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A Sectoral Application of the Polluter Pays Principle: Lessons Learned from the Aviation Sector

A Sectoral Application of the Polluter Pays Principle: Lessons Learned from the Aviation Sector The search for a global market-based measure to reduce greenhouse gas emissions from international civil aviation has faced legal obstacles. One of these is linked to the basis of such a measure: the polluter pays principle. The application of the principle in the aviation legal regime has resulted in a conflict of norms. As a solution, the International Civil Aviation Organization, in 2016, adopted a market-based measure in the form of the Carbon Offsetting and Reduction Scheme for International Aviation (corsia). This article will address the following two questions: By adopting corsia, and by negotiating its implementation, has icao produced a successful integration of the polluter pays principle in a sectoral legal regime of norms and institutions? If yes, could icao’s success provide arguments for a sectoral application of the polluter pays principle more broadly in public international law? http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Climate Law Brill

A Sectoral Application of the Polluter Pays Principle: Lessons Learned from the Aviation Sector

Climate Law , Volume 9 (4): 23 – Dec 11, 2019

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1878-6553
eISSN
1878-6561
DOI
10.1163/18786561-00904002
Publisher site
See Article on Publisher Site

Abstract

The search for a global market-based measure to reduce greenhouse gas emissions from international civil aviation has faced legal obstacles. One of these is linked to the basis of such a measure: the polluter pays principle. The application of the principle in the aviation legal regime has resulted in a conflict of norms. As a solution, the International Civil Aviation Organization, in 2016, adopted a market-based measure in the form of the Carbon Offsetting and Reduction Scheme for International Aviation (corsia). This article will address the following two questions: By adopting corsia, and by negotiating its implementation, has icao produced a successful integration of the polluter pays principle in a sectoral legal regime of norms and institutions? If yes, could icao’s success provide arguments for a sectoral application of the polluter pays principle more broadly in public international law?

Journal

Climate LawBrill

Published: Dec 11, 2019

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