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The transnationalization of law: rethinking law through transnational environmental regulation

Heyvaert, Veerle (2017) The transnationalization of law: rethinking law through transnational environmental regulation. Transnational Environmental Law, 6 (2). pp. 205-236. ISSN 2047-1025

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Identification Number: 10.1017/S2047102516000388

Abstract

This article 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) delocalized, (ii) flowing from a plurality of sources, (iii) organizationally inchoate, (iv) reflexive and coordinating in function, and (v) polycentric. Together, these shifts in perception amount to a transformation that the article identifies as the transnationalization of law. The article then explores three responses to the transnationalization 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 reconceptualization 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: Article
Official URL: https://www.cambridge.org/core/journals/transnatio...
Additional Information: © 2017 Cambridge University Press © CC BY 4.0
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 08 Dec 2016 13:13
Last Modified: 20 Jun 2020 02:22
URI: http://eprints.lse.ac.uk/id/eprint/68568

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