AVIATION AND ENVIRONMENT: NEED FOR MORE STRINGENT LEGAL REGULATIONS TO REGULATE CARBON FOOTPRINT OF THE AVIATION INDUSTRY

INTRODUCTION
In the 21st century, vehicles of another kind are developing – aviation vehicles, which can be
characterized as flight instrumentalities that have every one of the qualities of flying
machine notwithstanding the ability to work in space  . The focal point of this article is on
aviation vehicles for suborbital flights, amid which they will emanate dark carbon. The idea
of suborbital flight, which isn’t characterized under worldwide law, is anyway characterized
in the US Commercial Space Launch Amendments Act (2004) as ;the universal flight way of
a dispatch vehicle, re-entry vehicle, or any bit thereof, whose vacuum quick effect point does
not leave the surface of the Earth;  . An aviation vehicle takes off from a spaceport precisely
like a flying machine would, goes into space like a spaceship, remains in sub orbit for two or
three minutes (with the impact that travellers feel an absence of gravity) and returns to the
spaceport again in the mould of a plane. A continuous issue is the qualification between the
air zone and space, however this question is less essential with the end goal of emanations –
especially in light of the fact that on 29 May 2014, Virgin Galactic consented to an
arrangement with Spaceport America as that organization is set up to tidy up its suborbital
flights.

These vehicles transmit, in addition to other things, dark carbon, which is a light-retaining
strong molecule produced because of the inadequate burning of carbon-based fills (i.e.,
petroleum derivatives, biofuels, wood);. In that capacity, it is professed to be the second-
greatest supporter of environmental change after ozone depleting substances.  An IPCC
report from 2014 shows that dark carbon transmitted from suborbital vehicles is described as
having aberrant radiative constraining impacts and vast provincial effects; , and in spite of
its brief span may add to environmental change. The principle outcome of emanations left
unattended is their quick development, which adds to environmental change.

Environmental change is characterized as a long haul, irreversible procedure of physical and
concoction changes in barometrical structure that causes an expansion in the Earth׳s
temperature and radical climate peculiarities. As indicated by the Global Warming Policy
Foundation, environmental change is portrayed by changes in the mean or potentially the
fluctuation of its properties, and that perseveres for a broadened period, normally decades or
more. The most obvious outcomes are rising worldwide temperatures, serious rain, long dry
spells, surges and storms. Greenland and West Antarctica are losing their ice, which
additionally prompts higher ocean levels.

Environmental change is to vast degree a consequence of outflows of carbon dioxide (CO2),
and also carbon monoxide (CO), oxides of nitrogen (NOx), methane (CH4), sulfur dioxide
(SO2), nitrous oxide (N2O) and non-methane unstable natural mixes (NMVOCs). 6 Despite
the fact that flight contributes  up to 3% of worldwide discharges this number is
probably going to increment by up to 15% by 2050 7 if no preventive measures are actualized
at a worldwide level. As it were, the flying business will influence an expanding commitment
to atmosphere to change later on if no new laws are forced to alleviate these discharges,
particularly in light of the presumable multiplying of air movement from 1998 to 2020

The fuel of suborbital vehicles, which has comparative properties to that right now utilized
for rockets, antagonistically influences the ozone layer and in this manner adds to the
consumption of ozone. There is in this manner much to stress over, notwithstanding the
announcement of Sir Richard Branson, the author of Virgin Galactic, who said that space
tourism would have just a minor effect on environmental change. Scientists from the National
Center for Atmospheric Research in Boulder, Colorado, are right now estimating emanations
of dark carbon from the spaceport in New Mexico and the straightforward answer at this
phase of research is that the space tourism will antagonistically influence environmental
change. Outflows of dark carbon from suborbital vehicles ought to in this manner be
incorporated to make a total photo of the harmonization issue.

