Suchergebnisse

"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."--

AbstractIn 2016, the International Civil Aviation Organization (ICAO) and International Maritime Organization (IMO) made important strides towards the regulation of emissions from international aviation and maritime transport. This was partially catalysed by the 'ultimatum strategy' of the European Union (EU), where the Union persistently threatened to take unilateral steps in the absence of multilateral action. As this article analyses, it appears that the Union is reluctant to relinquish its unilateral approach and align fully with both the ICAO Carbon Offsetting and Reduction Scheme and the IMO Global Data Collection Scheme. This raises questions under public international law as to the relationships between these competing measures. Amidst rising political pressures, this article considers the extent to which the unfolding multilateral policies of the ICAO and IMO may limit the regulatory competence of the EU. While the EU is an independent legal entity, it has been conferred far-reaching competences by its Member States who are themselves members of these other international organisations. Given the lack of clarity on clear hierarchical rules, an important role remains for the customary law of state jurisdiction in governing regulatory competence more generally. The final part of this article engages with recent discussions on the existence of an obligation to exercise jurisdictional self-restraint. It reflects on the tensions arising between respect for states' regulatory autonomy and the prevention of 'dangerous' anthropogenic climate change.

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.