항공배출물 감축을 위한 국제적 규제 방안에 관한 연구
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Legal Issues Concerning Directive 2008/101/EC and a Study on an International Approach to Reduce Aviation Emissions through the ICAO In 1997, the parties to the Kyoto Protocol agreed that greenhouse gas(GHG) emissions from international aviation should be 'limited' or 'reduced' by developed countries working through the International Civil Aviation Organization("ICAO"). After Kyoto, international efforts through ICAO to control carbon emissions from aviation("Aviation Emissions") have not yet led to any agreements on concrete action. In the face of failure within the ICAO to regulate Aviation Emissions, the EU issued the Directive 2008/101/EC(“Aviation Directive") on including aviation activities into the EU Emissions Trading Scheme("EU ETS") in 2008. Under the Directive, regardless of aircraft operator's nationality, all the operators departing and arriving from EU airports must purchase carbon emission allowances for their entire length of the flight as of January 1, 2012. Inclusion of intercontinental flights in the EU ETS unilaterally is strongly criticized by non-EU airlines and governments, including United States, China, Canada, Russia and Japan. Furthermore, the implementation of Aviation Directive to regulate Aviation Emissions raised the legal issues and could trigger trade wars between EU and non-EU states. In 2009, three major U.S. airlines and the Air Transport Association of America brought a legal action seeking to quash regulations that applied the Aviation Directive to non-EU states. The challengers contended that, in adopting the Directive, the EU had violated the provisions of the Chicago Convention, the Kyoto Protocol, the EU-U.S. “Open Skies” Agreement and several principles of customary international law. However, the European Court of Justice reasoned that it is valid to apply the Aviation Directive to non-EU states. On 12 November 2012, Connie Hedegaard, EU Commissioner for Climate Action, announced 'stop-the-clock' which temporarily suspended (for the period of only one year) the enforcement of the Aviation Directive in relation to flights between the European Economic Area ("EEA") and countries outside the EEA, conditioned on the realization of a global scheme based on market-based measure("Global MBMs") for Aviation Emissions at the 38th ICAO Assembly in 2013. The ICAO Assembly in Montreal concluded by agreeing to develop the "global MBM" to limit emissions from international aviation. The agreement calls for appropriate measures to be finalized at the next ICAO Assembly in 2016, and to be implemented by 2020. ICAO works with the Convention's 191 Signatory States and has made many efforts to develop regulations, such as international Standards and Recommended Practices (SARPs), which are then used by States when they develop their legally-binding national civil aviation regulations. Although ICAO's authority to regulate Aviation Emissions can be characterized as weak, ICAO should play a key role in regulating Aviation Emissions.