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(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 479-511 | Article | (Table of Contents) I. Introduction. – II. EU climate policy and its impacts on third countries and persons living therein. – II.1. EU climate policy and its impacts on the sovereignty and economies of third countries. – II.2. Climate action and inaction and their impacts on human rights. – II.3. EU climate policy and its impacts on the human rights of persons living in third countries. – III. From impacts to legal obligations: extraterritorial human rights obligations in the context of climate change. – III.1. Extraterritorial human rights obliga-tions: a primer. – III.2. Recent judicial and quasi-judicial developments in the area of climate change. – IV. Pulling the threads together: the extraterritorial human rights obligations of the EU in the area of cli-mate change. – IV.1. Does the EU have extraterritorial human rights obligations? – IV.2. Enforcing the extraterritorial human rights obligations of the EU in the area of climate change: obstacles and ways forward. – V. Conclusion. | (Abstract) While it is by now recognised that climate change is having and will increasingly have a devastating im-pact on human rights and that ill-conceived climate action can also have adverse repercussions, the legal implications of these dynamics are still debated. This is particularly the case for the apparent in-compatibility between the global nature of climate change and the primarily territorial nature of States’ human rights obligations. In this context, the potential human rights obligations of the European Un-ion (EU) towards persons living in third countries when it acts – or refrains from acting – to counter cli-mate change have been particularly neglected, notwithstanding the major role played by the EU in both contributing to and mitigating climate change. Accordingly, the Article aims to shed light on the existence and extent of EU extraterritorial human rights obligations in the area of climate change. After exploring the wide array of EU climate measures and their extensive impacts on third countries and persons living therein, the Article offers an overview of the historical evolution and current state of ex-traterritorial human rights obligations in general and in the context of climate change specifically, pay-ing special attention to recent judicial and quasi-judicial developments. The Article then points to a number of peculiarities of the EU legal framework and EU climate policy to conclude that, notwith-standing potentially significant enforcement obstacles, the EU legal order could be readier than others to recognise extraterritorial human rights obligations when EU institutions act (or not) in the area of climate change.

The concept of jurisdiction is often said to encapsulate the very essence of human rights “qua normative relationship between rights holders and institutions as dutybearers” (Besson, 2012; 860). Twenty-first century human rights jurisprudence has highlighted one of the most contentious issues in relation to jurisdiction: the limits that human rights place on State behaviour outside national territory. In the context of migration, the extraterritorial application of human rights is a particularly critical concern. Loss of life on the high seas, refoulement at sea, and the striking systematic ineptitude of search and rescue operations by European countries have placed the debate on extraterritoriality at the heart of the human rights discourse on migrants and refugees. This Paper will compare and contrast extraterritoriality at the European Court of Human Rights and the Human Rights Committee (HRCttee), in order to put their jurisprudence into perspective and assess the current state of the law. A functional account of jurisdiction will be supported, whereby the State should protect human rights wherever in the world it operates, and whenever it can reasonably do so. Through a comparative analysis, I will argue that the principles of universality and effectiveness render extraterritorial applicability a necessary doctrine in human rights law. By juxtaposing the ECtHR with the HRCttee, I will illustrate the wide acceptance of extraterritoriality in the migration context, highlight the needs for improvement in future jurisprudence, and justify the functional approach to human rights protection that this Paper advocates.

This paper gives an overview of the new European Union's Corporate Sustainability Due Diligence Directive (CSDDD), its relation to the German Supply Chain Due Diligence Act (LkSG) from 2021, and the systematic background of both acts. The article contradicts criticism of the extraterritorial effects of the acts, underlining a legislative purpose as part of the national business law regarding fair competition and consumer protection besides the purpose of improving life conditions. The acts are part of an international socially responsible business law. The CSDDD is introducing a new specific civil liability provision. It also brings significant advancements in conflict-of-law principles by introducing mandatory liability norms that apply regardless of jurisdiction. Implementing due diligence obligations in complex international supply chains poses challenges for companies, requiring robust risk management systems and ongoing adjustments. This strict regulation must be balanced with the practical feasibility of Corporate Social Responsibility duties, and a reasonable allocation of responsibilities must take place without risking that the effect of the legislation will stay behind formalistic compliance requirements. The concept of organizational responsibility plays a core role in this balancing process. [ABSTRACT FROM AUTHOR]

