Thursday, November 3, 2011

ICAO Takes Sides But Impasse Remains

Yesterday, a majority of the ICAO governing council agreed to adopt a resolution put forth by non-EU states calling on the EU to address aviation emissions through ICAO rather than unilaterally. The paper itself has not yet been made available, but by all accounts the details are of little consequence. The resolution is non-binding and EU representatives have already indicated that their position on including non-EU carriers in the ETS has not changed. See Ewa Krukowska, UN Body Urges Europe to Omit Foreign Airlines From CO2 Curbs, Bloomberg, Nov. 3, 2011 (available here). Ultimately, yesterday's decision was yet another minor political step on the path to a resolution. Now that ICAO has weighed in, it will be interesting to see if the ETS opponents begin a formal disagreement proceeding with ICAO as specified in Article 84 of the Chicago Convention, or if both sides bypass ICAO and begin threatening trade sanctions.

http://lawprofessors.typepad.com/aviation/2011/11/icao-takes-sides-but-impasse-remains.html

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