Regardless of numerous universal delicate and hard laws, including the Stockholm
Declaration (1972), the Geneva Convention (1979), the Vienna Convention (1985) and
Montreal Protocol (1987), the UN Framework Convention on Climate Change (1992) and its
Kyoto Protocol (1997), and the goals of the International Civil Aviation Organization
(ICAO), there is no global lawful system that arrangements with discharges from aviation
vehicles. The absence of development on the issue of outflows from aeronautics industry was
hindered by Directive 2008/101/EC (Directive 2008/101/EC, 2008) and its entrance into
constrain in 2012 (hereinafter the EU Directive). This constitutes the main official, albeit
European, bit of enactment that incorporates discharges from the flight business. Be that as it
may, the EU Directive incorporates universal carriers in its extension, subsequently causing a
worldwide contradiction and allegation by a few states (counting USA, China, and Russia) of
the ICAO׳s part in controlling global common aeronautics being usurped. The ICAO had no
real option except to manage this issue at its session in 2013, and chose to begin taking a shot
at worldwide market measures with a view to accomplishing a system for the direction of
outflows by 2020 (ICAO, 2013).

This article gives motivations to the disappointment of global air and space law in adequately
directing emanations of ozone depleting substances (GHG) and dark carbon. Also, the focal
points and hindrances of restricting laws (hard laws), which incorporate arrangements,
traditions and orders, and non-restricting laws (delicate laws), which incorporate statements,
rules, sets of accepted rules and best practices, and in addition the fittingness of
harmonization or unification in choosing the best administrative way, will be examined with
regards to outflows from the aeronautic trade. The destinations of this examination are to
exhibit the earnestness of rising outflows of ozone depleting substances and dark carbon from
the airplane business and their effect on environmental change, and feature the need to make
a more successful legitimate instrument went for diminishing these discharges.

2. India’s Action Plan for regulating Carbon Emissions from Civil Aviation
2.1. Initiatives taken by Airlines.

It was felt that the stakeholders shall be made aware about the impact of aviation on
environment. As a forward step in this direction, the stakeholders were sensitized about the
adverse impact and the simple measures that can be adopted to minimize the same. They
were also briefed about the global best industry practices that have been adopted by the
aviation industry to reduce or minimize the carbon emissions. The main source of carbon
emissions from aviation is the exhaust coming out of the aircraft engines and the Auxiliary
Power Unit (APU). Apart from engines and APU, the other direct sources that do contribute
towards carbon emissions are ground support equipment, vehicles operating inside the
airports, etc. As indirect sources, heating/cooling plants, energy consumption for airport
terminal buildings, airport and runway lighting systems, fire fighting equipment, etc. are also
responsible for contributing towards carbon emissions. Therefore, any savings in fuel and
energy consumptions will directly reduce the carbon emissions from aviation. Fuel cost of
any airline is the largest constituent of their operational cost and any saving in fuel cost leads
to decrease in the total operational cost with an addition benefit of reduction in carbon
emissions as well. With this objective, airlines in India have started adopting following
measures that help them in reducing their fuel consumptions leading to reduction in carbon
emissions too.
a) Upgradation of aircraft fleet through renewal and engine modernization program for better
fuel efficiency and adoption of airframe and engine performance improvement packages.
b) The average age of fleet with Indian carriers is comparatively low. With a view to further
improve fuel efficiency, airlines have started looking towards new aircraft models with state-
of-art technologies and more fuel efficient engines that may result in substantial reduction in
emissions in future. For example, Air India has acquired Boeing 787 Dreamliner which offers
superior economic performance with 15% lower fuel consumption than current aircraft in the
same category, lower operating costs, lower maintenance and lower carbon dioxide
emissions. For future deliveries, airlines have ordered A320NEOs and B737Max options,
which are fitted with new technology geared turbofans with an aim to further improve the
fuel efficiency thereby reducing carbon emission.
c) Engine core water wash at regular intervals to increase fuel efficiency.
d) Use of Computerized Fuel Plan (CPF) as conservative criteria for computing fuel
requirements for a flight path with information of taxi out and congestion at destination
airports which can avoid carriage of extra fuel.
e) Usage of APU run time has been replaced by ground electrical power and air conditioning
by airport based support system which has both environmental benefits for airports as well as
financial savings.
f) Airlines have also adopted “Single Engine Taxi–in/out” policies and procedures specific to
their operations leading to saving in their operational cost besides environmental savings.
Pilots are being trained to undertake such single engine operations without compromising
with the safety.
g) Airlines have been advised to make use of thrust reversal judiciously during landing roll
for significant savings on fuel and maintenance costs.
h) Besides, airlines are being encouraged to adopt delayed deceleration approaches with
aircraft kept in clean aerodynamic configuration during the approach phase of flight to reduce
fuel burn below 10,000 ft.
i) Most of the airlines have procured a ‘New Flight Planning System’ which helps in
preparing flight plans automatically by optimizing the routes and provides cost effective
routing on day-to-day basis for every flight. It is a most important environment friendly
technical and operational integration tool.
j) Few airlines have also shifted to Electronic Flight Bags (EFB) which is a major initiative
towards paperless cockpit replacing printed route navigation maps, briefing documents and
technical manuals. By avoiding heavy manuals, airlines have advantage of saving weight and
thus fuel in everyday operations.
k) Further, new procedures have been established which take into consideration deteriorating
aircraft performance, uneconomical use of aircraft systems and unnecessary carrying of dead
weights reducing drag due to dirt and rough surfaces in the critical zones of the fuselage,
wings and empennage, etc. which makes the aircraft more fuel efficient.

