Summary The decision of the EU to apply the European Union Emissions Trading System (EU ETS) to aviation has already raised substantial controversy. Several airlines have – unsuccessfully - pursued proceedings against the legislation at the European Court of Justice, and a group of almost 30 nations has been working together to develop a strategy to counter Brussels’ plan, with some governments having already prohibited their airlines from complying with the EU scheme. This paper provides an assessment of the inclusion of aviation in the EU ETS in the context of WTO law. In order to put this legal analysis in the context of a broader political and strategic landscape, this paper includes a commentary written by Professor Robert Howse of the New York University School of Law.
Written by Lorand Bartels