A critical analysis of the emissions trading regimes for the aviation sector

Abstract

First, the thesis gives an introduction of the concept of the Emissions Trading Scheme. Subsequently an examination of the historical developments of Emissions Trading will be examined. The Second Chapter shall then subsequently delve into all the legal regimes which could have an effect on the European Union Emissions Trading Scheme on Aviation. Also a reference is made to the original Emissions Trading Directive before it was amended by Directive 2008/101/EC. The Third Chapter will examine in detail the Emissions Trading Scheme on Aviation as established by Directive 2008/101/EC. Moreover a brief description of the transposition of this Directive into Maltese law will be addressed. In the Fourth Chapter an important Judgement will be scrutinized, as this judgement held the validity of the Emissions Trading Directive with respect to other International Agreements entered into by European Union or by its Member States. The Fifth Chapter will try to analyse other International Law not taken into consideration by the claimants in the judgement discussed in the previous Chapter. Finally this thesis will criticise the shortcomings that there could be in the Directive 2008/101/EC. It will attempt also to give an indication of what should be the future solution to the problem of excess greenhouse gases emission.