The transplantation of European legal systems in the periphery often occurred via semi‐colonial institutions, where Europeans were subject to their own jurisdictions that placed them outside the reach of local courts. In nineteenth‐century Egypt, the option of extraterritoriality was extended to local non‐Muslims. Drawing on Egypt's population censuses in 1848 and 1868, we show that locals did not seek extraterritoriality to place themselves under more efficient jurisdictions. Rather, legal protection mitigated uncertainty about which law would apply to any contractual relationship in an environment where multiple legal systems co‐existed and overlapped. [ABSTRACT FROM AUTHOR]

This article considers the extraterritoriality of the General Data Protection Regulation (GDPR) and its effect on Gulf Cooperation Council (GCC) businesses. Given the robust economic ties to the European Union (EU), many GCC businesses fall under the scope of the GDPR. This article argues that the territorial gateways through which the GDPR applies are much wider than might be thought and so may capture many GCC businesses, and that while the personal data protection laws in the GCC countries have been influenced to varying degrees by the GDPR, there are significant disparities, especially regarding their approach to data protection. This suggests that the level of data protection in the GCC countries is not equivalent to that offered by the GDPR. The article is divided into six sections, covering the EU's data protection laws, framework evolution, GDPR's impact on GCC businesses, and GCC's data protection framework. [ABSTRACT FROM AUTHOR]

This article examines a dispute between a French missionary hospital and Ottoman state officials over water and cultivated fields in Şişli, a periphery of Istanbul. It uses micro-history to illuminate the spatial and material implications of extraterritoriality and to reveal the role this legal privilege played in the urbanization of Ottoman cities. While European residents within Ottoman territory conceived of extraterritoriality as allowing geographic enclaves, Ottoman authorities resisted the legal fragmentation of the city and considered that all natural resources remained under the sultan's sovereignty. These diverging understandings of extraterritoriality, in the context of asymmetric relations between European powers and the Ottoman empire, framed an urban dispute that resulted in sanitation reforms, the construction of walled enclosures, and negotiations to clarify the property rights of foreigners. In the process, Şişli became incorporated as an urbanized neighborhood of Istanbul. [ABSTRACT FROM AUTHOR]

Background: The European Court of Justice recently annulled Council Decision (EU) No. 2019/217, which had authorised the conclusion of an agreement—in the form of an exchange of letters—between the European Union and the Kingdom of Morocco. This agreement initially extended coverage of preferential trade treatment between the two parties to products originating in Western Sahara and subject to the control of Moroccan customs authorities. The ECJ’s ruling has removed those trade preferences and imposed a de facto EU embargo on the region. This article critically discusses the ECJ’s ruling on both legal and policy grounds. From a legal standpoint, the ECJ’s decision foregoes consideration of notions of sovereignty applicable to Western Sahara in virtue of Islamic law, which would have led to recognition of its enduring ‘allegiance’ to Morocco. Moreover, the same decision amounts to an instance of extra-territorial application of EU law and infringes the principle of indivisibility of agreements. From a policy standpoint, by acknowledging standing in virtue of mere non-State armed military presence, the ECJ’s ruling has offered to terrorist groups and rebel militias—in a context of profound instability in the Sahel region—a blackmail strategy vis-à-vis regional governments. Methods: This critical review uses the descriptive approach to outline, analyse, interpret, and criticise the 2021 ECJ ruling, which denies preferential trade treatment to products from the Western Sahara region, even when under the control of Moroccan customs authorities, while Moroccan products continue to receive such treatment. Results and conclusions: The European Court of Justice partially used the concepts of international law as it paid no regard to the concept of sovereignty in the Islamic world, which is connected to tribe, allegiance and loyalty. Further, extending the application of the European Law to a third state, which has several agreements with the European Union, must be devoid of any political dimension affected by regional conflicts and international balances. The enforcement of the referred ruling is tantamount to the economic embargo on the Western Sahara Region, which will inevitably affect the security situation thereof and thus bring it closer to the influence of terrorist groups. [ABSTRACT FROM AUTHOR]

