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An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
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This chapter seeks to bring into focus three broad research challenges facing transnational environmental law – an unknown past, an unequal present, and an uncertain future. Transnational law theory invites scholars to stand at a distance from current orthodoxies and to contemplate environmental law and its practice from new vantage points. The study of transnational environmental law thus prompts new ways of thinking about where to look for environmental law and its foundational influences. New research agendas emerge organically from such shifts of gaze. By identifying future research agendas, we can illuminate both the diversity of sites of past and …
Transnational Climate Law, Natasha Affolder
Transnational Climate Law, Natasha Affolder
All Faculty Publications
Climate change leaves little on this planet untouched. The concept of transnational law is no exception. Transnational law has long functioned as a mechanism for illuminating particular legal subjects, processes, and spaces: the empty space left by existing doctrinal perspectives, the relationships between, around and outside of national laws, the importance for law of private actors and the power and powerlessness of those actors. It offers a way of opening our eyes to spheres of normativity other than the nation state and distinct ways of conceiving of the nation state itself. But climate change shatters the idea that jurisdictional borders …