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EU Law - Aviation Directive Flashcards

1
Q

% of greenhouse gas attributable to aviation

A

3%

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2
Q

Rising rate of greenhouse gas emissions attributable to aviation

A

3 - 4%

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3
Q

What does CBDR stand for

A

Common but differentiated responsibility and respective capability

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4
Q

What was the international agreement hat sought to combat climate change?

A

Kyoto Protocol

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5
Q

What does CBDR mean?

A

Developed countries should do more because contributing longer and greater economic resources to combat

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6
Q

Article 2(2) Kyoto Protocl

A

Annex I countries should pursue emission reductions from aviation and marine bunker fuels

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7
Q

What agreement delegated responsibillity to reduce greenhouse gas emissions to IAO and IMO?

A

Kyoto Protocl

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8
Q

What are Annex 1 countries?

A

Developed

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9
Q

Non-annex 1 countries

A

Developing

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10
Q

To what two organisations did the Kyoto Protocol delegate responsibility?

A

International Aviation Organisation and International Maritime Organisation

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11
Q

What does ICAO stand for?

A

International Civil Aviation Organisation

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12
Q

What did ICAO project after Kyoto?

A

2% reduction per year up to 2020 but then aspirational, and biofuel

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13
Q

What is an MBM?

A

Market-based mechanism

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14
Q

By what percentage had EU aviation emissions increased between 1990 and 2002/

A

+73%

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15
Q

What measure shows the first step of the EU with regard to aviation emissions?

A

Directive 2008/101

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16
Q

EU Aviation Directive original

A

Directive 2008/101

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17
Q

Directive 2008/101

A

EU Aviation Directive

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18
Q

What did Directive 2008/101 create?

A

Emissions market for greenhouse gas emissions

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19
Q

How many allowances were given free under Aviation D?

A

85%

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20
Q

How much of global aviation emissions did the EU A D cove?

A

1/3

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21
Q

What would happen to persistent non-compliers with EU A D?

A

Aircraft seize

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22
Q

What shows contract law acting as a governance function to ensure compliance with EU measures?

A

Aircraft leasing companies wrote in clauses requiring renter to comply with EU A D

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23
Q

Outline EU A D

A

Lading or taking off from EU; emissions across ENTIRE flight; have regard to country of origin

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24
Q

What was the territorial extension in EU A D?

