Joanne Scott (University College London – Faculty of Laws) has posted Unilateralism, Extraterritoriality and Climate Change (D. Farber & M. Peeters, Climate Law Encyclopedia (Edward Elgar, 2015 Forthcoming)) on SSRN. Here is the 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.