Universiteit Leiden

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Dissertation

A Corrective Approach to Reduce Aircraft Greenhouse Gas Emissions

On Thursday 16 November 2017 Thomas Leclerc defended his PhD Dissertation ‘A Corrective Approach to Reduce Aircraft Greenhouse Gas Emissions. Contribution to the Study of Interactions between Legal Orders of International Law’. The Supervisors are Professor P. Mendes de Leon and Professor L. Grard.

Author
Thomas Leclerc
Date
16 November 2017
Links
News item PhD defence Thomas Leclerc

This PhD research defends the underestimated relevance of the ongoing distinction between the legal regimes of air navigation and international air transport. For some cases of tension between climate law principles and substantive specificities of the Chicago regime, applying this distinction would avoid the use of evolutionary interpretation. For other cases of tension linked to the institutional specificities of the Chicago regime, the use of evolutionary interpretation remains necessary. But even in this situation, an analysis of such specificities in the light of the distinction leads to the conclusion that it is possible to adapt the Chicago regime without amendment to its founding charter.

All in all, a rigorous application of the distinction between the legal regimes of air navigation and international air transport, combined with an adequate classification of the preferred corrective measure – the market-based measure – in light of this distinction, is a key process in the search for a global and corrective solution to the impact of international civil aviation on climate change. Recognizing the role that this distinction plays is a key step in restoring legal certainty and ensuring the sustainable development of international aviation activities.