Research handbook on transnational environmental law

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Research handbook on transnational environmental law

edited by Veerle Heyvaert, Leslie-Anne Duvic-Paoli

(Research handbooks in environmental law)

E. Elgar, c2020

  • : cased

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Includes index

Description and Table of Contents

Description

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.

Table of 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

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