Tortious actions brought against companies for the violation of human rights and/or environmental damage have raised important issues of jurisdiction and choice of law. Damage caused abroad by subsidiaries of European companies or the possibility of bringing actions against non-European companies for damage caused outside of the European union have been referred to in terms of extraterritoriality. This paper examines these issues in relation to the proposed directive on corporate sustainability due diligence. [ABSTRACT FROM AUTHOR]

This paper conducts a study into the exercise and development of US structural power in the global semiconductor industry and offers a geoeconomics explanation for US dominance in the sector. It emphasizes the role of legal jurisdiction and spatial dimensions of technological development in perpetuating US structural power in global semiconductor value chains. The goal of this paper is to apply the concept of extraterritoriality to the study of structural power; how it is acquired, and how it is used. It explains why we should consider extraterritoriality as a feature of US structural power in International Political Economy (IPE) and suggests three features to help illuminate the concept: Power in global value chains, legal-jurisdictional power, and alliance-based power. The paper first explains how the US acquired the policy tools and leading market position for projecting extraterritorial power in the semiconductor industry during the late twentieth century, how it then utilized its structural privileges to target Chinese technology firms, and finally, the current and potential constraints on its deployment based on the reactions of Chinese and US transnational corporate actors. [ABSTRACT FROM AUTHOR]

This paper discusses the role of the third-country regime and equivalence from the Swiss perspective. It provides an analysis of the evolution of the Swiss approach. The various reactions to EU developments have ranged from the attempt to implement a reciprocity principle, to the resort to unilateral recognition. An overarching purpose of the Swiss equivalence framework has consisted of the relentless pursuit of a competitiveness objective. Yet the decline of equivalence as a market access mechanism has led to favouring other market access routes. This paper concludes that the recent reforms have initiated a roadmap towards an increasing autonomy of Swiss financial market law. [ABSTRACT FROM AUTHOR]

This paper is inspired by recent analyses of the nature of imperial power that unbundle it from the modes of global governance performed by European rulers in the 'Age of Empire'. While maintaining the defining features of the concept, it argues that today's global Pax Americana is constituted by a variety of legal regulatory instruments that define the topography of an imperial regime through strategies of inclusion/exclusion that dilute the national and economic sovereignty of the targeted community or state. The argument is fleshed out by applying it as a grille de lecture to four existing case studies published by historians of science and technology, including my own. The regulatory systems they describe evolved from a classic metropolitan-periphery mode of colonial subordination (in the case of Hawaiʻi in the early twentieth century), through a US–UN brokered legal status of strategic trusteeship to legitimate the use of the Marshall islands to destructively test weapons after World War Two, to the use of export controls and other regulatory instruments to control the transnational flow of US-origin knowledge, know-how and technical data in the nuclear and commercial fields. [ABSTRACT FROM AUTHOR]

This paper considers whether UK corporate insolvency law and the UK Insolvency Act 1986 have extra-territorial effect post-Brexit, and whether – and to what extent – it is for the courts or the legislature to extend any extra-territorial effect. It does not deal with 'inward recognition', ie the recognition of foreign judgments and orders in the UK. Brexit has left something of a vacuum and provisions which might otherwise have applied extra-territorially, at least within the EU, may now have been deprived completely of extra-territorial effect. But all is not lost and Brexit here presents opportunities. There is room for clarifying that particular provisions which might otherwise have discriminated between EU application and application vis-à-vis the rest of the world can now be given a uniform global interpretation. Courts should, however, proceed incrementally in extending the extra-territorial scope of UK corporate insolvency law. A bolder reform would be to enact legislation that specifies the exact extent to which the UK Insolvency Act applies extra-territorially. Legislation obviously depends on parliamentary time and requires detailed drafting but also provides the opportunity for the UK to showcase that it remains at the forefront of international insolvency developments. [ABSTRACT FROM AUTHOR]

