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

by Ioanna Hadjiyianni

Overview

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.

Product Details

ISBN-13:	9781509925612
Publisher:	Bloomsbury Publishing
Publication date:	08/08/2019
Series:	Modern Studies in European Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	368
File size:	558 KB

About the Author

Ioanna Hadjiyianni is a Lecturer in Law at the University of Cyprus.
Ioanna Hadjiyianni is a Lecturer in Law at the University of Cyprus. Previously, she was a Max Weber Postdoctoral Fellow at the European 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.

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
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

Editorial Reviews

Ioanna Hadjiyianni's book makes a timely and systematic contribution to the study of the EU's global regulatory power, through the analysis of the legitimacy challenges posed by internal environmental measures with extraterritorial implications (IEMEIs)... Through a careful analysis of the legal mechanisms and doctrines in place at both EU and WTO level, the author convincingly argues that law's legitimising potential is best realised through a 'double interplay': not only between its enabling and constraining function, but also between the two legal regimes considered... the book offers a nuanced and comprehensive conceptualisation of IEMEIs.
EU Law Live

From the Publisher