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Great article! I thought the Court of Justice did a really thorough job in closing all the loop holes airline companies are trying to exploit. I also thought that applying the emissions cap to flights stopping in EU member state airports is a clear and fair enough standard.

Very interesting and informative article about the European Emissions Trading Scheme (EU ETS) and its relation to airline companies and aviation emissions, which recently were included into the overall trading scheme.

The author makes a detailed analysis of how legal disputes go up to the European Court of Justice (ECJ) and how the ECJ weighs the legal aspects of a case in order to determine if certain contested points are in compliance with European and international law, since the EU treaties state that international treaties have precedence over European law dispositions.

Therefore, the legal analysis from the initial claims of the aviation industry to the English High Court case and the subsequent preliminary ruling that was sought by the latter from the ECJ, the steps are documented in a precise and concise manner.

The only thing I would’ve liked to see more emphasis on the authors thoughts on whether this is a problem of international law or strictly a European matter. She could’ve included it maybe in the final conclusion, likely within the “Looking Forward” chapter.
This would’ve been a way to get some insights on how the author thinks about the inclusion of the aviation emissions into the EU ETS, beyond just the mere strict legal analysis. Given that the EU ETS and the problem it tries to address are highly political, this case included, a brief section with a discussion on some of doctrinal positions and opinion on this controversial topic.

Other than that, pure legal analysis was accurate and well structured.

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