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Unilateralism, Extraterritoriality and Climate Change

Scott, J; (2016) Unilateralism, Extraterritoriality and Climate Change. In: Farber, D and Peeters, M, (eds.) Climate Change Law. (pp. 167-177). Edward Elgar Green open access

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Abstract

It is increasingly common for states to adopt climate change legislation that includes within its scope greenhouse gas emissions that occur outside of their territory. This legislation is frequently characterized as extraterritorial and its appropriateness and legality is cast in doubt. Drawing upon Simon Caney’s distinction between first-order and second-order climate responsibilities, this chapter seeks to identify the circumstances in which it may be appropriate for states to extend the global reach of their climate change law. The chapter concludes by examining recent cases which shed light on the lawfulness of ‘extraterritorial’ climate legislation as a matter of domestic and international law.

Type: Book chapter
Title: Unilateralism, Extraterritoriality and Climate Change
ISBN-13: 978 1 78347 760 9
Open access status: An open access version is available from UCL Discovery
DOI: 10.4337/9781785369520
Publisher version: https://doi.org/10.4337/9781785369520
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher's terms and conditions.
Keywords: Extraterritoriality, Territorial Extension, First Order and Second Order Climate Responsibilities, Climate Change System Boundary, Common but Differentiated Responsibilities
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1509678
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