This forward-thinking book examines the role of differentiation in regulating international aviation emissions, from its origins in international law to its development through the climate treaties. The book also analyses the compatibility of differentiation with the non-discrimination principle of international aviation law, critically assessing what could constitute a fair or lawful distribution of efforts among states.
Through close review of the Carbon Offsetting and Reduction Scheme for International Aviation and the EU Emissions Trading System, Zhuoqi Ding demonstrates how differentiation has, and has not, been incorporated into decarbonising international aviation. Ding provides a multi-dimensional synthesis of aviation emissions regulation, spanning environmental and aviation forums, technical and market-based instruments, and international and national levels. Drawing on a combination of doctrinal and interpretative legal analysis, chapters present an up-to-date account of the judicial interpretation of differentiation in climate litigation, including recent advisory opinions of the International Tribunal for the Law of the Sea and the International Court of Justice.
Timely and comprehensive, this book is a vital resource for scholars and students of international aviation law and policy, environmental law, climate law and public international law. It will also greatly benefit lawyers and policymakers within these fields.
