EU Law QUA Global Governance Law? Deciphering Regulatory and Constitutional Competence between EU Environmental Law and Global Governance Special Issue Editorial

German Law Journal, 2012, Forthcoming

5 Pages Posted: 18 Oct 2012

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Ester Herlin-Karnell

Uppsala University

Date Written: October 18, 2012

Abstract

This special issue addresses the question of EU law as Global Governance law and the constitutional and regulatory divisions between EU law and Global Governance law. There is an increasing tendency for the Court of Justice to adopt a sui generis approach to International law but also to protect the autonomy of the EU legal order where it has global and regulatory effects. Moreover, the Court increasingly avoids analysis of externalities arising from the extra-territorial application of EU law. The boundaries between EU law, International law and Global Governance law seem increasingly porous and difficult to decipher. The papers focus in particular (but not exclusively) on the broader impact of the recent European Union Emissions Trading Scheme (EU-ETS) decision of the Grand Chamber of Court of Justice (C-366/10 Air Transport Association of America v. Secretary of State for Energy and Climate Change). There, the Court of Justice rejected claims that the application of the EU-ETS scheme to the aviation sector, specifically US airlines, was unlawful under EU and International law. The Court of Justice, however, pronounced upon the legality of EU rules after a particularly protracted transatlantic battle, with the US House of Representatives legislating to prohibit the application of EU law at one point. The papers consider the impact of the decision and its wider implications for the EU as a Global Governance actor.

Keywords: EU Constitutional law, EU external relations law, International law, Global Governance, Court of Justice of European Union, EU Environmental Standards

Suggested Citation

Fahey, Elaine and Herlin-Karnell, Ester, EU Law QUA Global Governance Law? Deciphering Regulatory and Constitutional Competence between EU Environmental Law and Global Governance Special Issue Editorial (October 18, 2012). German Law Journal, 2012, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2163779

Elaine Fahey (Contact Author)

City, University of London - City Law School ( email )

Northampton Square
London, London EC1V OHB
United Kingdom

Ester Herlin-Karnell

Uppsala University ( email )

Box 513
Uppsala, 751 20
Sweden

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