2.2. Measure adopted by airports
Airports in India are committed to conduct its business in an environment friendly and
sustainable manner by minimizing the impact of their activities on the environment through
optimization of natural resource utilization and energy consumption resulting in reduced
emissions. Energy conservation and renewable energy development along with emission
reduction is an integral part of their business strategy towards achieving credibility and

sustainability in the aviation business. Airports in India have identified the emission sources
from airlines and other business units operating within the premises of the airports and started
working to minimize them such as on-site fuel consumption and electricity consumption, etc.
With this objective, airports have started adopting following measures to reduce emissions.
a) Adoption of Carbon Accounting & Management System (CAMS) for reducing airports
GHG emissions which is based on the guidelines provided in the ISO 14064-1 for
quantification and reporting of greenhouse gas emissions and removals. Airports are also
using Environment Management System (ISO14001), Energy Management System (ISO
50001:2011) and Green House Gas Reporting (ISO 14064) mechanism which helps them to
develop and implement policy, objectives and action plans taking into account legal and other
requirements for GHG reduction.
b) Participation in Airport Carbon Accreditation Programs at various levels foremission
reduction.
c) Participation in Leadership in Energy and Environment Design (LEED) with an objective
to reduce pollution & waste management, provision for eco-friendly vehicles, rain water
harvesting, use of recycled water, energy efficient electric lighting, etc. Indira Gandhi
International Airport (IGIA), Delhi is the one of the airport in the world having LEED Gold
accreditation.
d) Use of advanced aerobridges fitted with Bridge Mounted Equipment (BMEs) such as
Fixed Electrical Ground Power (FEGP) and Pre-conditioned Air (PCA) which helps in
minimizing aircraft and vehicular pollution at the airport and prevents the use of APU at
parking bay.
e) Use of dedicated Compressed Natural Gas (CNG) vehicles and electrically operated
baggage tugs and buggies for transport of baggage, cargo and passenger in the apron, cargo
and passenger terminal building.
f) Installation of solar power plant at airside premises and solar water heaters at the terminals
in order to promote renewable energy use. Airports are also exploring the possibility of CDM
registration.
g) Implementation of environment friendly initiatives by Airports Authority of India (AAI) as
an Air-Navigation Service Provider (ANSP), for reducing the carbon footprint of civil

