU measures in light of the law of the World Trade Organization, and compares those measures with similar EU environmental measures in the field of fisheries regulation and maritime transport.