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

1. Introduction
1. Introductory Remarks: The Dilemma of Ambitious Unilateral Climate Protection
2. Focus of this Study: The EU as a Provocative Climate Leader
3. Conceptual Parameters: Unilateral Jurisdiction and 'Extraterritoriality'
4. Structure and Approach of this Book

PART I
REGULATING TO PROTECT THE GLOBAL CLIMATE: OBLIGATIONS AND RIGHTS
2. The Obligation to Regulate: The Open International Legal Framework for Climate Protection
1. Introduction
2. An Imperative to Act: Climate Change as a 'Common Concern of Humankind'
3. The Open International Legal Framework for Climate Protection
4. Conclusion
3. The Right to Regulate: Jurisdiction and Extraterritoriality in Theory and Practice
1. Introduction
2. Unilateral Jurisdiction
3. Types and Bases of Jurisdiction
4. 'Extraterritoriality' and the Law of State Jurisdiction
5. Extraterritoriality in Practice: The EU's Ambitious Climate Policy
6. Conclusion

PART II
JURISDICTIONAL BASES AND LIMITATIONS IN LEX SPECIALIS REGIMES
4. Regulating Emissions from Foreign Production Processes under WTO Law
1. Introduction
2. Locating the 'Extraterritorial Element' in a Trade Law Context: Foreign Production Process Requirements
3. Non-discrimination and the Foreign Carbon Footprint: A De Facto Limitation
4. Justifying Prima Facie Violations: An Implied Jurisdictional Limitation?
5. Conclusion
5. Regulating Emissions from International Maritime Transport under the Law of the Sea
1. Introduction
2. 'Extraterritoriality' and the Division of State Powers under the Law of the Sea Regime
3. Territorial Limitations on Port State Jurisdiction in the Law of the Sea Convention?
4. Competing Responses to International Maritime Emissions: IMO and EU Measures
5. Conclusion
6. Regulating Emissions from International Aviation Transport under International Civil Aviation Law
1. Introduction
2. Roles and Agreements under International Civil Aviation Law
3. Limitations on Unilateral Environmental Entry Conditions under the Chicago Convention
4. Competing Responses to International Aviation Emissions: ICAO and EU Measures
5. Conclusion

PART III
LEX GENERALIS: THE CRYSTALLISATION OF 'CLIMATE CHANGE JURISDICTION' UNDER CUSTOMARY INTERNATIONAL LAW
7. The Classical Principles of State Jurisdiction under Customary International Law
1. Introduction
2. A Legal Basis to Legislate under the Classical Jurisdictional Principles
3. The 'Substantial Connection' Requirement
4. Conclusion
8. Exploring the Basis of 'Climate Change Jurisdiction' under Customary International Law
1. Introduction
2. Relationships between the Classical Principles in the Context of Climate Change
3. The Territorial Presence of Goods and Services Creating the Carbon Footprint
4. The Effects-Doctrine and Environmental Harm
5. The Protective Principle and Climate Change as a Threat to Vital State Interests
6. The Universality Principle and Climate Change as a Common Concern of Humankind
7. Conclusions: Constructing the Substantial Connection Requirement in the Context of Climate Change

PART IV
JURISDICTIONAL LIMITATIONS AND 'CONSIDERATE DESIGN'
9. Jurisdictional Limitations: The 'Considerate Design' Approach
1. Introduction
2. Jurisdictional Limitations as a Second-Order Inquiry
3. The Sources of Jurisdictional Restraint: Custom, Comity and General Principles
4. Exploring the Conditions on Jurisdictional Design under International Law
5. Proposed Regulatory Tool: The 'Considerate Design' Approach
6. Conclusion
10. Applying the 'Considerate Design' Approach: Opportunities and Challenges
1. Introduction
2. Considerate Design and Jurisdictional Restraint: Respect for Competing Standards
3. Considerate Design and Equity: Common but Differentiated Responsibilities and Respective Capabilities
4. Conclusion
11. Concluding Remarks