aviation by providing better connectivity, flexibility and reduction in track miles, connector
routes, etc. Conditional routes have been implemented to promote the concept of flexible use
of airspace between defence and civil which provides significant reduction in track miles
leading to time saving and fuel saving.
h) Implementation of Continuous Descent Approach (CDA) at IGIA, Delhi airport that
permits an aircraft to maintain a fuel-efficient arrival flight path while landing with reduce
emissions and noise loads. It is planned to extend CDA operations to other airports to gain
widespread reduction in emissions from en-route phase to landing.
i) Implementation of Performance Based Navigation (PBN) procedures at several airports.
PBN affords development of air-routes/arrival-departure paths/approach procedure that lead
to efficient aircraft operations utilizing advanced aircraft navigation capabilities. The
optimization is achieved through reduction in track miles, optimized descent profile for
arrival, efficient climb profile for departures and enhancement in airspace capacity thereby
reducing delays and holding. These measures reduce fuel burn leading reduction in emission.
j) Reduction in separation on final approach which has helped in enhancing airport capacity
thereby reducing arrival holding at lower altitudes. Low altitude holding is one of the major
contributors to release of emissions in the environment; since jet engines are known to be in-
efficient at lower altitudes. Implementation of Tactical Flow Management significantly
improves arrival management thereby minimizing the requirement of arrival holdings at
lower altitude.
k) Enhancing on-time performance by airlines which has significant impact on pollution
caused by aircraft on ground. These measures have drastically reduced departure congestion
and long queues of aircraft awaiting their turn for take-off. Better management of departure
has inevitably contributed to quick departure, efficient climb profile, availability of preferred
flight levels thereby resulting in reduced fuel burn and reduction in emissions.
l) Training and workshops for stakeholders viz. airlines, air traffic control units, ground
handling units and other business partners on environmental measures.

3. International and EU greenhouse gas emissions from aeroplanes and
climate change: to harmonise or to unify

International laws created by states and international organisations can be divided into
binding (hard) and non-binding (soft) laws. Forms of hard law such as treaties, conventions,
international customs and general principles of international law are included in Article 38,
Chapter II, Statute of the International Court of Justice. Examples of soft law include
declarations, guidelines, statements, action plans, codes of practice and model laws, and this
list is not exclusive. Binding law describes the rights and obligations of states that have
ratified, signed or acceded to a hard-law document. The provisions of a binding instrument
are rigid 8 leading to disagreements between negotiating parties and long periods of time spent
drafting conventions. A good example is the United Nations Convention on Contracts for the
International Sale of Goods (CISG), the process of “drafting and refining the convention
lasted 30 years”. It can therefore be presumed that any hard law on emissions from the
aerospace industry would take even longer than was the case with the CISG, for which it was
in the common interest of all parties to create a document that unified international sales. In
the case of emissions, it is more problematic because there are conflicting views about
whether and how to regulate. States are therefore often unwilling to be subjected to binding
laws. An alternative is usually seen in soft laws, which leave space for states to manoeuvre in
implementing and obeying the provisions of such instruments; soft laws also do not impose
penalties for breaches of their provisions. The tension between the selection of different
forms of law, in terms of considering whether one method might be more effective than
another, is especially visible in international air and space law that regulates emissions.

If the creation of international legal instruments is difficult, the international coordination of
existing national laws is hardly easier. The international lawmaking process is under pressure
from political and economic influences, which automatically leads to the politicisation and
economisation of law – of which greenhouse gas emissions from the aviation industry can be
seen as a vivid example. In the view of the author, politicisation results from a destructive use
of politics in the lawmaking process that weakens the efficiency of legal documents created
by particular states. On the other hand, economisation can be described as the use of
economic tools and calculations to convince regulators and regulated entities about the
effectiveness and efficiency of new regulations. Rather than characterising these phenomena
as two negative trends, a distinction should be made between the destructive force of the
politicisation of law and the useful tool of economic calculation. An inability to create
binding international law is common in the air and space arena, especially in areas that
governments care about most, such as security. Politics and economics can also have a
massive influence on international lawmaking processes to the extent that they can become
ineffective. Furthermore, there are social differences between developed and developing
countries with regard to the most effective and equitable approach to the regulation of
emissions. The former group of nations attempts to create a single uniform framework,
whereas the latter group opposes this by contending that they did not contribute to the status
quo of emissions and asserting that they have the right to the same opportunity for economic
growth as developed countries had. Developing nations therefore insist that they should not
be obliged to pay for the consequences of climate change by adhering to regulations that
require reductions in emissions. This is why it has been so hard to either harmonise or unify
international emissions from the aviation industry, and it will be difficult to do the same with
black carbon emissions from aerospace vehicles at a global level.

