This book critically examines the extension of EU environmental legislation beyond EU borders through measures that determine access to the single market on the basis of processes that take place in third countries. It makes a timely contribution to political debates about the relations between EU and non-EU countries, and the Union’s role in the global governance of environmental policy, where it has been considered a global leader. The book aims to identify and explain the emerging legal phenomenon of internal environmental measures with extraterritorial implications as an important manifestation of EU global regulatory power, and assesses the extraterritorial reach of EU environmental law from a legitimacy perspective. It examines mechanisms that can bolster its legitimacy, focusing on the legal orders of the EU and the World Trade Organization, which are key legal fora for controlling the EU’s global regulatory power.
Introduction: Scope and Frame of Inquiry I. The Focus on the Environment II. Analytical Approach and Outline of the Book
PART I IEMEIS AS MANIFESTATIONS OF EU GLOBAL REGULATORY POWER 1. Identifying and Mapping the Legal Phenomenon of Internal environmental Measures with Extraterritorial Implications (IEMEIs) I. Introduction II. IEMEIs within the Broader Context of EU External Environmental Action III. Examples of IEMEIs: Mapping their Legal Features IV. Assessing IEMEIs as a Legal Phenomenon at the Intersection of Multiple Legal Regimes 2. The Legitimacy of Global Regulatory Power – The Case of IEMEIs I. Introduction II. The Legitimacy Gaps III. Different Understandings of Legitimacy and IEMEIs IV. Filling the Legitimacy Gaps: Reframing Legitimacy Models for IEMEIs A. Evaluating IEMEI Legitimacy: Affected Third Country V. Conclusion
PART II IEMEIS IN THE EU LEGAL ORDER Introduction: The Legitimising Function of EU Law for IEMEIs I. Introduction II. The Constitutional Basis for Conducting EU External Action as a Normative Basis for Legitimising IEMEIs III. Conclusion 3. EU Decision-Making Processes and IEMEIs I. Introduction II. Right to be Heard III. Public Participation in the Aarhus Convention IV. EU Regulatory Processes: Better Regulation and the Case of Impact Assessments V. Duty to Provide Reasons VI. Access to Information VII. Conclusion 4. Judicial Review of IEMEIs in the EU Legal System I. Introduction II. Access to Justice III. Grounds of Judicial Review IV. Conclusion
PART III IEMEIS IN THE WTO LEGAL ORDER Introduction: The Legitimising Function of WTO Law for IEMEIs I. Introduction II. WTO Law as a Relevant Legal Frame for Legitimising IEMEIs III. Conclusion 5. WTO Influence and Legal Control of IEMEIs: Substantive Obligations I. Introduction II. IEMEIs and Non-Discrimination III. IEMEIs and the Agreement on Technical Barriers to Trade IV. Conclusion 6. Justifying IEMEIs under Exceptions in the WTO I. Introduction II. Pursuance of Legitimate Objectives Through IEMEIs under Exceptions III. IEMEIs under the Chapeau IV. Conclusion 7. The WTO as a Forum of Transparency and Consultation on IEMEIs I. Introduction II. Ex Post Notification Obligations as Transnational Avenues of Accountability and Due Process III. Ex Ante Notification Obligations and Consultation Procedures in Specialised WTO Organs: The Case of the TBT Agreement and the TBT Committee IV. Conclusion to Part III: IEMEIs under WTO Law Conclusion: Combining Legal Orders to Legitimise Global Regulatory Power
Introduction: The Interface between EU and International Law Inge Govaere and Sacha Garben
PART I A HORIZONTAL, HOLISTIC APPROACH 1. Interconnecting Legal Systems and the Autonomous EU Legal Order: A Balloon Dynamic Inge Govaere 2. The Axiological Emancipation of a (Non-)Principle: Autonomy, International Law and the EU Legal Order Violeta Moreno-Lax 3. Studying International and European Law: Confronting Perspectives and Combining Interests Ramses A Wessel
PART II THE INTERACTION BETWEEN EU AND INTERNATIONAL LAW IN SELECTED AREAS 4. Integrated Rights Protection in the European and International Context: Some Reflections about Limits and Consequences Christina Eckes 5. A Balloon Dynamic in the Area of Social Rights Sacha Garben 6. The Interplay of International and EU Environmental Law Nicola Notaro and Mario Pagano 7. Implementing International Norms through EU Procedure? The Case of Business and Human Rights Pierre Thielbörger
PART III THE EU AND ‘THIRD’ COUNTRIES 8. On the Cusp: Brexit and Public International Law Kieran Bradley 9. EU Enlargement, Extra-Territorial Application of EU Law and the International Dimension Christophe Hillion and Vincent Delhomme 10. Law and Practice of the EU’s Trade Agreements with ‘Disputed’ Territories: A Consistent Approach? Guillaume Van der Loo 11. We’ll Always have Geneva: The Existential Crisis of the US-led Multilateral Trading System and the EU Reactions Michael Hahn
PART IV A VIEW FROM PRACTICE: COMMENTS ON CURRENT DEVELOPMENTS IN THE INTERFACE BETWEEN EU AND INTERNATIONAL LAW 12. The Interaction between Public International Law and EU Law: The Role Played by the Court of Justice Ricardo da Silva Passos 13. The Rosneft Case as a Good Example of Smooth Interaction between EU Law and International Law in the Most Recent Post-Lisbon Jurisprudence of the Court of Justice Jenö Czuczai 14. An Incoherent Approach Towards Aarhus and CETA: The Commission and External Oversight Mechanisms Laurens Ankersmit
Ioanna Hadjiyianni is a Lecturer in Law at the University of Cyprus. Previously, she was a Max Weber Postdoctoral Fellow at the Euroepean University Institute. She has obtained her PhD from King’s College London. She is researching EU environmental law, including climate change, with a focus on the global reach of EU legislation and its effects on third countries.