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Greenhouse Gas Emissions from International Aviation: Legal and Policy Challenges

Publisher’s synopsis:

While the aviation sector has introduced a number of technological and operational measures to curb its greenhouse gas emissions, these will not offset the emissions expected from its projected growth. This book examines the legal framework underlying the international aviation and climate change discourse. It analyses the suitability of the International Civil Aviation Organization’s (ICAO) institutional setting to address climate change and provides a critical assessment of the European Union Emission Trading Scheme. Finally, the author makes several recommendations to facilitate the adoption, implementation and, ultimately, compliance with ICAO’s global market-based measure scheme to limit greenhouse gas emissions from international aviation.

About the author: 

Alejandro Piera is a founding partner at the Asuncion, Paraguay-based law firm of Guanes, Heisecke & Piera Abogados. He specializes in international, corporate, insurance, environmental and transportation laws. He served as Permanent Advisor to the Diplomatic Mission of the United Arab Emirates (UAE) on the ICAO Council in Montreal. Alejandro was also rapporteur and Vice-Chair of ICAO’s Legal Committee. Prior to joining the UAE Delegation, Alejandro was a Senior Legal Counsel of IATA. He holds PhD and LLM degrees from McGill University, and a law degree from the National University of Asuncion.

Book Reviews

Prof. Mendes De Leon reviews book by Alejandro Piera

•  Dr. Pablo Mendes de Leon, Director of the International Institute of Air and Space Law of a Leiden University (Netherlands)has written a review of Alejandro Piera’s book “Greenhouse Gas Emissions from International Aviation: Legal and Policy Challenges.”
  According to Mendes de Leon, Piera’s book constitutes an “in-depth study that will serve policy makers, lawyers, academics, experts of environmental and aviation problems, and especially those who are preparing themselves for the General Assembly in which this subject has a high priority on the agenda, in a very stimulating and transparent manner. His proposals are constructive and his writing style is eloquent. The study is excellently documented, as it includes a useful list of abbreviations, meticulously presented footnotes, and an impressive bibliography. The book is a must for all of the persons mentioned above. Its value lies in its multifaceted and intellectually stimulating way of addressing the complex questions raised in it.” 
  For a full review of the article click here. 

Korea’s Prof. Jae Woon Lee analyzes GHP Partner’s book

• Prof.  Dr. Jae Woon Lee has written an interesting review of Alejandro Piera’s book titled “Greenhouse Gas Emission from International Aviation: Legal and Policy Challenges.” The review was published in the Cambridge Journal of International Law.
  According to Prof. Dr. Lee, Piera’s book “is relevant both for those who want to study the climate change discussion from an aviation law and policy perspective, and for those who want to be informed about aviation sector-specific discussion from a climate change law perspective. Alejandro Piera achieved this daunting task marvellously and has indeed satisfied the needs of both groups.”
  For a full review of the article, click here.

McGill’s Dr. Tanveer Ahmad reviews Alejandro Piera’s book 

• In his review, Dr. Ahmad writes “negotiations under the auspices of ICAO have been continuing for more than a decade without minimal (or no) success. In such a circumstance, the following crucial question arises: what are the legal and policy challenges to reduce GHG emissions from international civil aviation that are hindering progress in the aviation sector? Dr. Alejandro Piera’s masterpiece, titled Greenhouse Gas Emissions from International Aviation: Legal and Policy Challenges, addresses this vital question. This is a timely initiative since ICAO contracting States are now seriously considering the issue of GHG emissions from aviation, particularly the design of a global market-based measure for international civil aviation, and the persons and organizations involved in this process will certainly be benefited from the valuable insights offered and knowledge generated in this book. Dr. Piera’s book has extensively examined different aspects of the legal framework underlying the international civil aviation and climate change discourse in order to provide a number of recommendations that, if accepted, may facilitate the adoption and implementation of ICAO’s global market-based measure to reduce GHG emissions from international civil aviation. To appropriately examine these aspects, the book has assessed ICAO’s relationship with the global climate change regime composed of the UNFCCC and the Kyoto Protocol, the mandate provided to ICAO by the Kyoto Protocol to reduce GHG emissions from aviation, and the interplay between the core principles of the climate change regime (e.g., the principle of common but differentiated responsibility and respective capabilities) and those of the international civil aviation regime (e.g., the principles of non-discrimination and equality of opportunities). Furthermore, the book has explored ICAO’s institutional setting and its suitability for dealing with the issue of climate change; has analyzed the EU ETS, the schemes influence on the climate change discourse and the related legal issues; has evaluated the role of the major players engaged in the climate change discourse by resorting to the theory of norm entrepreneurship; and, has underscored issues that deserve careful consideration while designing a global market-based measure for international civil aviation. It can be observed from the above review that this excellent book addresses almost all issues of significant relevance to climate change discourse in international civil aviation. When States are struggling to reach a feasible and effective solution to limit or reduce GHG emissions from international civil aviation that contribute to climate change, this book provides some guidelines that can be used to achieve that objective. Most importantly, this book’s discussion on a global market-based measure for international civil aviation can provide a useful guidance to actors, especially States, who are currently dealing with the development of such a measure. The next session, i.e. 39th session, of the ICAO Assembly, scheduled to be held at the end of 2016, should witness extensive use of this book among the policymakers, since, according to Assembly Resolution A38-18, the ICAO Council will report the results of the work concerning global market-based measure(s) for international civil aviation for decision by the 39th session of the Assembly. To end, I would like to quote from the preface written by Professor Dr. Michael Milde, a highly regarded authority on air and space law:
  Alejandro made an audacious and innovative step in analyzing the problem and seeking the “truth” in particular solutions. Many will still keep asking “what is truth”? There is probably a long way to go to reach a practical solution. Confucius is recorded as having said that “a journey of 1000 miles begins with one step…” Alejandro Piera has made several thousands of steps on this road.”
  To read the full review of the book, please click here