Abstract: EU has enrolled aviation industry into the carbon emission trading system, which raised jurisdiction conflicts about the whole journey among different countries. This has become a new problem about the international regulation on carbon emission. Analyzing the EU Court’s verdict of carbon emission tax on airlines, each country has different understanding of carbon emission standards in each air-zone, which is the direct result of ambiguous definition for state’s boundary of emission and influences of certain countries exerted in unilateral climate change negotiations. Hence, there should be exclusive territorial jurisdiction of the carbon emission in the territorial sky. For High Sea, the jurisdiction should follow the Convention on Climate Change to identify if the aircraft has reached out of personal jurisdiction to universal jurisdiction or protective jurisdiction. For the unilateral objective of EU, it should be internationally responded with combination of trading and emission rules.