O conceito de extraterritorialidade e sua aplicabilidade nas normas ambientais europeia: Regulamento (UE) 2023/1115 (EUDR), Estratégia do Prado ao Prato e Diretiva de Devida Diligência em Sustentabilidade Corporativa (CSDDD)

Abstract

The Extraterritoriality is a crucial tool used by the European Union (EU) to ensure the application of its environmental legislation in non-EU countries, aiming to achieve a global impact with its regulations. This thesis seeks to systematize the concepts of extraterritoriality, territorial extension, and the Brussels Effect, harmonizing them to explain how they apply to EU environmental legislation. By dissecting and clarifying the elements that form these concepts, it becomes possible to study their applicability in EU legal instruments, with a focus on the environmental domain. The research then analyses the main European regulations on the subject, namely Regulation (EU) 2023/1115 (EUDR), the Farm to Fork Strategy (part of the European Green Deal), and the Corporate Sustainability Due Diligence Directive (CSDDD). Their legal provisions are examined, and from the perspective of extraterritoriality, territorial extension, and the Brussels Effect, the study explains how these norms permeate such legislation, also referred to as Internal Environmental Measures with Extraterritorial Implications (IEMEIs). Therefore, the thesis discusses the impacts of these extraterritorial environmental regulations not only in environmental matters but also in the commercial sphere, weighing the positive and negative effects on non-EU countries.