Green Sky for All: Reassessing State Responsibility in Achieving Equitable and Sustainable Air Transport

Abstrak

The transition toward environmentally friendly air transportation (green aviation) has become essential in addressing the global climate crisis. However, significant disparities between developed and developing countries in technological capacity, financing, and infrastructure risk creating unequal access to sustainable air transport. This study examines the responsibility of states in ensuring low-emission yet inclusive aviation systems from a legal development and human rights perspective, particularly the intersection between the right to a healthy environment and the right to mobility. It analyses state obligations within international frameworks, including the Paris Agreement and ICAO’s CORSIA. This paper argues that states must adopt affirmative policies, equitable financing schemes, and cross-border technological cooperation to prevent climate exclusion in the aviation sector. The study proposes a normative framework that repositions the state as a central actor in achieving an equitable and accessible green aviation system.  Finally, the method incorporates a normative evaluative component. The study does not merely describe existing law but also considers the extent to which current regulatory arrangements align with the goals of fairness, inclusiveness, and sustainable development. Through this evaluative perspective, the research identifies gaps within the legal framework and proposes normative pathways that states may adopt to support an environmentally responsible and more accessible global air transport system.