Extraterritoriality and Territorial Extension in EU Law
Open Access
- 1 January 2014
- journal article
- Published by Oxford University Press (OUP) in The American Journal of Comparative Law
- Vol. 62 (1), 87-125
- https://doi.org/10.5131/ajcl.2013.0009
Abstract
This paper examines the global reach of EU law in the context of current debates about the rise of the EU as a global regulatory power. Challenging recent claims to the contrary, its findings are that the enactment of extraterritorial legislation by the EU is extremely rare. Nevertheless, the EU makes frequent recourse to a legislative technique that I term territorial extension, in order to gain regulatory traction over activities that take place abroad. This technique not only leads to the EU governing transactions that are not centered upon the territory of the EU, but it also enables the EU to influence the nature and content of third country and international law. Nevertheless, it is inaccurate to say that the EU thereby seeks to export its own norms. EU legislation which engages in territorial extension is generally characterized by an international orientation revealing the EU to be engaged in action-forcing contingent unilateralism rather than the exportation of norms. The EU seeks to galvanize third country or global action to tackle transboundary problems and to pursue objectives that have been internationally agreed upon. The importance to the EU of this international orientation is clear from the criticisms that the EU has made of extraterritoriality and territorial extension in United States lawKeywords
This publication has 10 references indexed in Scilit:
- EU Climate Change UnilateralismEuropean Journal of International Law, 2012
- Trading Places: The Role of the United States and the European Union in International Environmental PoliticsComparative Political Studies, 2009
- Territoriality in American LawPublished by Oxford University Press (OUP) ,2009
- Territory, Territoriality, and the Resolution of Jurisdictional ConflictThe American Journal of Comparative Law, 2009
- Law's Migration: American Exceptionalism, Silent Dialogues, and Federalism's Multiple Ports of EntryThe Yale Law Journal, 2006
- The product/process distinction - an illusory basis for disciplining 'unilateralism' in trade policyEuropean Journal of International Law, 2000
- What's so bad about unilateral action to protect the environment?European Journal of International Law, 2000
- Law's Territory (A History of Jurisdiction)Michigan Law Review, 1999
- Us Extraterritorial Jurisdiction: The Helms-burton and D'Amato ActsInternational & Comparative Law Quarterly, 1997
- European Communities: Comments on the U.S. Regulations Concerning Trade with the U.S.S.R.International Legal Materials, 1982