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Research Handbook on Transnational Environmental Law
This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. Varied perspectives from leading and emerging scholars are brought together to deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law.
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Critical Acclaim
Contributors
Contents
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This illuminating Research Handbook offers a detailed overview and critical discussion of the key themes and perspectives that characterize the burgeoning research area of transnational environmental law. It analyzes important sectors at the forefront of the field, including climate change and biodiversity.
Interdisciplinary and comprehensive, this Research Handbook provides stimulating and provocative discussions on transnational legal phenomena and the ways in which we can unpack their complexities. Bringing together varied perspectives from both leading and emerging scholars from around the world, chapters deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law. Contributors also pay special attention to the engagement of the field with multilevel governance and the involvement of non-state actors in legislative, regulatory and adjudicative processes.
Offering an accessible and broad-ranging guide to the field’s major themes and research strategies, the Research Handbook on Transnational Environmental Law will be an indispensable resource to scholars, students and practitioners in environmental and transnational law and social sciences seeking to understand the contributions of a transnational approach to environmental law.
Interdisciplinary and comprehensive, this Research Handbook provides stimulating and provocative discussions on transnational legal phenomena and the ways in which we can unpack their complexities. Bringing together varied perspectives from both leading and emerging scholars from around the world, chapters deliver methodological and conceptual frameworks for future research, whilst providing an original view on this emerging field of law. Contributors also pay special attention to the engagement of the field with multilevel governance and the involvement of non-state actors in legislative, regulatory and adjudicative processes.
Offering an accessible and broad-ranging guide to the field’s major themes and research strategies, the Research Handbook on Transnational Environmental Law will be an indispensable resource to scholars, students and practitioners in environmental and transnational law and social sciences seeking to understand the contributions of a transnational approach to environmental law.
Critical Acclaim
‘The Research Handbook on Transnational Environmental Law offers a striking illustration of the lag between a long-identified phenomenon of growing importance and the development of adequate conceptual categories to explain it and integrate it into the wider body of knowledge. Faithful to the specificity of EE Research Handbooks, this book is a major leap in closing this gap. It not only maps the field but also provides solid conceptual foundations for it. It is destined to be a classic.’
– Jorge E. Viñuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge, UK
‘This book provides a state-of-the-art guide to the dynamic new field of transnational environmental law scholarship, focused on critical, cross-cutting issues such as climate change, biodiversity loss and marine pollution. Under the expert editorial guidance of Heyvaert and Duvic-Paoli, leading and emerging scholars from around the world provide an engaging and accessible introduction to the field’s key concepts, tools and debates. This Research Handbook is an essential resource for all those interested in environmental law and its broader transnational dimensions.’
– Jacqueline Peel, The University of Melbourne, Australia
– Jorge E. Viñuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge, UK
‘This book provides a state-of-the-art guide to the dynamic new field of transnational environmental law scholarship, focused on critical, cross-cutting issues such as climate change, biodiversity loss and marine pollution. Under the expert editorial guidance of Heyvaert and Duvic-Paoli, leading and emerging scholars from around the world provide an engaging and accessible introduction to the field’s key concepts, tools and debates. This Research Handbook is an essential resource for all those interested in environmental law and its broader transnational dimensions.’
– Jacqueline Peel, The University of Melbourne, Australia
Contributors
Contributors: N. Affolder, S. Alam, E. Barritt, L. Benjamin, A. Čavoški, L. Chen, O. Dilling, L.-A. Duvic-Paoli, G. Ganguly, C. Gueiros, A. Hertogen, V. Heyvaert, S. Jodoin, S. Kingston, L.J. Kotzé, K. Kulovesi, J. Lin, T. Markus, E. Morgera, L. Parks, O.W. Pedersen, J. Penca, R.V. Percival, B.J. Richardson, M. Schroeder, J. Verschuurenm J. van Zeben
Contents
Contents:
Preface xiv
PART I A THEORY OF TRANSNATIONAL ENVIRONMENTAL LAW
1 The meanings of transnational environmental law 2
