The EU as a global regulator for environmental protection : a legitimacy perspective / Ioanna Hadjiyianni.

Format:

Book

Author/Creator:

Hadjiyianni, Ioanna, author.

Series:

Modern studies in European law ; v. 92.

Modern studies in European law ; volume 92

Language:

English

Subjects (All):

Environmental law--European Union countries.

Environmental law.

Environmental law, International.

Environmental protection--International cooperation.

Environmental protection.

Environmental protection--European Union countries.

Physical Description:

xxix, 333 páginas ; 25 cm

Edition:

First edition.

Other Title:

European Union as a global regulator for environmental protection

Place of Publication:

London : Hart Publishing, 2019.

Summary:

"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."--Bloomsbury Publishing.

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

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

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

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

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

II. WTO Law as a Relevant Legal Frame for Legitimising IEMEIs

5. WTO Influence and Legal Control of IEMEIs: Substantive Obligations

II. IEMEIs and Non-Discrimination

III. IEMEIs and the Agreement on Technical Barriers to Trade

6. Justifying IEMEIs under Exceptions in the WTO

II. Pursuance of Legitimate Objectives Through IEMEIs under Exceptions

III. IEMEIs under the Chapeau

7. The WTO as a Forum of Transparency and Consultation on IEMEIs

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.

Notes:

Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily.

Includes bibliographical references and index.

ISBN:

9781509925636

1509925635

9781509925612

1509925619

9781509925629

1509925627

OCLC:

1138904327