Migration is one of the frontier areas for rethinking the way in which human rights obligations are typically allocated. Not only is migration externalised and privatised, it is also a consequence of structural global inequalities. But complexity cannot be an excuse for lack of human rights accountability. Nor is there an unchecked mission creep: if human rights are indeed universal, there is no other option but to fill post-territorial gaps in human rights protection.

This contribution determines to what extent the international law obligations of due diligence, the no harm principle or the principle sic utere tuo ut alienum non laedas can be relied upon today to advance extraterritorial obligations of states towards migrants. Crucially for this purpose, the due diligence obligation is not limited to individuals within the jurisdiction of a State. Rather, States must ensure that activities within their jurisdiction do not cause serious harm to individuals in the territory of another State or to common interests of the international community.

States use mechanisms such as visas, maritime interdiction operations, pushback practices to unsafe countries to prevent migrants from reaching their shores, applying for asylum, or invoking fundamental rights guarantees. This raises the question of whether and to what extent States have extraterritorial obligations towards migrants who have not yet reached the territory of destination countries. By focusing on recent practices in the Mediterranean, this post addresses this overarching question.

This article offers a reconstruction of how the Court of Justice of the European Union (EU) justifies the territorial scope of application of EU law. Scholarship on this issue tends to advocate for an expansive projection of EU norms in the pursuit of global values, subject to the external limits of public international law. This article will develop a critique of this approach by pointing to its underlying assumptions as to the territorial dimension of the EU's rule, the insoluble practical issues that it leads to, and the need to consider differently the EU's spatial identity and relation to the wider world. It will also be argued that, in fact, other case law sometimes already reflects an alternative vision, by imagining the EU implicitly, not as a 'global actor' promoting universal values, but as a concretely situated and spatially bounded community. It will be shown that this is so with the methodological help of private international law, and in particular three doctrines that are traditional to this discipline—the localisation of cross-border relations, international imperativeness, and the public policy exception. This will ultimately allow for a more sophisticated understanding of the EU's territory to emerge—irreducible to the physical coordinates of its acts of intervention, or the mere sum of the physical spaces under Member State sovereignty, but as a distinct space of social relations, informed and delineated by the particular axiology and structure of the EU legal system. [ABSTRACT FROM AUTHOR]

This article examines the principle of territoriality in intellectual property rights (IPR s) and its implications for cross-border infringement proceedings. It highlights the complexities arising from globalization and digital technologies, which challenge the traditional territorial nature of IPR s. The article compares jurisdictional approaches in the United States, the European Union, Korea, noting the strict adherence to territoriality in validity disputes and the varied stances on infringement claims. It also explores the innovative measures adopted by national courts, particularly in the context of Standard Essential Patents (SEP s), to extend their jurisdiction while respecting territorial limits. The article underscores China's pragmatic approach, balancing respect for territoriality with judicial efficiency, and its proactive role in setting global FRAND terms for SEP s. The analysis suggests that while territoriality remains a fundamental principle, evolving judicial practices are adapting to the demands of a globalized economy. [ABSTRACT FROM AUTHOR]

The presence of Asia in the global arena has become notable due to its thriving economy. Arguably, it is time to consider how private international law (or conflict of laws) should develop in Asia and what kind of opportunity it can engender, considering that private international law has the potential to promote economic and legal cooperation without unifying substantive law. First, this paper considers the role of the Hague Conference on Private International Law (HCCH) and the varying significance of its conventions on judicial assistance, litigation, and child protection in the pursuit of private international law unification in Asia. Second, this study elaborates and supports the use of non-binding instruments (or soft law) – model laws, principles, legislative guides, etc. – as a fallback method of harmonizing private international law. Third, this paper examines the increasing extraterritoriality of regulatory norms of the US, the EU, China, and other countries in the global market. This will clarify the problems of conflicting, overlapping regulations and allow scrutiny of potential pathways to restrict the exercise of the states' prescriptive jurisdiction. Some future perspectives will conclude this study. [ABSTRACT FROM AUTHOR]

