New Kyoto Debate Could Spark Political Compromise, Says Environment Attorney | Aviation International News

Regulations and Government

New Kyoto Debate Could Spark Political Compromise, Says Environment Attorney

The most likely solution to the battle over ETS lies in political compromise

By Charles Alcock • Managing Editor

November 2, 2011

The most likely solution to the battle over ETS lies in political compromise, according to Mehran Massih, counsel and head of the London-based environment practice at international law firm Shearman & Sterling. He views the European Court of Justice (ECJ) advocate general’s preliminary legal opinion as a wholesale rejection of the Air Transport Association case. In about 90 percent of cases, the final ECJ judgment supports the preliminary opinion.

Massih pointed out that there is clear legal precedent for states to impose regulations on moving vessels coming into their territory. For example, the U.S. government itself regulates pollution from ships that started their voyages outside its waters.

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