Chapter 7: Domestic Law A. Unilateral State Action

The global environment itself knows no national boundaries. The activities of states affect the global environment whether or not those activities are regulated by international law or by domestic law or both. However, every student interested in the global environment must take into account the interface between domestic and international law. This Chapter's first essay reviews the considerations involved in the choices of states whether to act unilaterally or collaterally in regard to the environment. The second essay takes up the problems (of ``extraterritoriality'') that result when states, acting unilaterally, affect or preempt the environmental policies of other states. The problem of extraterritorial effects is further examined in the final essay in this Chapter, which takes the position that courts will generally find a presumption against extraterritoriality. The reader may ask whether such a presumption is desirable when global environmental effects are at issue.