Capt. Somesh Babu Maddula
Ph.D. scholar, Sandip University.
The aviation industry, a linchpin of global connectivity, has been under the scanner for its environmental footprint. As the world grapples with the exigencies of climate change, industries across the board are being evaluated for their adherence to environmental principles. One such principle, central to environmental law, is the "Polluter Pays Principle" (PPP). This article delves into the alignment of the aviation industry with the PPP, examining the legal frameworks and industry practices that underscore this relationship.
Introduction to the Polluter Pays Principle
The PPP is a cornerstone of environmental law, advocating that those who produce pollution should bear the costs of managing it to prevent damage to the environment or human health.[1] Rooted in the principle of responsibility, it aims to internalize the external costs of pollution, ensuring that industries account for the full environmental costs of their operations.
Aviation's Environmental Footprint
The aviation industry contributes to approximately 2-3% of global carbon dioxide emissions.[2] While this might seem minuscule in the grand scheme, the industry's rapid growth, coupled with the high-altitude release of emissions, amplifies its environmental impact. Nitrogen oxides released by aircraft at cruising altitudes result in ozone formation, a potent greenhouse gas. Contrails and cirrus cloud formation further exacerbate the warming effect.[3]
Legal Frameworks Aligning Aviation with PPP
Several international agreements and conventions have sought to align the aviation industry with the PPP:
The Chicago Convention (1944): While primarily focused on the safety and order of international aviation, it laid the groundwork for states to adopt measures ensuring environmental protection.[4]
The Kyoto Protocol (1997): Recognized the role of the International Civil Aviation Organization (ICAO) in addressing greenhouse gas emissions from aviation.[5] The ICAO has since adopted numerous standards and practices to reduce the industry's environmental impact.
The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (2016): A global market-based measure adopted by the ICAO, CORSIA aims to stabilize CO2 emissions at 2020 levels by requiring airlines to offset the growth in their emissions post-2020.[6]
Industry Initiatives in Line with PPP
Fuel Efficiency: Airlines have invested in newer, fuel-efficient aircraft and have adopted operational practices like continuous descent operations and optimized flight paths to reduce fuel consumption.[7]
Alternative Fuels: Investment in sustainable aviation fuels (SAF) derived from non-petroleum sources is on the rise.[8] SAFs have the potential to reduce the carbon footprint of aviation fuel by up to 80%.
Emissions Trading: Several airlines participate in emissions trading schemes, buying and selling emission allowances, and incentivizing emissions reduction.[9]
Green Financing: Green bonds and loans are increasingly being used to finance environmentally beneficial projects in the aviation sector.[10]
Aviation Waste Management: Rules and Regulations
The aviation industry, while primarily recognized for its carbon emissions, also generates significant waste, ranging from single-use plastics to hazardous materials. Effective waste management is crucial to minimize the environmental impact of this waste.
International Guidelines on Aviation Waste The International Civil Aviation Organization (ICAO) plays a pivotal role in setting standards for aviation waste management. While not exclusively focused on waste, the ICAO's Environmental Protection Annexes provide guidelines on environmentally sound practices, including waste disposal.[11]
The Chicago Convention and Waste Management The Chicago Convention, while primarily addressing the safety and order of international aviation, also implicitly underscores the importance of environmental protection. Article 24 of the Convention mandates that aircraft flying to foreign territories adhere to the regulations relating to the disposal of waste at airports.[12]
European Union's Waste Management Directives The European Union (EU) has been at the forefront of establishing stringent waste management rules for its member states. The EU's Waste Framework Directive sets the basic concepts and definitions related to waste management, including the PPP. While not exclusive to aviation, the directive's principles apply to waste generated at EU airports.[13]
U.S. Federal Aviation Administration (FAA) Regulations In the United States, the FAA has regulations that pertain to the disposal of hazardous waste from aircraft maintenance, repair, and operations. The Resource Conservation and Recovery Act (RCRA) governs the disposal of such waste, ensuring that it does not harm the environment or public health. [14]
Sustainable Waste Management Initiatives Beyond regulatory frameworks, the aviation industry has taken proactive measures to manage waste sustainably: - Recycling Programs: Many airports globally have introduced recycling programs, targeting materials like paper, plastic, and aluminum. For instance, the Seattle-Tacoma International Airport's comprehensive recycling program has achieved a recycling rate of over 40%.[15] - Reduction of Single-Use Plastics: Airlines like Qantas and Air New Zealand have committed to reducing single-use plastics on their flights, aligning with global movements against plastic pollution.[16] - Safe Disposal of Hazardous Waste: Airlines ensure the safe disposal of hazardous materials, such as de-icing fluids and solvents, in line with local regulations and international guidelines.[17]
Challenges and the Way Forward
Effective waste management in the aviation industry is not just an environmental imperative but also aligns with the broader principle of the PPP. As the industry continues to grow, the integration of robust waste management rules and practices will be pivotal in steering it towards a sustainable trajectory.
