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Open Access. Powered by Scholars. Published by Universities.®

2014

Maurer School of Law: Indiana University

Comparative and Foreign Law

Court of Justice of the European Union

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Full-Text Articles in Law

The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold Jan 2014

The Persistence Of National Peculiarities: Translating Representative, Anna Katharina Mangold

Indiana Journal of Global Legal Studies

This paper explores representative environmental action in international, European Union, and German environmental law as an example of '7egal translation." The Aarhus Convention, dating from 1998, requests signatory parties to provide environmental NGOs with wide access to justice so that the protection of the environment can be controlled by the judiciary. Both the European Union and Germany have implemented the provisions of the Aarhus Convention into their respective legal orders. This process of implementation can be considered as "legal translations." The argument of this paper is that a perspective of '7egal translation" provides new vistas on the various intertwined layers …