The challenge of finding a legal vehicle to enforce compliance with a global aviation emissions scheme
By agreeing to develop a global market-based mechanism (MBM) for international civil aviation, ICAO’s 38th Assembly has set the expectation that such a scheme will be adopted in 2016 and that it will be operational by 2020. ICAO has already carried out a considerable amount of technical work, yet significantly less attention has been paid to the legal vehicle through which the scheme would be implemented. Although experts have identified standards, Assembly resolutions and international conventions as possible options, very little analysis has been undertaken. It is clear the final selection will depend on a number of technical and political considerations, writes Alejandro Piera.
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