While significant progress has been made, challenges remain:
Inconsistent Regulations: The lack of a uniform global standard for aviation waste management leads to disparities in practices across countries. While international frameworks exist, their implementation varies across countries, leading to disparities in adherence to the PPP. [18]
Economic Impediments: Implementing sustainable waste management practices can be cost-intensive, posing challenges for airlines operating on thin margins. The aviation industry operates on thin margins. Balancing environmental responsibilities with economic viability remains a challenge.[19]
To truly align the aviation industry with the PPP, a multi-pronged approach is essential. This includes robust legal frameworks, industry initiatives, technological advancements, and global cooperation.
Conclusion
The aviation industry's alignment with the Polluter Pays Principle is a testament to the evolving nature of environmental responsibility in the face of global challenges. While the journey is ongoing, the industry's proactive measures, coupled with international legal frameworks, signal a positive trajectory towards a sustainable future.[20]
[1] A Sectoral Application of the Polluter Pays Principle: Lessons Learned from the Aviation Sector, 9 Int'l Envtl. Agreements: Pol., L. & Econ. 402-418 (2019).
[2] The economics of CO2 emissions trading for aviation, 12 OECD/ITF J. Transp. Econ. & Pol. 45-60 (2009)
[3] Who pays for BECCS and DACCS in the UK: designing equitable climate policy, 25 Climate Pol'y 784-800 (2022).
[4] Designing Aviation Taxes Within the EU, 20 Fordham Tax Rev. 109-125 (2021).
[5] The Principles and Practice of International Aviation Law: The International Law Regime for Aviation and the Environment, 14 Cambridge Int'l L. J. 112-130 (2014).
[6] EU Emissions Trading Scheme and Aviation: Quo Vadis?, 10 Air & Space L. Rev. 24-40 (2009).
[7] An Operator's Perspective on New Regulatory Frameworks for Methane Emissions Reduction, 23 Energy L. J. 402-420 (2023).
[8] Environmental Impact Evaluation as a Key Element in Ensuring Sustainable Development of Rail Transport, 15 Transp. & Envtl. L. J. 784-800 (2023).
[9] Sustainable Bioavtur: A System Dynamics Approach to Addressing the Aviation Industry’s Environmental Impact, 24 Aviation & Envtl. L. Rev. 112-128 (2023).
[10] Decarbonizing aviation: The roles of sustainable aviation fuels and hydrogen fuel, 21 Aviation Tech. & L. J. 45-62 (2023).
[11] Business Process Reengineering Of Aviation Waste Management Based On Iso 14001: 2015 At Soekarno-Hatta Airport, (https://doi.org/10.52644/joeb.v10i2.70) (2021).
[12] Convention on International Civil Aviation, 15 U.N.T.S. 295, Dec. 7, 1944.
[13] Environmental Threats: Exploring Waste Management in the Indian Aviation Sector, 10701 J. Electrochem. Soc. 10811 (2022).
[14]Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992k (1976).
[15] Waste Management at the Airport, (https://doi.org/10.14416/j.ted.2023.09.001) (2023).
[16] Sustainability Assessment of the End-of-Life Technologies for Biocomposite Waste in the Aviation Industry, (https://pubmed.ncbi.nlm.nih.gov/37376334) (2023).
[17] An Implementation of Measurement System Analysis for IoT-Based Waste Management Development, (https://doi.org/10.17529/jre.v18i4.26910) (2022).
[18] A. Ibrahim Nur, The Limits of Indonesia’s Legal Framework for Electromobility: Regulatory and Sustainable Issues, 9 Envtl. J. Legal Hist. 312-330 (2022).
[19] Aleksandra Sulik-Górecka & Marzena Strojek-Filus, CO2 Emission Reporting of Maritime and Air Transport in the Context of Sustainable Development, 28 Probl. Ekorozw. 47-62 (2022).
[20] T. Etty et al., Legal, Regulatory, and Governance Innovation in Transnational Environmental Law, 11 Transnat'l Envtl. L. 29-45 (2022).
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