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Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law de Natalie L Dobson

Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law: Studies in International Law

Autor Natalie L Dobson
en Limba Engleză Paperback – 22 mar 2023
This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.
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Specificații

ISBN-13: 9781509951086
ISBN-10: 1509951083
Pagini: 328
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International Law

Locul publicării:London, United Kingdom

Caracteristici

Examines the intersection between individual climate regimes and the international law landscape

Notă biografică

Natalie L Dobson is Assistant Professor at Utrecht University School of Law, Department of International and European Law, The Netherlands.

Cuprins

1. Introduction 1. Introductory Remarks: The Dilemma of Ambitious Unilateral Climate Protection 2. Focus of this Study: The EU as a Provocative Climate Leader 3. Conceptual Parameters: Unilateral Jurisdiction and 'Extraterritoriality' 4. Structure and Approach of this Book PART IREGULATING TO PROTECT THE GLOBAL CLIMATE: OBLIGATIONS AND RIGHTS2. The Obligation to Regulate: The Open International Legal Framework for Climate Protection 1. Introduction 2. An Imperative to Act: Climate Change as a 'Common Concern of Humankind' 3. The Open International Legal Framework for Climate Protection 4. Conclusion 3. The Right to Regulate: Jurisdiction and Extraterritoriality in Theory and Practice 1. Introduction 2. Unilateral Jurisdiction 3. Types and Bases of Jurisdiction 4. 'Extraterritoriality' and the Law of State Jurisdiction 5. Extraterritoriality in Practice: The EU's Ambitious Climate Policy 6. Conclusion PART IIJURISDICTIONAL BASES AND LIMITATIONS IN LEX SPECIALIS REGIMES4. Regulating Emissions from Foreign Production Processes under WTO Law 1. Introduction 2. Locating the 'Extraterritorial Element' in a Trade Law Context: Foreign Production Process Requirements 3. Non-discrimination and the Foreign Carbon Footprint: A De Facto Limitation 4. Justifying Prima Facie Violations: An Implied Jurisdictional Limitation? 5. Conclusion 5. Regulating Emissions from International Maritime Transport under the Law of the Sea 1. Introduction 2. 'Extraterritoriality' and the Division of State Powers under the Law of the Sea Regime 3. Territorial Limitations on Port State Jurisdiction in the Law of the Sea Convention? 4. Competing Responses to International Maritime Emissions: IMO and EU Measures 5. Conclusion 6. Regulating Emissions from International Aviation Transport under International Civil Aviation Law 1. Introduction 2. Roles and Agreements under International Civil Aviation Law 3. Limitations on Unilateral Environmental Entry Conditions under the Chicago Convention 4. Competing Responses to International Aviation Emissions: ICAO and EU Measures 5. Conclusion PART IIILEX GENERALIS: THE CRYSTALLISATION OF 'CLIMATE CHANGE JURISDICTION' UNDER CUSTOMARY INTERNATIONAL LAW7. The Classical Principles of State Jurisdiction under Customary International Law 1. Introduction 2. A Legal Basis to Legislate under the Classical Jurisdictional Principles 3. The 'Substantial Connection' Requirement 4. Conclusion 8. Exploring the Basis of 'Climate Change Jurisdiction' under Customary International Law 1. Introduction 2. Relationships between the Classical Principles in the Context of Climate Change 3. The Territorial Presence of Goods and Services Creating the Carbon Footprint 4. The Effects-Doctrine and Environmental Harm 5. The Protective Principle and Climate Change as a Threat to Vital State Interests 6. The Universality Principle and Climate Change as a Common Concern of Humankind 7. Conclusions: Constructing the Substantial Connection Requirement in the Context of Climate Change PART IVJURISDICTIONAL LIMITATIONS AND 'CONSIDERATE DESIGN'9. Jurisdictional Limitations: The 'Considerate Design' Approach 1. Introduction 2. Jurisdictional Limitations as a Second-Order Inquiry 3. The Sources of Jurisdictional Restraint: Custom, Comity and General Principles 4. Exploring the Conditions on Jurisdictional Design under International Law 5. Proposed Regulatory Tool: The 'Considerate Design' Approach 6. Conclusion 10. Applying the 'Considerate Design' Approach: Opportunities and Challenges 1. Introduction 2. Considerate Design and Jurisdictional Restraint: Respect for Competing Standards 3. Considerate Design and Equity: Common but Differentiated Responsibilities and Respective Capabilities 4. Conclusion 11. Concluding Remarks

Recenzii

Essential reading for anyone who wishes to gain insight into the role and limitations of State jurisdiction in the context of climate change.
A comprehensive and meticulously detailed survey of unilateral measures with extraterritorial effects for the protection of the climate. It is indispensable reading for any student or practitioner vexed by the questions posed by this emerging field.