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International environmental litigation in EU courts: a regulatory perspective

Grusic, Ugljesa 2016, International environmental litigation in EU courts: a regulatory perspective, Yearbook of European law, vol. 35, no. 1, pp. 180-228, doi: 10.1093/yel/yew003.

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Title International environmental litigation in EU courts: a regulatory perspective
Author(s) Grusic, Ugljesa
Journal name Yearbook of European law
Volume number 35
Issue number 1
Start page 180
End page 228
Total pages 49
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2016
ISSN 0263-3264
2045-0044
Summary This article argues that the rules of European private international law, which frame international litigation in the courts of the Member States of the EU, fail in their pursuit of the cosmopolitan goals of EU environmental policy. The practical operation of these rules is limited to the following two types of case: (1) the case of victims suing an operator whose actions in one country directly cause environmental damage elsewhere, and (2) the case of victims suing a European-based multinational corporation operating in an extraction or chemical industry whose overseas subsidiary, typically in a developing country, causes environmental damage. By arguably not accommodating claims by public authorities against foreign operators, including from other Member States, which are crucial in cases of pure environmental damage, and cases of the second type in industries other than extraction and chemical, European private international law fails to fully achieve its regulatory potential. Furthermore, the rules of European private international law have the effect of raising the level of environmental protection solely within the EU and at its borders in the first type of case and shielding European multinational corporations from liability for the environmentally detrimental and degrading effects of their overseas operations in the second type of case. These rules are therefore an inadequate tool of global governance. Avenues for improving the law are mentioned.
Language eng
DOI 10.1093/yel/yew003
Field of Research 1801 Law
Socio Economic Objective 0 Not Applicable
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, The Authors
Persistent URL http://hdl.handle.net/10536/DRO/DU:30093415

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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