Conflictive Climate Governance Architecture under the International Civil Aviation Organization (ICAO)

Abstract

Abstract Studies estimate that between 2% to 3% of the global CO2 emissions stem from the aviation sector, and these figures can almost double in the medium term if no mitigations actions are taken to curb emissions. The international climate regime, based on the United Nations Framework on Climate Change Convention (UNFCCC) and on the Kyoto Protocol, has transferred the negotiation mandate to address greenhouse gas (GHG) emissions from aviation to the International Civil Aviation Organization (ICAO). This article argues that the Kyoto mandate prompted an institutional interaction between the UNFCCC and ICAO that ultimately has resulted in a conflictive climate governance architecture. The conflict was derived from the clash between the two core guiding principles of these two institutions: on the one hand, the Common but Differentiated Responsibilities (CBDR) principle under the UNFCCC; on the other hand, the non-discrimination and equal and fair principles, enshrined in the ICAO Chicago Convention. In this context, a literature review and a broad analysis of primary sources from ICAO decisions are the main methods applied to draw the author’s conclusions.