Veerle Heyvaert and Leslie-Anne Duvic-Paoli
2 Exploring transnational legal orders: using transnational environmental
law to strengthen the global regulation of black carbon for the benefit of
the Arctic region 18
Kati Kulovesi
3 An unknown past, an unequal present, and an uncertain future:
transnational environmental law through three research challenges 32
Natasha Affolder
4 Methodological challenges of transnational environmental law 48
Elisa Morgera, Louisa Parks and Mika Schroeder
PART II UNDERSTANDING TRANSNATIONAL ENVIRONMENTAL
GOVERNANCE
5 ‘Interglobalsuprasubandtransialidocious’: mapping and disentangling
transnational environmental governance 67
Till Markus and Olaf Dilling
6 Regulatory instruments of transnational environmental governance 88
Jerneja Penca
7 Transnational environmental regulation and evolving approaches to compliance 104
Aleksandra Čavoški
8 Transnational environmental governance before the courts 126
Suzanne Kingston
9 Facing the legitimacy challenge: law as a disciplining force for
transnational environmental governance 145
Josephine van Zeben
PART III CONSEQUENCES OF THE TRANSNATIONALIZATION OF
ENVIRONMENTAL GOVERNANCE
10 The transnationalization of environmental constitutionalism 159
Louis J. Kotzé
11 Regime interlinkages: examining the connections between transnational
climate change and biodiversity law 178
Jonathan Verschuuren
12 Global values, transnational expression: from Aarhus to Escazú 198
Emily Barritt
PART IV NON-STATE ACTORS AS A FOCAL POINT OF
TRANSNATIONAL ENVIRONMENTAL LAW
13 The role of subnational actors in transnational climate change law 216
Jolene Lin
14 The responsibilities of corporations: new directions in environmental litigation 229
Lisa Benjamin
15 Art and activism in transnational environmental governance 248
Benjamin J. Richardson
PART V CROSSING JURISDICTIONAL AND DISCIPLINARY BORDERS
16 Sovereignty, unilateralism, and the transboundary reach of environmental
protection 268
An Hertogen
17 Vice or virtue? Flexibility in transnational environmental law 284
Sébastien Jodoin, Ling Chen and Carolina Gueiros
18 Judicial transnationalization 301
Geetanjali Ganguly
19 Transnational litigation: what can we learn from Chevron–Ecuador ? 318
Robert V. Percival
20 Human rights in a changing environment 340
Ole W. Pedersen
21 Intersections between climate change and the World Trade Organization 352
Shawkat Alam
PART VI CONCLUDING REMARKS
22 Concluding remarks 369
Veerle Heyvaert and Leslie-Anne Duvic-Paoli
Index
Preface xiv
PART I A THEORY OF TRANSNATIONAL ENVIRONMENTAL LAW
1 The meanings of transnational environmental law 2
Veerle Heyvaert and Leslie-Anne Duvic-Paoli
2 Exploring transnational legal orders: using transnational environmental
law to strengthen the global regulation of black carbon for the benefit of
the Arctic region 18
Kati Kulovesi
3 An unknown past, an unequal present, and an uncertain future:
transnational environmental law through three research challenges 32
Natasha Affolder
4 Methodological challenges of transnational environmental law 48
Elisa Morgera, Louisa Parks and Mika Schroeder
PART II UNDERSTANDING TRANSNATIONAL ENVIRONMENTAL
GOVERNANCE
5 ‘Interglobalsuprasubandtransialidocious’: mapping and disentangling
transnational environmental governance 67
Till Markus and Olaf Dilling
6 Regulatory instruments of transnational environmental governance 88
Jerneja Penca
7 Transnational environmental regulation and evolving approaches to compliance 104
Aleksandra Čavoški
8 Transnational environmental governance before the courts 126
Suzanne Kingston
9 Facing the legitimacy challenge: law as a disciplining force for
transnational environmental governance 145
Josephine van Zeben
PART III CONSEQUENCES OF THE TRANSNATIONALIZATION OF
ENVIRONMENTAL GOVERNANCE
10 The transnationalization of environmental constitutionalism 159
Louis J. Kotzé
11 Regime interlinkages: examining the connections between transnational
climate change and biodiversity law 178
Jonathan Verschuuren
12 Global values, transnational expression: from Aarhus to Escazú 198
Emily Barritt
PART IV NON-STATE ACTORS AS A FOCAL POINT OF
TRANSNATIONAL ENVIRONMENTAL LAW
13 The role of subnational actors in transnational climate change law 216
Jolene Lin
14 The responsibilities of corporations: new directions in environmental litigation 229
Lisa Benjamin
15 Art and activism in transnational environmental governance 248
Benjamin J. Richardson
PART V CROSSING JURISDICTIONAL AND DISCIPLINARY BORDERS
16 Sovereignty, unilateralism, and the transboundary reach of environmental
protection 268
An Hertogen
17 Vice or virtue? Flexibility in transnational environmental law 284
Sébastien Jodoin, Ling Chen and Carolina Gueiros
18 Judicial transnationalization 301
Geetanjali Ganguly
19 Transnational litigation: what can we learn from Chevron–Ecuador ? 318
Robert V. Percival
20 Human rights in a changing environment 340
Ole W. Pedersen
21 Intersections between climate change and the World Trade Organization 352
Shawkat Alam
PART VI CONCLUDING REMARKS
22 Concluding remarks 369
Veerle Heyvaert and Leslie-Anne Duvic-Paoli
Index
