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The transnationalisation of law: rethinking law through transnational environmental regulation

Heyvaert, Veerle (2016) The transnationalisation of law: rethinking law through transnational environmental regulation. LSE Law, Society and Economy Working Papers (04/2016). London School of Economics and Political Science, Department of Law, London, UK.

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Abstract

This working paper argues that the rise of transnational regulation has a transformative impact on law. It examines the field of transnational environmental regulation to show that its proliferation challenges the continued appropriateness of representations of law as: (i) territorial, (ii) emanating from the state, (iii) composed of a public and private sphere, (iv) constitutive and regulatory in function, and (v) cohesive and regimented. Instead, law is increasingly perceived as (i) delocalised, (ii) flowing from a plurality of sources, (iii) organisationally inchoate, (iv) reflexive and coordinating in function, and (v) polycentric. Together, these shifts in perception amount to a transformation that the paper identifies as the transnationalisation of law. The paper then explores three responses to the transnationalisation of law. It distinguishes responses motivated by a desire to reclaim the traditional conception of law from those that seek to reconstruct law at the transnational level and, thirdly, responses that advocate a context-responsive reconceptualisation of law. Each response, it will be shown, creates a different set of opportunities for and challenges to the relevance of law for transnational regulation.

Item Type: Monograph (Working Paper)
Official URL: http://papers.ssrn.com/
Additional Information: © 2016 The Author
Divisions: Law
Subjects: H Social Sciences > HN Social history and conditions. Social problems. Social reform
K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 20 May 2016 14:02
Last Modified: 26 Jul 2020 23:12
URI: http://eprints.lse.ac.uk/id/eprint/66569

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