In this article we wish to point out – using the metaphor of a marital crisis – some of the reasons behind the growing conflict between digital technologies and the law. We identify various causes: Over the last years there has been a radical change in roles: once one looked at the law for solutions, now they are searched in digital technologies, seen as very efficient instruments of governance. Legal instruments are inadequate to cope with a phenomenon in constant evolution, and whose economic and socio-political weight is immense. Digital actors have become the most effective law makers, with rules not only prescriptive but directly executable. Our conclusions are that: The digital has changed international relations. We see "digital empires" and "digital colonies": the EU has gradually fallen in the latter category. The EU approach, expressed by thousands of normative provisions, is ineffective and will be counter-productive in respect of its objectives. It would be preferable to adopt a "general principles" model able to govern not only the present issues but also the changes expected in the next years. [ABSTRACT FROM AUTHOR]

The article examines the foreign experience of digitalization of public services. The object of the study is social relations that are formed in the field of providing electronic public services in developed countries. The subject of the study is Ukrainian and international legal norms regulating relations in the field of providing electronic public services. The specificity of the selected objects and the subject of research determine the methodological basis. To achieve the goal and solve the set tasks, general scientific methods of cognition were used: induction and deduction, the method of analysis and synthesis, abstraction, system-structural approach, historical and logical methods, special legal methods: formal-legal, comparative-legal, system-structural and system-functional. The essence of the state and its social purpose are decisive in determining the direction of the state’s activities, its goals and objectives in the field of providing public services using digital technologies. It was determined that the introduction of digital platforms and services allows systematizing and optimizing the processes of providing public services, shortening the terms of providing services and improving the quality of their provision. The main areas of activity of the authorities of the countries of the European Union - Malta, Estonia, Luxembourg, Sweden, Austria, Latvia, Finland, the Netherlands, Ireland, Portugal, Denmark, the Federal Republic of Germany, Spain - are indicated, aimed at the implementation of digital technologies in public administration, including regarding the provision of state (administrative) services. The positive and negative aspects of the provision of state (administrative) services with the help of end-to-end technologies of interaction of service providers and information and communication technologies are indicated. The measures that should be implemented by Ukraine in order to optimize and convert public services into digital form are outlined. Further research should be directed to the study of the functioning of digital platforms as a technological infrastructure for the provision of digital services. [ABSTRACT FROM AUTHOR]

Copyright of Revista Española de Derecho Internacional is the property of Asociacion Espanola de Profesores de Derecho Internacional y Relaciones Internacionales (AEPDIRI) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The EU Blocking Regulation intends to exclude the effects of extraterritorial legislation by third countries and, in particular, those of US economic sanctions, to protect the interests of economic actors in the EU. The goals of the Regulation—effective enforcement of EU law and the protection of the interests of EU economic actors—give rise to an enforcement paradox: a lack of enforcement by the Commission and the state authorities. The Bank Melli case not only demonstrates a shift in the enforcement of the Blocking Regulation to private parties but also sheds light anew on the doubts about its ability to protect private interests. [ABSTRACT FROM AUTHOR]

States’ extraterritorial jurisdiction was one of the hot topics decided by the European Court of Human Rights (ECtHR) in Duarte Agostinho. Strictly speaking, the “lack of it” led the ECtHR to declare the complaint inadmissible with respect to all defendant States except Portugal. This finding is in line with previous ECtHR case law but highlights a gap in human rights protection and creates a mismatch between the ECtHR’s case law and that of the Inter-American Court of Human Rights (IACtHR) and the UN Committee on the Rights of the Child (UNCRC).

