Expanding European Climate Policy to International Shipping

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Abstract

The European Union (EU) has extended its climate policy to greenhouse gas emissions from international maritime voyages that start or end at European ports. This chapter explores certain international law dimensions of the upcoming EU climate policy expansion to international shipping, with a focus on international climate law, the law of the sea, and customary international law of state jurisdiction. Although there are sufficient jurisdictional grounds for implementing climate regulations in the form of conditions for entering European ports, the EU’s climate policy for international shipping is not fully aligned with certain applicable legal limitations. Such limitations arise, among others, from the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC), which in this context, requires the EU to more carefully consider the potential economic impacts of its extended carbon pricing regulation on vulnerable countries. Suggestions are formulated to increase alignment with the CBDR-RC principle, while complying with other applicable legal limitations, such as the obligation of non-discrimination against foreign ships.
Original languageEnglish
Title of host publicationEU External Relations Law and Sustainability
Subtitle of host publicationThe EU, Third States and International Organizations
EditorsRamses A. Wessel, Jamile B. Mata Diz, Júlia Péret T. Társia, Saide Esra Akdogan
PublisherT.M.C. Asser Press
Chapter9
Pages203-223
Number of pages21
ISBN (Electronic)978-94-6265-655-0
ISBN (Print)978-94-6265-654-3
Publication statusPublished - Feb-2025

Publication series

NameGlobal Europe: Legal and Policy Issues of the EU’s External Action
Volume4
ISSN (Print)2666-4828
ISSN (Electronic)2666-4836

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