Sandrine Maljean-Dubois and Matthieu Wemaëre
Estelle Brosset and Sandrine Maljean-Dubois
The European Union has gradually developed a comprehensive body of environmental legislation. Within this framework, climate change has been given a high priority and is a prominent area of the EU’s external and internal policy. In a fruitful interplay, the EU has driven the evolution of the international climate regime and tried to influence international negotiations. In turn, the international regime has urged the Union to establish common objectives and means to tackle climate change in order to implement its international commitments. EU legislation and the international climate regime have been in constant interaction and have evolved together. Their interactions played a major role in the shaping of EU regulatory climate action facing conflicting challenges of ambition, acceptability and effectiveness.
Marie-Pierre Lanfranchi and Sandrine Maljean-Dubois
Carina Costa de Oliveira and Sandrine Maljean-Dubois
‘Global public goods’, ‘common heritage’ and the ‘global commons’ are concepts used to describe elements of the political and legal regime concerning marine resources. In this chapter it is explained, however, that these concepts are limited when it comes to determining the obligations of states and of international organizations regarding marine resources conservation. The question of whether a duty of cooperation to protect the marine environment exists or not is considered; and limitations on the different concepts are discussed. It is then averred that – even if the intrinsic purpose of the concepts discussed can be questioned – these concepts currently dominate the debate on marine resources. Their existence, whether scientifically useful or not, can therefore not be denied or ignored. It is argued that, to understand what they can concretely offer to the legal discussions on marine resources, these concepts must be articulated with the more precise legal obligations such as the ‘obligation to cooperate’ and the ‘duty of due diligence’, as applied to marine resources. Accordingly, this chapter concludes by considering how these concepts could be combined and related to more concrete obligations in order to be made more effective.