The Base Of Extraterritorial Application Of Environment Law

Environment pollution becoming much serious these days. And the internationalenvironment law does not provide comprehensive protection and can’ t be executivedirectly. So, extraterritorial application of environment law may be a reasonable andinevitability measure. Extraterritorial application of environment law means applyenvironment law to environment pollution conduct beyond the borders of the country.Generally, public laws apply only within the territorial jurisdiction of the nation, but thereare some exceptions: the affirmative intention of the congress clearly expressed, result inadverse effects within the nation, the conduct regulated by the government occurs withinthe nation and there are no clashes between the two nations. There are five situations inwhich a court has jurisdiction to prescribe laws that have international implications:(1)when the conduct takes place, wholly or in substantial part, within the country (geographicprinciple);(2) when the conduct affects the status of persons or things in the country;(3)when the conduct, although taking place outside the country, affects the country itself(objective territorial principle);(4)universal jurisdiction; and (5) beneficial principle.Theoretically, the needs of global governance, the environmental ethic of globalcommons, the responsibility of commercial, the new theory of state responsibility and theprinciple of international cooperation in international environmental law form therationality and legitimacy basses of extraterritorial application of environmental law.Besides, the trade protectionism under the global financial crisis stimulates the expansionof environmental law.Practically, the panel of the Report of Restrictive Exportation of Various RawMaterials concerning China and some other WTO members analyzed the legality andcondition of unilateral environment related trade measures. The case related to theDIRECTIVE2008/101/EC in Europe and the case of Environmental Defense Fund, Inc.v.Massey and others in US also relate to the application of environment law.Apply environment law extraterritorial may affect the interests of environment protection, the interests of free trade and the interests of international investment. It alsorelates to the value of apply environment law in and beyond the nation, so we need toconsider all the circumstances and interests. First, we should respect the foundation statueof territory efficiency. Then, we shall allow the extraterritorial application. We shouldmake our efforts to protect our environment as well as economic growth.