Quotation Hollaus, Birgit. 2021. The EU in multilateral environmental compliance mechanisms: an outside view. Europe and the World: A Law Review. 5 (1), 1-15.


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Abstract

With reference to its unique characteristics, the European Union (EU) regularly requests a special position in treaty cooperation or external judicial control mechanisms. Recurrently, these requests are successful and lead to the EU being treated differently from other treaty parties. These situations have been captured by the concept of ‘European exceptionalism’. EU requests for special treatment can also be witnessed in the supportive and facilitative procedures of compliance mechanisms in international environmental law. In those mechanisms, however, EU requests for special treatment are subject to careful scrutiny, and are even met with strong opposition by treaty institutions and treaty partners. Taking a closer look at the EU’s participation in compliance mechanisms, the present article discusses how certain unique EU characteristics may prompt an EU request for special treatment under compliance mechanisms and explores how compliance institutions and treaty partners have treated existing requests so far. With this outside perspective of non-EU actors, it is possible to understand where such requests can be successful and where they fail to be. In this way, the insights gained permit reflection upon the EU’s participation in compliance mechanisms and whether it truly constitutes a further phenomenon of ‘European exceptionalism’.

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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Journal article
Journal Europe and the World: A Law Review
Language English
Title The EU in multilateral environmental compliance mechanisms: an outside view
Volume 5
Number 1
Year 2021
Page from 1
Page to 15
Reviewed? Y
URL https://www.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.33
DOI https://doi.org/10.14324/111.444.ewlj.2021.33
Open Access Y
Open Access Link https://www.scienceopen.com/hosted-document?doi=10.14324/111.444.ewlj.2021.33

Associations

People
Hollaus, Birgit (Details)
Organization
Urban Management and Governance (Madner) (Details)
Institute for Law and Governance IN (Details)
Research areas (ÖSTAT Classification 'Statistik Austria')
5235 International law (Details)
5240 European law (Details)
5242 Environmental law (Details)
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