Protection of the Environment: Legal and Policy Solutions

- Are market based measures the solution to CO2 emissions?
- EU Emissions Trading Scheme - Consistent with international law?
- Is a global sectoral approach realistically achievable or are equivalent measures the way forward?
- What is ICAO's framework on market-based measures, and what is its plan of action on climate change?
- What environmental challenges does the ICAO 37th Session of the ICAO Assembly face?

Chair: Alejandro Piera - Advisor, United Arab Emirates Delegation on the ICAO Council

David Batchelor
- Policy Officer, Aviation Safety and Environment, European Commission - Presentation Batchelor [.ppt]
John Deacon - Partner, Hunton & Williams
Prof. Brian F. Havel - Associate Dean and Professor of Law, DePaul University
Jane Hupe - Chief, Environment of the Environmental Branch, ICAO - Presentation Hupe [.pptx]
Tim Johnson - Director, Aviation Environment Federation on behalf of the International Coalition for Sustainable Aviation (ICSA) - Presentation Johnson [.ppt]

Alejandro Piera

Alejandro Piera serves as Permanent Advisor to the UAE Delegation on the Council of ICAO where he advises on policy and regulatory issues, including aviation and climate change. Prior to joining the UAE Delegation, Alejandro served as Senior Legal Counsel of IATA. In addition to representing IATA at ICAO’s Legal Committee and, Alejandro was also part of the legal team that that participated in ICAO’s Diplomatic Conference on the Modernization of the Rome Convention. Previously, Alejandro was in private practice for a number of years. He has written a number of articles and often speaks at international conferences. He is a graduate of McGill’s Institute of Air & Space Law and the National University of Asuncion.

David Batchelor

David Batchelor has been working since 2008 in the Aviation Safety and Environment Unit in the European Commission's Directorate General for Mobility and Transport (DG MOVE). He is responsible for aviation environmental policy, with a particular focus on policy towards aviation emissions and climate change.

He originally joined the European Commission on secondment from the UK Civil Aviation Authority in 2003 and spent four years working on the EU-US air transport negotiations, culminating in the successful completion of negotiations on the EU-US "open skies" air transport agreement in 2007.

Prior to that, he spent most of his career at the UK CAA, which he first joined as an economist in 1985. In 1995 he was appointed Head of International Aviation Policy in the CAA's Economic Regulation Group, where he was responsible for the CAA's economic policy advice to the UK Government in its bilateral air services negotiations, and to the UK Government and competition authorities on airline competition matters.

David graduated from Oxford University in 1985 with a BA(Hons) in Politics, Philosophy and Economics.

John Deacon

John Deacon is an English Solicitor and a Partner in the London Office of Hunton & Williams where he is a member of the Climate Change Team. John's practice focuses on emissions trading and emissions reducing infrastructure projects arising out of the national and international regulatory regime emanating from the Kyoto Protocol. In emissions trading John acts for buyers, sellers and aggregators of credits under the Clean Development Mechanism, Joint Implementation and the European Union Emissions Trading System. John has worked extensively in the market for compliance buyers i.e. organisations looking to purchase credits to meet their legal obligations. In 2008 John acted for the carbon aggregator who established the largest compliance fund in that year and also acted for one of the largest purchasers of credits under the World Bank Umbrella Carbon Facility. John also advises compliance buyers on establishing their emissions credit procurement strategies and acts for them in pursuing the purchase of such credits. In the 2010 edition of Chambers & Partners John was recognized as a leader in the field of Climate Change.

Brian Havel

Brian F. Havel is professor of law, associate dean of administration, director of the International & Comparative Law Program, and director of the International Aviation Law Institute. He also is a visiting scholar at University College Dublin.

Havel holds master’s degrees in law from University College Dublin and Columbia University Law School, as well as a master’s degree in languages and linguistics from Trinity College Dublin and a doctoral degree in international and comparative law from Columbia. He was the Wien Fellow in International and Comparative Law at Columbia and received the inaugural Outstanding Achievement Award of the Parker School of International and Comparative Law at Columbia for his work on international air transport deregulation.

Before joining the DePaul faculty in 1994, he practiced transnational corporate and antitrust litigation at Paul Weiss Rifkind Wharton & Garrison in New York City. His publications have an interdisciplinary focus and include Beyond Open Skies: A New Regime for International Aviation (Kluwer, 2009), a follow-up to his 1997 book, In Search of Open Skies: Law and Policy for a New Era in International Aviation (Kluwer 1997), as well as a number of law review studies including “The Constitution in an Era of Supranational Adjudication” (North Carolina Law Review 2000) and “In Search of a Theory of Public Memory: The State, the Individual, and Marcel Proust” (Indiana Law Journal 2005). His biography of his father, Miroslav Havel, late chief designer of Waterford Crystal, was published in Europe in 2006.

He is editor in chief of the College of Law’s Issues in Aviation Law & Policy and is a member of the panel of contributing advisors to Kluwer Law’s Air and Space Law. He is a past chair of the Global Transport and Tourism Governors Meeting at the World Economic Forum in Davos, Switzerland, and has addressed air transport conferences and symposia throughout the world. He was elected to the board of the European Air Law Association in 2005 and the external board of governors at the International Institute of Air and Space Law at Leiden in 2007. He also was the Fulbright Visiting Professor of Comparative Law and Legal Pluralism for 2007-2008 at McGill University’s Institute of Air and Space Law.

Ms. Jane Hupe

Jane Hupe is Chief, Environment in ICAO’s Air Transport Bureau, and the Secretary of the Committee on Aviation Environmental Protection (CAEP). Her responsibilities include the management of the ICAO Environmental Programme, the CAEP, and the coordination of all activities in the field of aviation and the environment with other International Organizations, both inside and outside the UN family, such as UNFCCC, IMO, UNEP, and ISO.

Jane has been at the forefront of ICAO’s efforts to define and promote policies and standards for an environmentally sustainable aviation. She advises the ICAO Council on all aviation environmental matters and represents ICAO in other international fora in this field.

Jane has a Master’s degree in Aviation from the École Nationale de L’ Aviation Civile (ENAC), Toulouse, France, and many other post-graduate degrees, including in environmental auditing. Prior to 1998, Jane worked as a consultant with ICAO’s Technical Cooperation Bureau, and for 15 years with the Brazilian Civil Aviation Authorities.

Jane was a lead author for the Intergovernmental Panel on Climate Change (IPCC) Reports on Aviation related measures, including the 2007 IPCC Fourth Assessment Report and the 2006 IPCC Guidelines for National Greenhouse Gas Inventories. For her work, Jane received a certificate acknowledging her contribution to the award of the 2007 Nobel Peace Prize to the IPCC.

Tim Johnson

Tim has been working in the national and international aviation environmental policy field for over twenty years, as a representative of the environmental sector and as a consultant. He is currently Director of the Aviation Environment Federation (AEF), a London-based environmental NGO representing the interests of communities and local government around airports. On behalf of the International Council for Sustainable Aviation ( he represents the environmental NGOs at meetings of the International Civil Aviation Organisation’s Committee on Aviation Environmental Protection (CAEP) and is co-rapporteur of ICAO’s Aviation Carbon Calculator Support Group. Past activities included developing the AEF’s advisory and consultancy services on the environmental effects of airport and aircraft operations, and aviation and planning law.

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