PhD student: Mrs M. Koekkoek

Promotors: Prof G. van Calster, Prof C.M. Ryngaert

Duration: 15/10/2013 - 14/10/2017

Abstract:

The extent of state jurisdiction for the purpose of promoting or protecting environmental objectives is an outstanding question in public international law. Trade-Related Environmental Measures (TREMs) pursuing an objective extraterritorially pose a specific jurisdictional challenge. They are unique in that the applicable legal framework consists of principles from international trade law, international environmental law and the general law on jurisdiction. Despite its academic and practical importance, the question remains unanswered how principles from these different areas of law should be balanced and what an appropriate approach to extraterritoriality would be. This research will analyze the approach to extraterritoriality in international trade law applicable to TREMs. It will seek to contribute to the development of a less ambiguous understanding of the jurisdictional limitations of trade measures, by reconciling principles of international trade law with contemporary environmental challenges.