The EU as a Global Regulator for Environmental Protection: A Legitimacy Perspective

Name: The EU as a Global Regulator for Environmental Protection: A Legitimacy Perspective
Brand: Hart Publishing
SKU: 9781509925605
Price: 1261.00 HKD
Availability: InStock
Author: Ioanna Hadjiyianni
ISBN: 9781509925605

By Ioanna Hadjiyianni

Hart Publishing August 2019

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ISBN-13: 9781509925605
Publisher: Hart Publishing
Publication: August 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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This book critically examines the extension of the scope of application of EU environmental legislation beyond EU borders by conditioning access to the EU market on the basis of processes that take place in third countries.

It makes a timely contribution to political debates about the relations of the EU with non-EU countries, and the EU’s role in global governance in a policy field where the EU 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 important manifestations of EU global regulatory power. The book assesses the extraterritorial reach of EU environmental law from a legitimacy perspective and examines mechanisms that can bolster its legitimacy, focusing on the legal orders of EU and WTO law, 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

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