Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Borderlines in Private Law

Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law (eBook)


ISBN13: 9781509935833
Published: September 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £37.79
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in


Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.30am to 5.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law.

Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered.

Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.

Subjects:
Environmental Law, EU Law, eBooks
Contents:
1. Introduction
1. Introductory Remarks: The Dilemma of Ambitious Unilateral Climate Protection
2. Focus of this Study: The EU as a Provocative Climate Leader
3. Conceptual Parameters: Unilateral Jurisdiction and 'Extraterritoriality'
4. Structure and Approach of this Book
PART I. REGULATING TO PROTECT THE GLOBAL CLIMATE: OBLIGATIONS AND RIGHTS,/b>
2. The Obligation to Regulate: The Open International Legal Framework for Climate Protection
1. Introduction
2. An Imperative to Act: Climate Change as a 'Common Concern of Humankind'
3. The Open International Legal Framework for Climate Protection
4. Conclusion
3. The Right to Regulate: Jurisdiction and Extraterritoriality in Theory and Practice
1. Introduction
2. Unilateral Jurisdiction
3. Types and Bases of Jurisdiction
4. 'Extraterritoriality' and the Law of State Jurisdiction
5. Extraterritoriality in Practice: The EU's Ambitious Climate Policy
6. Conclusion
PART II. JURISDICTIONAL BASES AND LIMITATIONS IN LEX SPECIALIS REGIMES
4. Regulating Emissions from Foreign Production Processes under WTO Law
1. Introduction
2. Locating the 'Extraterritorial Element' in a Trade Law Context: Foreign Production Process Requirements
3. Non-discrimination and the Foreign Carbon Footprint: A De Facto Limitation
4. Justifying Prima Facie Violations: An Implied Jurisdictional Limitation?
5. Conclusion
5. Regulating Emissions from International Maritime Transport under the Law of the Sea
1. Introduction
2. 'Extraterritoriality' and the Division of State Powers under the Law of the Sea Regime
3. Territorial Limitations on Port State Jurisdiction in the Law of the Sea Convention?
4. Competing Responses to International Maritime Emissions: IMO and EU Measures
5. Conclusion
6. Regulating Emissions from International Aviation Transport under International Civil Aviation Law
1. Introduction
2. Roles and Agreements under International Civil Aviation Law
3. Limitations on Unilateral Environmental Entry Conditions under the Chicago Convention
4. Competing Responses to International Aviation Emissions: ICAO and EU Measures
5. Conclusion
PART III. LEX GENERALIS: THE CRYSTALLISATION OF 'CLIMATE CHANGE JURISDICTION' UNDER CUSTOMARY INTERNATIONAL LAW
7. The Classical Principles of State Jurisdiction under Customary International Law
1. Introduction
2. A Legal Basis to Legislate under the Classical Jurisdictional Principles
3. The 'Substantial Connection' Requirement
4. Conclusion
8. Exploring the Basis of 'Climate Change Jurisdiction' under Customary International Law
1. Introduction
2. Relationships between the Classical Principles in the Context of Climate Change
3. The Territorial Presence of Goods and Services Creating the Carbon Footprint
4. The Effects-Doctrine and Environmental Harm
5. The Protective Principle and Climate Change as a Threat to Vital State Interests
6. The Universality Principle and Climate Change as a Common Concern of Humankind
7. Conclusions: Constructing the Substantial Connection Requirement in the Context of Climate Change
PART IV. JURISDICTIONAL LIMITATIONS AND 'CONSIDERATE DESIGN'
9. Jurisdictional Limitations: The 'Considerate Design' Approach
1. Introduction
2. Jurisdictional Limitations as a Second-Order Inquiry
3. The Sources of Jurisdictional Restraint: Custom, Comity and General Principles
4. Exploring the Conditions on Jurisdictional Design under International Law
5. Proposed Regulatory Tool: The 'Considerate Design' Approach
6. Conclusion
10. Applying the 'Considerate Design' Approach: Opportunities and Challenges
1. Introduction
2. Considerate Design and Jurisdictional Restraint: Respect for Competing Standards
3. Considerate Design and Equity: Common but Differentiated Responsibilities and Respective Capabilities
4. Conclusion
11. Concluding Remarks

Series: Studies in International Law

Rebellious Jurisprudence: Judicial Dissent and International Law ISBN 9781509920112
To be published August 2028
Hart Publishing
£65.00
A Central Asian Perspective on International Law ISBN 9781509935499
To be published August 2028
Hart Publishing
£85.00
Responses to Sea Migration and the Rule of Law ISBN 9781509978489
Published August 2024
Hart Publishing
£85.00
Responses to Sea Migration and the Rule of Law (eBook) ISBN 9781509978496
Published August 2024
Hart Publishing
£76.50
(ePub)
Buy
£41.99
£49.99
Prosecutorial Discretion at the International Criminal Court ISBN 9781509944101
Published January 2022
Hart Publishing
£37.99
The Readmission of Asylum Seekers under International Law ISBN 9781509954759
Published August 2021
Hart Publishing
£41.99
£85.00
£35.99
(ePub)
Buy
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781509952144
Published June 2021
Hart Publishing
£44.99
£34.19
(ePub)
Buy
Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus ISBN 9781509919703
Published December 2020
Hart Publishing
£90.00
Prosecutorial Discretion at the International Criminal Court ISBN 9781509928682
Published July 2020
Hart Publishing
£95.00
Prosecutorial Discretion at the International Criminal Court (eBook) ISBN 9781509928699
Published July 2020
Hart Publishing
£34.19
(ePub)
Buy
The Readmission of Asylum Seekers under International Law ISBN 9781509902491
Published February 2020
Hart Publishing
£95.00
The Readmission of Asylum Seekers under International Law (eBook) ISBN 9781509902521
Published February 2020
Hart Publishing
£37.79
(ePub)
Buy