Abstract
In 2015, frustrated by the slow pace of the International Maritime Organisation negotiations, 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.
| Original language | English |
|---|---|
| Pages (from-to) | 295-333 |
| Journal | International and comparative law quarterly |
| Volume | 66 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 27 Feb 2017 |
Keywords
- common concerns
- WTO law
- climate change
- EU
- Law of the Sea
- Jurisdiction
Access to Document
- emissions
© British Institute of International and Comparative Law 2017. This is an Open Access article, distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike licence (http://creativecommons.org/licenses/ by-nc-sa/4.0/), which permits noncommercial re-use, distribution, and reproduction in any medium, provided the same Creative Commons licence is included and the original work is properly cited. The written permission of Cambridge University Press must be obtained for commercial re-use.