O Dilling & T Markus, “The Transnationalisation of Environmental Law”

“This article outlines a critical approach to the emerging discourse of transnational environmental law. It highlights how transboundary activities and organisational structures increasingly shape environmental law, and how legal discourse interprets these developments. In particular, the article unpacks the manifold transnational regulatory structures and explains their interactions with state-made environmental law. It also discusses the legal quality and constitutional issues of transnational norms and analyses the added scientific value of the concept of transnational environmental law. We argue that transnational norms governing the use of public goods are generally not binding on third parties. Accordingly, they have to be ‘re-embedded’ into well-established political and legal processes. In other words, these norms and mechanisms have to be complemented, endorsed or limited by formal legal structures to become a legitimate part of environmental law.” Journal of Environmental Law, Volume 30, Issue 2, 1 July 2018, Pages 179–206
doi.org/10.1093/jel/eqy008

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