Do national courts play a role in enforcing the responsibility of private actors for environmental pollution?

  1. Is global environmental regulation coherent?
  2. Do national courts play a role in enforcing the responsibility of private actors for environmental pollution?
  3. Provide a critical opinion on the following statement:

Directive 2008/101, in as much as it extends application of the scheme laid down by Directive 2003/87 to aviation, does not infringe the principle of territoriality or the sovereignty which the third States from or to which such flights are performed have over the airspace above their territory, since those aircraft are physically in the territory of one of the Member States of the European Union and are thus subject on that basis to the unlimited jurisdiction of the European Union.

(Air Transport Association of America, American Airlines Inc, Continental Airlines Inc, United Airlines Inc v Secretary of State for Energy and Climate Change, ECJ,21 December 2011)

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