Based on an in-depth, qualitative case study about a conflict between governmental authorities from the United States and Switzerland over the regulation of Swiss banks, we introduce indirect compellence as a novel triadic and indirect mechanism through which coercion leads to institutional change. Hostage-taking being a prototypical example, indirect compellence is typified by a coercive actor who takes a third party hostage to gain influence over a targeted actor. In our case, it meant that U.S. authorities (coercers) compelled Swiss policy makers (targets) to erode the famed Swiss banking secrecy rules by threatening the targets to otherwise enforce U.S. law extraterritorially against Swiss banks and bankers (hostages). Our constructivist and target-centered perspective explains this type of coercive pressure in detail, and it also suggests that targeted policy makers judge and respond to it contingent on their political ideologies. Our study contributes to research on power and influence in institutional environments and to research on global business regulation and transnational governance. Most generally, it also expands scholarly understanding of triadic relationships. In contrast to Simmelian perspectives' focus on triads in which the third party is in a powerful brokerage position and frequently benefits as a tertius gaudens, our study suggests that the third party can also become a rather powerless tertius miserabilis who suffers rather than benefits from others' conflict. [ABSTRACT FROM AUTHOR]

This paper outlines a range of factors associated with extradition and transnational online intellectual property offending by examining the Australian case of Hew Griffiths. In documenting key legal issues from available domestic and international verdicts examining this case, we show how broad legislative drafting in Australia works alongside the decision to initiate conspiracy charges to favour extradition. We also examine how Australian legal requirements that remove the presumption of bail for transnational fugitives limit the prospect of mounting a fair defence against extradition and during a foreign trial, and the limited direct impact of determinations by the United Nations Human Rights Committee on these national processes. We critically discuss the implications of these rulings in the Griffiths case in light of the evolving role of extradition law in a digital age and their implications on theories of criminal jurisdiction founded on the principle of extraterritoriality. [ABSTRACT FROM AUTHOR]

Copyright of Thélème is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This piece aims to assess the potential contribution and the scope and structure of a Catalan Centre for Business and Human Rights to supervise the fulfilment of the corporate responsibility to respect human rights and to hold businesses operating in Catalonia accountable for human rights abuses within the autonomous community and abroad. It also examines how this proposal fits into the regional and national regulatory landscape for mandatory human rights due diligence. [ABSTRACT FROM AUTHOR]

Securitas. Debating Inviolability and Immunity in the Legal and Political Theory of Diplomacy, Thirteenth to Eighteenth Century. The essay examines the legal aspects of the transformation of the rules governing the protection of diplomatic agents from the ancient law of hospitality into treaties guaranteeing extraterritoriality. The transformation involved the shift of the derivation of these rules from natural to positive law around 1800. In material respects, it entailed the recasting of diplomatic agents catagorised as a specifically vulnerable group of professionals into a group of specially privileged representatives of sovereign states and their perceived interests. [ABSTRACT FROM AUTHOR]

En 1872 se produjo una controversia jurídico-diplomática entre Japón y Perú debido a que un juez japonés ordenó la liberación de los inmigrantes chinos a bordo del barco peruano María Luz. Dicha controversia supuso la primera ocasión en que se cuestionó la validez del régimen de extraterritorialidad que se había impuesto a China y Japón durante la segunda mitad del siglo XIX, en virtud del cual se eximía a los ciudadanos de un conjunto de países occidentales del alcance del Derecho y la jurisdicción de las autoridades chinas y japonesas. El desenlace de la controversia condujo, a su vez, al establecimiento de relaciones diplomáticas entre el Perú y el Imperio Qing, entablándose por primera vez relaciones bilaterales entre un país latinoamericano y China y Japón. Este artículo, a partir del examen de la controversia suscitada en torno al incidente del María Luz, analiza el cuestionamiento de los Tratados Desiguales impuestos por los Estados occidentales a China y Japón durante la segunda mitad del siglo XIX; abordando a su vez el establecimiento de relaciones diplomáticas entre estos dos países asiáticos y Perú y la inmigración china a este último país. Se presta particular atención al surgimiento de las ideas de Estado-Nación en China y Japón en el contexto del cuestionamiento de la extraterritorialidad.

