The extraterritorial reach of environmental law: legitimacy concerns and the role of domestic courts in controlling transnational regulatory power

Ioanna Hadjiyianni

Chapter 22 in Research Handbook on Extraterritoriality in International Law, 2023, pp 372-388 from Edward Elgar Publishing

Abstract: While there are examples of extraterritoriality in multilateral environmental agreements, these are not as prevalent or controversial as the unilateral extension of domestic regulation to conduct beyond the territory of the regulating jurisdiction. This chapter explores legal requirements on the permissibility and legitimacy of assertions of extraterritoriality in the environmental field as determined by courts in the EU and the US, two of the largest jurisdictional powers in the world, which have engaged in extraterritorial environmental regulation to different degrees, and whose judiciaries play a pivotal role in determining the scope of extraterritoriality. The use of different normative and jurisdictional justifications in extending the territorial scope of domestic environmental measures ultimately determines the scope and legitimacy of extraterritoriality in the environmental field. With a focus on judicially determined parameters for extraterritoriality, the chapter also demonstrates how ‘domestic’ courts increasingly emerge as transnational actors that contribute to global environmental governance.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781800885592.00031 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:20680_22

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().