Abstract
Seven years ago, The Fourth Assessment report produced by the Inter-Governmental Panel on Climate Change (IPCC) released in 2007 bore strong evidence of continuing global warming.
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Notes
- 1.
The IPCC is a scientific intergovernmental body set up by the World Meteorological Organization (WMO) and by the United Nations Environment Programme (UNEP). The IPCC was established to provide the decision-makers and others interested in climate change with an objective source of information about climate change. The IPCC does not conduct any research nor does it monitor climate related data or parameters. Its role is to assess on a comprehensive, objective, open and transparent basis the latest scientific, technical and socio-economic literature produced worldwide relevant to the understanding of the risk of human-induced climate change, its observed and projected impacts and options for adaptation and mitigation. IPCC reports should be neutral with respect to policy, although they need to deal objectively with policy relevant scientific, technical and socio economic factors. They should be of high scientific and technical standards, and aim to reflect a range of views, expertise and wide geographical coverage.
- 2.
Climate Change 2007: Synthesis Report, an Assessment of the Inter-Governmental Panel on Climate Change topic 1 at 30.
- 3.
Id. 31. The IPCC also states that global atmospheric concentrations of CO2, CH4 and N2O have increased markedly as a result of human activities since 1750 and now far exceed pre-industrial values determined from ice cores spanning many thousands of years. The atmospheric concentrations of CO2 and CH4 in 2005 exceed by far the natural range over the last 650,000 years. Global increases in CO2 concentrations are due primarily to fossil fuel use, with land-use change providing another significant but smaller contribution. The Report further states that it is very likely that the observed increase in CH4 concentration is predominantly due to agriculture and fossil fuel use. The increase in N2O concentration is primarily due to agriculture. Id. Topic 2 at 37.
- 4.
Carbon dioxide, methane, nitrous oxide, hydro fluorocarbons, per fluorocarbons and sulphur hexafluoride.
- 5.
Anita Rodick, Travel That Doesn’t Cost the Earth, Independent, 20 September 2005.
- 6.
Virgin’s Branson Tackles Emissions, Forms Fuel Company, Aviation Daily, Thursday, September 28, 2006 at 1.
- 7.
Virgin Territory, Richard Branson’s Move to cut Greenhouse Gas Emissions, The Economist, September 30th 2006, 65. This concern is apparently justified as carbon emissions from airlines rose approximately by 12 % in 2004, as reported by the environmental campaign group, Friends of the Earth. Ibid.
- 8.
Aviation Daily, supra, note 6, at 1.
- 9.
Aircraft fuel efficiency has improved by some 50 % over the past 30 years through advances in engine and airframe technology. See IATA/ATAG Aviation and Environment Brochure, (1997) at 7.
- 10.
It must be noted that steady progress has since been made. Aircraft entering today’s fleets are 70 % more fuel efficient than they were four decades ago. Carbon Monoxide emissions have been simultaneously reduced by unburned hydrocarbons and smoke has been cut by 90 %. see http://www.atag.org/content/showfacts.asp?folderid=430&levell=2&level2=430&.
- 11.
This compares well with British Airways figure of 27 % improvement in fuel efficiency between 1990 and 2005. See http://www.ryanair.com/site/EN/about.php?page=About&sec=environment. Also, British Airways Annual Report 2006.
- 12.
Robert A Searles, Maintaining for Fuel Efficiency, Overhaul and Maintenance, October 2006, at 32.
- 13.
Ibid.
- 14.
Quieter, Cleaner airplane Landings on the Way, MIT News January 13 2005at http://web.mit.edu/newsoffice/2005/noise.html.
- 15.
AlokJha, On a Wing and a Whisper: The airliner to End Runway Noise, The Guardian, Tuesday November 7 2006 at 4.
- 16.
It must be borne in mind that this is a conceptual design and there are many technological barriers that need to be overcome to introduce these technologies into commercial use. Experts at Cambridge University have outlined challenges such as developing the strong composite materials needed to produce the oval-shaped hull and improving modern jet engines to work with the SAX-40 design. However, these challenges can be overcome and work is progressing within the Silent Aircraft Initiative.
- 17.
