Tag Archives: Countermeasures

25 March 2012

EU Aviation scheme as a countermeasure against other ICAO member states?

The New York Times recently reported that China, the United States and two dozen other countries are looking at coordinated countermeasures against Europe — including putting pressure on European airlines and other industries — if the EU tries to enforce the EU Aviation Directive, that requires airlines to pay for their greenhouse gas emissions.

Much has been said on the legality of the Aviation Directive. Joshua Melzer just published a good analysis of the Directive and its WTO compatibility in the Journal of International Economic Law. In the ATA case, the ECJ considered its compatibility with customary international law (more…)

19 February 2012

States consider countermeasures against Europe, after Europe responds to collective failure to reduce greenhouse emissions from aviation

The New York Times reports that China, the United States and two dozen other countries are looking at coordinated countermeasures against Europe — including putting pressure on European airlines and other industries — if Europe tries to enforce a law requiring airlines to pay for their greenhouse gas emissions.

The European measures are in part a response to the failure of the International Civil Aviation Organization (ICAO) to move quickly enough to establish standards and goals for greenhouse gases from aviation, as required under the Kyoto climate treaty 15 years ago. Article 2(2) of the Kyoto Protocol stipulates that Annex I parties ‘shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.’

Source: New York Times | Countries Seek Retaliation to Europe’s Carbon Tax on Airlines

8 November 2011

UNESCO Approves Palestinian Membership Bid: A Case for US Countermeasures Against the Organization?

Cross-posted from EJIL:Talk!

On 31 October 2011, the UN Educational, Scientific and Cultural Organizations (UNESCO) approved the bid of Palestine for full membership with the necessary two-thirds majority. Although 107 UNESCO States voted in favor of Palestinian membership, the approval also faced notable opposition by 14 States. The overall number of 173 votes cast included 52 abstentions. Among the States voting against the bid were the United States, Canada and several EU member States, including Germany and the Netherlands. While the diverging positions of EU member States thus reveals once again the lack of unanimity in EU external relations policy, the US disapproval of the Palestinian UNESCO membership may have more serious consequences at the level of US-UNESCO relations. For after the approval of Palestine’s membership bid, the US immediately announced that it would cut off its funds to UNESCO, which amount to 60 million USD annually. (more…)

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