Suchergebnisse

AbstractIn 2015, frustrated by the slow pace of negotiations in the International Maritime Organisation, the EU issued Regulation 2015/757 on the monitoring, reporting, and verification of carbon dioxide emissions from maritime transport. Echoing the controversial Aviation Directive, the Regulation is intended to support a unilateral market-based measure, and includes emissions from outside EU territory. This raises the question whether, according to international law, the EU has jurisdiction to regulate such 'extraterritorial' circumstances. In exploring the appropriate jurisdictional bases, we argue that neither the Law of the Sea Convention, nor world trade law definitively decide this issue. We therefore devote more detailed attention to the customary international law of State jurisdiction supplementing these regimes. We seek to build on the existing analysis by examining climate change as a 'common concern of mankind'. We argue that this emerging concept has distinct legal implications that can and should be accommodated within the interest-balancing exercise underlying the jurisdictional analysis.

The present article discusses the international legal context of the EU's emissions trading scheme in the light of the judgment of the Court of Justice of the EU in Air Transport Association of America. After ascertaining the effect in the EU legal order of the relevant international norms invoked in that case, the focus of the present article lies on the discussion of the substantive issues that arise when reviewing the scope of Directive 2008/101 in light of the applicable norms. The article assesses the legality under customary international law of the jurisdictional assertions of the EU as upheld by the Court of Justice, reviews the EU measures in light of the law of the World Trade Organization, and compares those measures with similar EU environmental measures in the field of fisheries regulation and maritime transport.

The present article discusses the international legal context of the EU's emissions trading scheme in the light of the judgment of the Court of Justice of the EU in Air Transport Association of America. After ascertaining the effect in the EU legal order of the relevant international norms invoked in that case, the focus of the present article lies on the discussion of the substantive issues that arise when reviewing the scope of Directive 2008/101 in light of the applicable norms. The article assesses the legality under customary international law of the jurisdictional assertions of the EU as upheld by the Court of Justice, reviews the EU measures in light of the law of the World Trade Organization, and compares those measures with similar EU environmental measures in the field of fisheries regulation and maritime transport. Adapted from the source document.

"This book addresses the international legal issues surrounding the adoption of secondary sanctions. These controversial measures aim to regulate economic or financial transactions between third states and a target state. The volume takes on board recent evolutions in case-law and practice, such as the drafting of the EU Anti-Coercion Instrument"--