Air Travel, Greener by Design, the Challenge, see http://www.foresight.gov.uk/Previous_Rounds/Foresight_1999__2002/Defence_Aerospace_and_Systems/Reports/Air%20Travel%20Challenge/The_Challenge.pdf.
- 18.
- 19.
Ibid.
- 20.
Annual Report of the Council, 2005 Appendix 13 p. A-98.
- 21.
Id., at 12.
- 22.
Monbiot, See References at the end of the chapter, at 174.
- 23.
Department of Transport, White Paper: The Future of Air Transport December 2003 at p/23.
- 24.
Aviation and the Global Atmosphere, Intergovernmental Panel on Climate Change (WMO, UNEP), A Special Report of IPCC Working Groups 1 and II, Cambridge University Press: Cambridge, 1999.
- 25.
Id. at 21.
- 26.
Report of the Committee on Aviation Environmental Protection, Eighth Meting, Montreal, 1–12 February 2010, ICAO Doc 9938, CAEP/8 at 1–38.
- 27.
Climate Change Outlook—ICAO Environmental Report 2010, Montreal: 2010 at 31.
- 28.
Climate Change 2007…, supra, note 2 at 37.
- 29.
The Declaration called on the EU and its member states to exclude non-EU carriers from the EU ETS was endorsed by the ICAO Council in November 2011. All 26 states are members of the 36-strong Council, leaving eight EU states to oppose the adoption and two abstentions—Australia and Canada. It was made clear during the meeting that the adoption of the Declaration had no legally binding effect on any member state or the Council but it will serve as another political reminder of the strong opposition to Europe’s climate reduction policy on aviation emissions. There were calls during the meeting for re-engagement and accelerated action by ICAO towards a global agreement on market-based measures for emissions mitigation.
- 30.
US stiffens opposition to European carbon emissions ruling, Airletter, Thursday 07 June, No. 17,498 at p. 2.
- 31.
Lawmakers to Urge Action on Article 84 Complaint to Challenge ETS, Aviation Daily, March 29 2012 p. 1. Article 84 of the Chicago Convention provides: “If any disagreement between two or more contracting States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to the Council within 60 days of receipt of notification of the decision of the Council”. See Convention on International Civil Aviation, signed in Chicago on 7 December 1944. ICAO Doc 7300/8 8th Edition: 2006. Supra, 6.
- 32.
- 33.
Consolidated statement of continuing ICAO policies and practices related to environmental protection, Assembly Resolutions in Force (As of 28 September 2007), ICAO Doc 9902, 1–54 to 1–74.
- 34.
Id, Appendix A, at 1–55.
- 35.
Id. Appendix L, at 1–73.
- 36.
Striving Toward Meaningful Solutions, an Interview with Mr. Daniel Calleja, ICAO Journal, Issue 04, 2008 14–15 at 15.
- 37.
Ibid.
- 38.
A World of Difference—Solutions to the European Union Emissions Trading Controversy…Airlines International, Issue 38 June (IATA) AGM 2012 at 62.
- 39.
For a discussion on NextGen and SESAR, see (Abeyratne 2012c).
- 40.
- 41.
Market-Based Instruments for International Aviation and Shipping as a Source of Climate Finance, Background Paper for the Report to the G20 on—Mobilizing Sources of Climate Finance, http://www.imf.org/external/np/g20/pdf/110411a.pdf at p.
- 42.
Id. p. 5.
References
Abeyratne R (2011) Aviation and the carbon trade. Nova Science Publishers, New York
Abeyratne R (2012a) Aeronomics and law—fixing anomalies. Springer, Heidelberg (Chapter Two)
Abeyratne R (2012b) Strategic issues in air transport—legal, economic and technical issues. Springer, Heidelberg, pp 279–318
Abeyratne R (2012c) Air navigation law. Springer, Heidelberg, pp 221–228
Hubbert MK (1949) Energy from fossil fuels. Science 109:103
Monbiot G (2006) Heat: how to stop the planet from burning. Doubleday, Canada (at Introduction p. xvii)
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Abeyratne, R. (2014). Market Based Measures. In: Aviation and Climate Change. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-08443-5_3
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