Pursuing Global Conservation Objectives Unilaterally: Lessons from the EU Deforestation Regulation on Designing Measures that Respect the Interests of Third Countries

Abstract

States have agreed to pursue ambitious environmental goals such as limiting the rise in global average temperature, halting the loss of biodiversity, protecting the oceans, curbing land degradation, and preventing pollution. In implementing these common objectives, some states take measures that have extraterritorial effects. These impacts sometimes lead to criticism from affected countries, which feel that their interests are being violated or neglected. This article analyzes the potential extraterritorial effects of the European Union’s Deforestation Regulation (EUDR) and assesses the complaints lodged by Indonesia against it. It will use the development of the EUDR as a case study to learn about the issues arising from environmental measures with extraterritorial effects designed to implement internationally agreed environmental objectives. It will also attempt to draw some general conclusions on how states can unilaterally advance these goals while respecting the legitimate interests of third countries.