This paper explores the intersections and overlaps between state capitalism and global production networks. A key feature of the so-called new state capitalism is the combination of state ownership and corporatisation, which creates a system that can be characterised as a hybrid of public–private governance in both corporate and network terms. Moreover, the internationalisation of state hybrids adds an extraterritorial dimension to the state, which can influence the configuration and governance of global production networks. This paper develops a conceptual framework (H–E–N) that foregrounds the relationships between hybrid governance (H), extraterritoriality (E) and global production network configurations (N), thereby promoting an integrated analysis of the implications of the new state capitalism for global production networks. This framework is mobilised to explain how state capitalism in Singapore has influenced the development of the city-state's position in upstream, midstream and downstream oil global production networks over the 1959–2019 period. The study demonstrates that hybrid governance, as part of a wider strategy of state capitalism, has been critical in the development of Singapore's position in oil global production networks. The hybrid nature of the institutional forms associated with state ownership – for instance state-owned enterprises and sovereign wealth funds – goes beyond market facilitation to encompass active state participation in markets. Hybrid governance not only allows the state to influence domestic outcomes but – through the extraterritorial strategies of hybrid entities – can also influence global production network configurations beyond its borders. [ABSTRACT FROM AUTHOR]

The present article addresses the unique legal and operational challenges encountered in the adoption of a human rights-based approach to climate change under international law. It examines the suitability for purpose of the international human rights regime and outlines the key steps to be taken in the requisite advancement of recourse to justice in climate matters. Five central challenges are addressed, namely, of the exclusivity of climate law and international human rights law, the operational barriers within the UN human rights system, specific legal challenges facing the UN Treaty Body mechanisms, the causation challenges associated with attributing responsibility for climate harm to states and, finally, the extraterritorial application of international human rights law. These challenges represent some of the most significant hurdles emerging through the literature and practice, which need to be overcome to enable international human rights law to better provide recourse to justice to climate-vulnerable states, groups and individuals. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 561-572 | European Forum Insight of 30 July 2022 | (Table of Contents) I. Introduzione. - II. Le misure restrittive contro l'Iran riattivate nel 2018 dagli Stati Uniti. - III. La risposta europea: l'aggiornamento del regolamento 2271/96. - IV. Il caso Bank Melli Iran. - V. La sentenza della Corte. - VI. Rilievi conclusivi. | (Abstract) On 21 December 2021, the Court of Justice decided the case Bank Melli Iran v Telekom Deutschland GmbH (case C-124/20, ECLI:EU:C:2021:1035), relating to the interpretation of Regulation 2271/96 protecting against the effects of extraterritorial application of legislation adopted by a third country, better known as the "blocking regulation". According to this Regulation, EU operators are inter alia bound to disregard the extraterritorial effects of US restrictive measures against Iran, and thus continue contractual relationship with Iranian counter-parts, irrespective of the risk of undergoing se-vere economic consequences under US law. In this context, the Court is required inter alia to strike a fair balance between the freedom to conduct business, including freedom of (and from) contract, as protected under art. 16 of the Charter of fundamental rights of the EU and the effectiveness of the blocking Regulation. A fundamental role, in this respect, rests on the judges of the Member States. As the Insight highlights, the case illustrates some of the main flaws in the application of the Regulation. More generally, it is pointed out that the protection afforded by the Regulation seems implemented mainly through "punitive" tools (such as direct effect and national sanctions) vis-à-vis the beneficiaries of the protection, i.e. EU operators. Also for this reason, the revision process of the blocking Regulation currently pending at EU level should be welcome, with a view to provide the EU legal system with more effective instruments to protect EU industry and citizens from the increasing pressure deriving from coercive practices and policies implemented by third countries.