A

Covered all emissions emitted across ENTIRE flight

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25
How are allowances calculated under EU A D?
Free allowances based on historic emissions levels - discrimination against developing?
26
Name at least two threats made against EU once implications of EU A D realised?
Take EU to WTO; refuse to negotiate bilaterally, economic sanctions, EU emissions trading scheme prohibition act 2011 etc.
27
EU emissions trading scheme prohibition act 2011 general
US 'blocking statute'
28
EU emissions trading scheme prohibition act 2011 said what of EU A D?
It was extraterritorial, unilateral and directly infringe on US sovereignty
29
Section 2 EU emissions trading scheme prohibition act 2011
Secretary of Transport needs to prohibit compliance IF against public interest
30
Section 3 EU emissions trading scheme prohibition act 2011
Enforces use of authority for international negotiation to achieve a worldwide approach
31
What party originally proposed a much stricter version of EU emissions trading scheme prohibition act 2011?
Republicans
32
EU Decision 377/2013
Stop the clock
33
Stock the clock
EU Decision 377/2013
34
EU Decision 377/2013 outline
One year stop for intercontinental flights, derogating to facilitate ICAO agreement
35
What were the EU waiting for ICAO to do?
Develop a global market-based measure
36
ICAO Assembly Resolution 2013
Agreed to recommend ICAO Assembly in 2016 on global MBM to implement by 2020
37
Agreed to recommend ICAO Assembly in 2016 on global MBM to implement by 2020
ICAO Assembly Resolution 2013
38
In what session was the ICAO Assembly Resolution 2013?
38th session of the ICAO
39
What measure shows the original proposed third stage of EU action?
EU 'Regional Airspace' Proposal Com(2013) 722
40
EU 'Regional Airspace' Proposal Com(2013) 722 outline
Include all emissions in EU airspace, and all flights
41
What approach is found in the EU 'Regional Airspace' Proposal Com(2013) 722?
Strictly territorial
42
What measure shows the ACTUAL third stage of EU action?
Regulation 421/2014
43
Regulation 421/2014
Only EU internal flights, with view to resist in 2016
44
What happens if ICAO make no progress at the 39th Assembly, according to Regulation 421/2014?
Stop the Clock ends and revert to full scope
45
What case challenged the legality of EU A D?
Air Transport Association of America case
46
In light of what two instruments did the Air Transport Association of America case try to argue EU A D invalid?
Customary international law and international treaties
47
What three conditions did the CJEU set down before an international agreement can cause EU 2ndary legislation to be invalid?
EU bound by agreement, agreement's nature and logic doesn't preclude examining EU law in light of it (e.g. not WTO) and provisions are unconditional and sufficiently precise
48
What three international treaties were referred to in particular in Air Transport Association of America?
Chicago Convention on Civil Aviation; Kyoto Protocl; Open Skies Agreement
49
What Convention founded ICAO?
Chicago Convention
50
Why was the Chicago Convention not binding on EU?
EU not a party and Article 1 allows States to regulate airspace and landing aircraft
51
Why was the Kyoto Protocol not binding on EU?
NNot sufficiently precise or unconditional
52
Why was the Open Skies Agreement irrelevant?
Not a tax on aviation fuel because no link between volume of fuel and amount payable, and no discrimination
53
What Agreement applied in principle in Air Transport?
Open Skies Agreement
54
What was the main principle of customary international law relied upon in Air Transport?
Freedom of flight over high seas
55
Article 3(5) TEU
EU bound to observe entirety of international law
56
What measure shows EU bound to observe entirety of international law, and thus customary international law valid?
Article 3(5) TEU
57
Why was there no breach of customary international law in Air Transport?
Unlimited jurisdiction within territory when trying to regulate outside behaviour having internal effects (e.g. effects-based jurisdiction).
58
What case did the CJEU refer to in particular to show no breach of customary international law?
Poulson v Diva
59
Poulson v Diva general
Fish on high seas
60
Fish on high seas
Poulson v Diva
61
Poulson v Diva judgment
Surrender fish if within EU ports, but not controlling them in carrying out fishing in the first place
62
Three ways EU action can be seen as reasonable
Effects-based, action-forcing and only CONTINGENT unilateralist
63
Two reasons EU action was unreasonable
Unilateral and didn't take CBDR seriously
64
What two sources show EU is only a contingent unilateralist?
Schrems; Directive on Over the Counter Derivatives
65
Directive on Over the Counter Derivatives on contingent unilateralist
Declare 3rd measures equivalent to EU, effectively applied and enforced
66
Why allow Com to declare 3rd measures are equivalent in Directive on Over the Counter Derivatives?
Avoids conflict, duplication and encourages negotiation between EU and 3rd
67
What measure showed the EU starting to take CBDR seriously?
Proposal Com(2013) 722 - proposed 3rd stage
68
What were the specific provisions in Proposal Com(2013) 722 showing EU starting to take CBDR seriously?
Exempt developing countries unless big aviation emitter (responsible for more than 1% total emissions)
69
According to Sandbag, how many airlines and operators complied with StC?
89%
70
What percentage of global aviation emissions did StC control?
11%
71
What company does Sandbag think may have even profited from EU A D?
Ryanair
72
What two areas were still excluded after Paris Climate Change Agreement?
Shipping and aviation
73
What distinction was removed in Paris Climate Change Agreement?
Annex 1/non-Annex 1 distinction
74
What was adopted in Paris Climate Change Agreement instead of Annex 1 classification?
CDBR 'in light of different national circumstances'
75
Main issue with Paris Climate Change Agreement
'Bottom-up' approach - nationally determined commitments needed which, when added up, may be inisignificant still
76
Name a few suggestions of Sandbag for future legislation?
Control EU airspace AT A BARE MINIMUM, reinstate full scope ASAP, phase out free allocation, impose fines on non-compliers and require Member commitment to spent ETS revenue on climate mitigation
77
Lindenthal
Hard power is counterproductive to directional leadership - EU's unilateralism led to trade conflict and removal of provision concerning geographical scope of aviation D to international emissions
78
What two things does Lindenthal believe EU's unilateralism led to?
Trade conflict and removal of provision concerning geographical scope of aviation D to international emissions

Law Second Year (62 decks)

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