The EU as a Global Regulator for Environmental Protection A Legitimacy Perspective 1st Edition by Ioanna Hadjiyianni 1509946675 9781509946679

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ISBN 10: 1509946675

ISBN 13: 9781509946679

Author: Ioanna Hadjiyianni

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.

The EU as a Global Regulator for Environmental Protection A Legitimacy Perspective 1st 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

A. Different Modes of EU External Environmental Action and IEMEIs

B. Explaining the Recourse to IEMEIs

III. Examples of IEMEIs : Mapping their Legal Features

A. Access to the EU Market on the Basis of Environmental Regulatory Requirements

B. Compliance with IEMEIs: ‘Contingent Unilateralism’, Flexibility and Equivalence

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

A. Legitimacy as Legality and Adherence to the Rule of Law

B. Legitimacy as Good Governance and Accountability

C. Legitimacy as Justice

IV. Filling the Legitimacy Gaps: Reframing Legitimacy Models for IEMEIs

A. Evaluating IEMEI Legitimacy: Affected Third Country Interests and Legitimacy Gaps

B. Enhancing IEMEI Legitimacy: Combining Legitimacy Norms and Mechanisms

C. Practical Legitimacy for IEMEIs: Combining Overlapping Legal Regimes

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

A. The Constitutional Values Guiding EU External Action

B. The Legal Implications of EU External Action Values for IEMEI Action

III. Conclusion

3. EU Decision-Making Processes and IEMEIs

I. Introduction

II. Right to be Heard

A. Formulation of IEMEIs

B. Implementation and Enforcement of IEMEIs

III. Public Participation in the Aarhus Convention

IV. EU Regulatory Processes: Better Regulation and the Case of Impact Assessments

A. Consideration of Third Country Impacts in the Impact Assessment Process

B. Consideration of Third Country Impacts in the Impact Assessments of IEMEIs

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

A. Avenues for Accessing the EU Courts for Different Kinds of Third Country Actors

B. Standing

C. The Aarhus Convention and Access to Justice

III. Grounds of Judicial Review

A. Competence

B. Essential Procedural Requirements

C. Soft Law and General Principles of EU Law

D. Proportionality

E. International Law

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

A. The De Facto Legitimising Function of WTO Law and its Limitations

B. The Legitimising Potential of WTO Law in Relation to Developing Countries

III. Conclusion

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

I. Introduction

II. IEMEIs and Non-Discrimination

A. IEMEIs as Non-Product-Related Process and Production Methods Measures

B. IEMEIs and MFN Discrimination

III. IEMEIs and the Agreement on Technical Barriers to Trade

A. Scope of the TBT Agreement

B. Substantive Obligations under the TBT Agreement

IV. Conclusion

6. Justifying IEMEIs under Exceptions in the WTO

I. Introduction

II. Pursuance of Legitimate Objectives Through IEMEIs under Exceptions

A. Relevant Grounds of Exceptions for IEMEIs

B. Contribution of IEMEIs to the Regulatory Objective

III. IEMEIs under the Chapeau

A. Duty to Engage in Good Faith Negotiations

B. Flexibility

C. Due Process Requirements

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

A. TBT Obligations for Notification of Draft Measures

B. Consultation on Specific Trade Concerns in 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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