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Environmental Law
The EU as a Global Regulator for Environmental Protection A Legitimacy Perspective
The EU as a Global Regulator for Environmental Protection A Legitimacy Perspective
Author: Ioanna Hadjiyianni
ISBN: 978-1-5099-2560-5
Publisher: Hart Publishing
Date Published: 2019
Format: Hardback
Price: 110.00
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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.
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

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