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

European Union Law

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

By Ioanna Hadjiyianni
Hart Publishing August 2019

Specifications

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

Also available as

Paperback

Details

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.

Table of Contents

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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