Monthly archive January, 2015

Unilateral extraterritorial action or ‘minilateralism’ within territorial jurisdiction? The EU Emissions Trading Scheme for aviation emissions and international law

1. Introduction For the battle against dangerous anthropogenic climate change, the rapid growth of global aviation emissions is a considerable challenge. While the share of aviation emissions of global total emission is modest, the growth projections for greenhouse gas emissions in this sector are remarkable. These scenarios are at odds with the recent report by...

Unilateralism in international law: Implications of the inclusion of emissions from aviation in the EU ETS

1. Introduction The 1997 Kyoto Protocol deferred negotiations on emissions from aviation to the International Civil Aviation Organization (ICAO).[1] Also within this specialised body, agreement on how to deal with emissions from aviation has been difficult to reach.[2] Frustrated by the lack of progress, the European Union (EU) decided to act unilaterally to reduce emission...

The inclusion of emissions from aviation in the EU ETS: unilateralism vs multilateralism in international environmental governance

Introduced by Elena Carpanelli, Annalisa Savaresi and Francesco Sindico When drafting the Kyoto Protocol, Parties to the UN Framework Convention on Climate Change deferred the issue of emissions from aviation to the International Civil Aviation Organisation (ICAO), a specialised UN agency with global responsibility for various aspects of international civil aviation. Over the years, the...

Decision no. 238/2014 of the Constitutional Court: Between undue fiction and respect for constitutional principles

Decision no 238/2014 of the Italian Constitutional Court raises a vast array of both international and constitutional law issues: to begin with, how Article 10, para. 1[1], of the Italian Constitution has been interpreted and, secondly, whether the Court struck the right balance between Article 10 and Article 24[2] and its interaction with Article 2[3]....