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Air Transport Association of America v. Secretary of State for Energy and Climate Change

Grand Chamber of the European Court of Justice

Case C-366/10 (2011)

Relevant factsFree

The EU's Aviation Directive extended its emissions trading scheme to any flight arriving at or departing from an EU airport, calculating emissions based on the entire flight distance, including portions over other countries and the high seas. U.S. airlines and the Air Transport Association (plaintiffs) challenged the Directive in U.K. court as violating international law's jurisdictional limits by regulating conduct outside EU airspace, and the case was referred to the European Court of Justice.

IssueFree

Whether, under customary international law, a nation may apply its laws to foreign actors engaging in activities within the nation's own territory.

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