Course Outline Prof. Scott The general course this year will explore the global reach of EU law. The primary focus of this course will be upon the way in which the EU uses its legislation to shape foreign conduct and/or foreign law. The emphasis will be on EU unilateralism, although some elements of bilateralism/regionalism will also be addressed. The general course will introduce key concepts such as extraterritoriality and norm diffusion and place these concepts in the context of broader debates in legal scholarship. While the main focus will be on EU regulation of product markets, attention will also be paid to the private international law dimensions of this topic. The final class will seek to draw the discussions together by encouraging students to develop administrative law doctrine to shape and discipline extraterritoriality and territorial extension in EU law. The general course is intended to perform two functions. First, it is intended to provide a backdrop to the specialised courses offered in the second week of the European Law Summer Academy. These will also address the theme of the global reach of EU law. These specialized courses will look in greater depth at the multilateral dimension of this topic and at specific topical and controversial case studies. Second, the general course will itself include a case study in the area of climate change law and environmental law more generally. As students will be aware, the climate change domain has given rise to some well-known examples of territorial extension in EU law. The most notable concerns the EU's decision to include international aviation within its emissions trading scheme. We will evaluate EU climate change unilateralism in the light of recent developments including the conclusion of the Paris Agreement on Climate Change in December 2015. If you have any questions in advance of the start of the general course, please do not hesitate to get in touch (
[email protected]).
Class List 1. The Global Reach of EU Law: An Introduction
Reading Essential Reading F. Gilardi, ‘Transnational Diffusion: Norms, ideas and policies’ in Walter Carlsnaes, Thomas Risse and Beth Simmons (eds), Handbook of International Relations (2012) at: Gilardi A. Bradford, ‘The Brussels Effect’ (2012) 107 Northwestern University Law Review 1 at: Bradford Supplementary Reading S. Lavenex, ‘The Power of Functionalist Extension. How EU Rules Travel ‘ (2014) 21 Journal of European Public Policy 885 at: Lavenex D. De Bièvre & A. Poletti ‘The EU in trade policy: from regime
shaper to status quo power’ G. Falkner & P. Müller (eds.), EU Policies in a Global Perspective: Shaping or Taking (Routledge, 2013) at: de Bievre C. Titi, ‘International Investment Law and the European Union: Towards a New Generation of International Investment Agreements’ (2015) 26 EJIL 639 at: Titi (and response by M. Paparinskis at: Paparinskis) 2. Extraterritoriality and Territorial Extension in EU Law
Essential Reading J. Scott, ‘Extraterritoriality and Territorial Extension in EU Law’ (2014) 62 American Journal of Comparative Law 87 at: Scott Supplementary Reading N. Krisch, ‘The Decay of Consent: International Law in an Age of Global Public Goods’ (2014) 108 American Journal of International Law 1 at: Krisch J. Scott, ‘The New EU “Extraterritoriality”’ (2014) 51 Common Market Law Review 1343 at: Scott What’s Wrong with International Law? (Brill, 2015) at: Ryngaert
3. Case Study: Climate Change
Essential Reading J. Scott & L. Rajamani, ‘EU Climate Change Unilateralism’ (2011) 23 European Journal of International Law 469 at: Scott & Rajamani Extracts from EU Legislation concerning aviation and ETS (see bundle) Paris Climate Change Agreement, Articles 4, 13 & 14 at: Paris Agreement Case C-366/10 Air Transportation Association of America, paras. 101-130 at: Air Transport Case Supplementary Reading
4. Case Study: Environment/Animal Welfare
J. Scott, ‘The Geographical Scope of the EU’s Climate Change Responsibilities’ 17 Cambridge Yearbook of European Legal Studies 92 at: Scott Essential Reading Regulation 1026/2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing nonsustainable fishing at: Fishing Regulation
Regulation 1257/2013 on ship recycling at: Ship Recycling Regulation Regulation 1007/2009 on trade in seal products at: Seals Regulation Regulation 995/2010 laying down the obligations of operators who place timber and timber products on the market at: Timber Regulation Supplementary Reading M. Young, ‘Trade Measures to Address Environmental Concerns in Far Away Places’ (2014) 23 RECIEL 302 at: Young Overdevest, C. and Zeitlin, J. ‘Assembling an experimentalist regime: Transnational governance interactions in the forest sector. (2014) 8 Regulation & Governance 22 at: Overdevest & Zeitlin Elisa Morgera, Sikina Jinnah 'Environmental Provisions in American and EU Free Trade Agreements: A Preliminary Comparison and Research Agenda' (2013) 22 Review of European Community and International Environmental Law 324-339 at: Jinnah & Morgera
5. The Role of Private International Law
Case C-592/14, European Federation for Cosmetics Ingredients at: Cosmetics Case (not yet decided) Essential Reading A. Mills, ‘Private International Law and EU External Relations: Think Local Act Global, or Think Global Act Local?’ (2016) ICLQ (forthcoming, link to be added) G. van Calster, ‘The Role of Private International Law in Corporate Social Responsibility’ (2014) Erasmus Law Review 125 at: van Calster Supplementary Reading Directive 2014/95 as regards disclosure of non-financial and diversity information by certain large undertakings and groups at: Disclosure Directive
6. Evaluation: Towards an EU Administrative Law of ‘Extraterritoriality ‘
U. Grusic, ‘International Environmental Litigation in EU Courts: A Regulatory Perspective’ (2016) 34 Yearbook of European Law (forthcoming, link to be added) Essential Reading WT/DS58/AB/R US – Import Restrictions on Shrimp, paras. 135end at: Shrimp-Turtle
Third Restatement (Foreign Relations) (1986), §402-404 at: 3rd Restatement Case C-424/13 Zuchtvieh-Export GmbH at: Zuchtvieh B. Cooreman, ‘Addressing Environmental Concerns through Trade: A Case for Extraterritoriality?’ (2016) 65 International and Comparative Law Quarterly 229 at: Cooreman Supplementary Reading Hertogen, ‘Letting Lotus Bloom’ (2015) 26 European Journal of International Law 901 at: Hertogen L. Quaglia, ‘The Politics of 'Third Country Equivalence' in PostCrisis Financial Services Regulation in the European Union’ (2015) 38 Western European Politics 167 at: Quaglia
