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⁹ The Court delivered its decision on 21 December 2011.Google Scholar

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¹¹ The bill also instructed US officials to negotiate or take any action necessary to ensure US aviation operators are not penalized by any unilaterally imposed EU emissions trading scheme. Under the scheme, any flights into or out of an EU airport, regardless of how long that flight is in EU airspace, would be subject to the program's emissions cap and trade requirements. US airlines would be required to pay an emissions tax to the EU Member State to which they most frequently fly. The US Government also formally objected to the EU ETS.Google Scholar

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¹³ Chinese airlines were being reported to be refusing to pay EU carbon taxes. See Jonathan Watts, Chinese Airlines Refuse to Pay EU Carbon Tax, The Guardian, Jan. 4, 2012. Recently, the Chinese Air Transport Association was reported to be threatening the EU with counter-measures, such as impounding EU aircraft. See Alison Leung & Anurag Kotoky, China Ready to Impound EU Planes in CO2 Dispute, Reuters, June 12, 2012. At the time of writing, EU ETS was being discussed in US Senate hearings: Testimony for Senate Committee on Commerce, Science, and Transportation hearing on the European Union's Emissions Trading System, 112th Cong. (2012) (statement of Jos Delbeke, Director-General, DG Climate Action, European Commission), available at http://ec.europa.eu/clima/news/articles/news_2012060601_en.htm.Google Scholar

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²² Or foreign affairs, both terms are used here interchangeably. The terminology changes reflect contemporary scholarship; external relations pre-Lisbon are largely excluded from references to foreign policy, because as Thym states, the EU now explicitly acknowledges its engagement in foreign affairs itself. See Daniel Thym, Foreign Affairs, in Principles of European Constitutional Law, 309, 312 (Armin Von Bogdandy & Jürgen Bast eds., 2nd ed, 2009).Google Scholar

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³⁴ Id. at para. 128 (emphasis added). Note, however, that this does not apply to the Chicago Convention, which did not bind the European Union.Google Scholar

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³⁹ Which one can infer directly from its decision upholding the Directive simplicter, rejecting the suggestion that it was an extra-territorial application of EU law.Google Scholar

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⁵⁴ A Member State, the European Parliament, the Council or the Commission may obtain the Opinion of the Court of Justice.Google Scholar

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⁸⁷ The Union has set five ambitious objectives—on employment, innovation, education, social inclusion and climate/energy—to be reached by 2020. Each Member State has adopted its own national targets in each of these areas.Google Scholar

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