EU 'Extraterritorial' Regulation of Maritime Emissions

International & Comparative Law Quarterly - Publication Forthcoming

30 Pages Posted: 14 Dec 2016

See all articles by Natalie Dobson

Natalie Dobson

Utrecht School of Law

Cedric Ryngaert

Utrecht University School of Law (the Netherlands)

Date Written: November 1, 2016

Abstract

In 2015, frustrated by the slow pace of negotiations in the International Maritime Organisation, the EU issued Regulation 2015/757 on the monitoring, reporting, and verification of carbon dioxide emissions from maritime transport. Echoing the controversial Aviation Directive, the Regulation is intended to support a unilateral market-based measure, and includes emissions from outside EU territory. This raises the question whether, according to international law, the EU has jurisdiction to regulate such ‘extraterritorial’ circumstances. In exploring the appropriate jurisdictional bases, we argue that neither the Law of the Sea Convention, nor world trade law definitively decide this issue. We therefore devote more detailed attention to the customary international law of state jurisdiction supplementing these regimes. We seek to build on the existing analysis by examining climate change as a ‘common concern of mankind’. We argue that this emerging concept has distinct legal implications that can and should be accommodated within the interest-balancing exercise underlying the jurisdictional analysis.

Keywords: EU, Extraterritoriality, Jurisdiction, World Trade Law, Law of the Sea

Suggested Citation

Dobson, Natalie and Ryngaert, Cedric, EU 'Extraterritorial' Regulation of Maritime Emissions (November 1, 2016). International & Comparative Law Quarterly - Publication Forthcoming . Available at SSRN: https://ssrn.com/abstract=2878760

Natalie Dobson (Contact Author)

Utrecht School of Law ( email )

Utrecht
Netherlands

Cedric Ryngaert

Utrecht University School of Law (the Netherlands) ( email )

3508 TC Utrecht
Utrecht
Netherlands

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