Forest conservation as a common concern: EU Regulation on Deforestation‐free Products in the light of public international law.

To curb its global deforestation footprint, the European Union (EU) enacted the Regulation on Deforestation‐free Products (EUDR). The EUDR highlights the tension between forest conservation as interest of the international community and sovereignty over forest resources, bringing about the dilemma of who should bear the cost of action. It has, thus, proven to be controversial with the EU's trade partners. Framing forest conservation as a common concern, I assess this tension by analysing the EUDR against selected aspects of public international law. I argue the key question is not whether but how the EU should regulate its global deforestation footprint. The substantial connection between the EU and global forest loss legitimises the EUDR with its 'extraterritorial effect'. However, the EU should exercise jurisdictional self‐restraint to account for the interests of States sharing the regulatory space, in line with the proportionality principle and respect the principle of common but differentiated responsibilities and respective capabilities. [ABSTRACT FROM AUTHOR]