Harmonization is a process of establishing a level of equilibrium between laws of different
legal systems in order to avoid conflicts of law. This can be achieved by changing rules,
standards or processes. “Harmonization does not lead to the one set of agreed rules and it can
be achieved by international agreement between states or by mandate of a regional
supranational institution” 9 . Harmonization also embraces “a wide spectrum of ways to
combat differences in legal concepts in different jurisdictions.” 10 . An example of
harmonization in the field of emissions within the aviation industry is the EU Directive,
which harmonized the laws of member states that regulate emissions from this specific
industry by requiring that they all meet a basic standard. Harmonization is often confused
with unification which means the “adoption of an agreed set of rules, standards or guidelines”
in one legal document. In the case of emissions, unification of law would be an international
treaty agreed upon by the states or the international legal framework created by the
organization having a mandate to regulate international civil aviation, namely the ICAO.

Conclusion
Remembering the hesitance to direct ozone harming substances in any coupling way at a
global level, an end can be achieved that there is no possible answer for the issue. To date,
there is no globally restricting law that controls ozone harming substances emanations from
the flying business or dark carbon discharges from the rising segment of aviation vehicles,
notwithstanding developing proof of the unfavorable effect of such outflows on
environmental change. The politicization and economisation of law, which avoid hard-law
controls, are probably going to put political interests and inclinations under the steady gaze of
law. Additionally, financial estimations with respect as far as possible are probably going to
hinder the lawmaking procedure. Amending or making any present space-law enactment in
the field of dark carbon outflows ought to be dealt with as unlikely and difficult to
accomplish in the current worldwide circumstance. The making of a hard law does not ensure
that a state will turn into involved with it. Regardless of whether an exhaustive tradition is
made (for instance, under the support of the United Nations Office for Outer Space Affairs),
it may never be sanctioned by an adequate number of states to come into drive. Accordingly,
it may transform the best goals into disappointment, as on account of the Moon Treaty
(1979).

Assuming, thusly, the production of any global restricting laws appears to be almost
outlandish, delicate laws could be considered as choices. Incomprehensibly, the absence of
approvals for breaking delicate laws expands their viability since it improves the probability
of them being acknowledged in any case. States have demonstrated in the course of the most
recent 50 years that they have had little enthusiasm for ecological issues that were waiting at
the base of the pecking order of vital issues and constantly fell behind universal legislative
issues and economy, yet delicate law isn't as "unsafe" as a result of its obvious absence of

authorizations. Once a delicate law is made, the casual weight of popular sentiment develops
to help implement it. All organizations that work in the aviation segment – from built up
organizations, for example, Boeing and Airbus to more up to date ones, for example, Virgin
Galactic and Blue Origin – can demonstrate that they care about the earth and, thus, make
willful confinements. This positive general assessment could expand the organizations'
benefits, along these lines putting benefit amplification on indistinguishable side from the
benefit of the earth. Just later on, when discharges achieve a basic point and might be
repulsive to people, will both the ICAO and state governments meet to make a universal
system managing emanations from the aeronautic trade.

The following issue is whether to fit or bring together emanations from the aeronautics
business. It gives the idea that harmonization can't be accomplished at a global level in light
of the fact that, as yet, just a single significant delicate law archive has been made by the
ICAO. The harmonization of outflows norms in the aviation segment likewise can't be
accomplished in light of the fact that there is no worldwide law directing discharges.
Unification as one restricting archive isn't conceivable in view of the politicization and
economisation of law, and delicate law instruments are probably not going to prevail during
the time spent unification due to their non-restricting nature. Delicate law will never be a
swap for restricting law – it is basically an extension to reestablish worldwide collaboration
and draw the consideration of the universal network to the earnestness of the issue of ozone
harming substances and dark carbon outflows, starting some activity to help lighten issues
while a more drawn out term arrangement is looked for.

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