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

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Notes

1 For the most recent assessment see IPCC, Climate Change 2023: Synthesis Report (2023) Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, H. Lee and J. Romero (eds)].

2 See the latest developments in the proceedings at International Court of Justice, Obligations of States in respect of Climate Change <www.icj-cij.org/case/187> accessed 24 April 2024.

3 Climate Action Tracker, Climate Target Update Tracker, shows an overview of what states have pledged as their national contributions to the Paris Agreement <https://climateactiontracker.org/climate-target-update-tracker-2022/> accessed 24 April 2024.

4 UNFCCC (adopted 9 May 1992, entered into force 21 March 1994) 1771 UNTS 107 art 3 (1).

5 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (European Climate Law) [2021] OJ L 243, preamble para 16.

6 As also noted by Dobson, this regulatory power has been named the ‘Brussels effect’ by Anu Bradford, ‘The Brussels Effect’ (2012) 107(1) Northwestern University Law Review 1, and further developed in Anu Bradford, The Brussels Effect: How the European Union Rules the World (Oxford University Press 2020).

7 See p 3, where Dobson takes as an example the criticism and legal proceedings raised against the EU in terms of its Aviation Directive (Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community [2008] OJ L8/3), which extended the EU’s emissions trading system to cover emissions from international flights landing in or departing from the EU.

8 ibid.

9 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market [2010] OJ L295/23.

10 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources [2018] OJ L328/82. This directive has been revised since the publication of this book, by Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 [2023] OJ L.

11 IPCC, ‘Summary for Policymakers’ in Climate Change 2022: Mitigation of Climate Change (2022) 24–35.

Additional information

Funding

This work was supported by the Academy of Finland (grant number 358397).