Research Handbook on Transnational Environmental Law

Edited by Veerle Heyvaert, Professor, Department of Law, London School of Economics and Political Science, Leslie-Anne Duvic-Paoli, Lecturer, The Dickson Poon School of Law, King’s College London, UK

'The Research Handbook on Transnational Environmental Law offers a striking illustration of the lag between a long-identified phenomenon of growing importance and the development of adequate conceptual categories to explain it and integrate it into the wider body of knowledge. Faithful to the specificity of EE Research Handbooks, this book is a major leap in closing this gap. It not only maps the field but also provides solid conceptual foundations for it. It is destined to be a classic.'--Jorge E. Viñuales, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge, UK'This book provides a state-of-the-art guide to the dynamic new field of transnational environmental law scholarship, focused on critical, cross-cutting issues such as climate change, biodiversity loss and marine pollution. Under the expert editorial guidance of Heyvaert and Duvic-Paoli, leading and emerging scholars from around the world provide an engaging and accessible introduction to the field's key concepts, tools and debates. This Research Handbook is an essential resource for all those interested in environmental law and its broader transnational dimensions.'--Jacqueline Peel, The University of Melbourne, Australia

• Contents:Preface xivPART I A THEORY OF TRANSNATIONAL ENVIRONMENTAL LAW1 The meanings of transnational environmental law 2Veerle Heyvaert and Leslie-Anne Duvic-Paoli2 Exploring transnational legal orders: using transnational environmentallaw to strengthen the global regulation of black carbon for the benefit ofthe Arctic region 18Kati Kulovesi3 An unknown past, an unequal present, and an uncertain future:transnational environmental law through three research challenges 32Natasha Affolder4 Methodological challenges of transnational environmental law 48Elisa Morgera, Louisa Parks and Mika SchroederPART II UNDERSTANDING TRANSNATIONAL ENVIRONMENTALGOVERNANCE5 ‘Interglobalsuprasubandtransialidocious’: mapping and disentanglingtransnational environmental governance 67Till Markus and Olaf Dilling6 Regulatory instruments of transnational environmental governance 88Jerneja Penca7 Transnational environmental regulation and evolving approaches to compliance 104Aleksandra Čavoški8 Transnational environmental governance before the courts 126Suzanne Kingston9 Facing the legitimacy challenge: law as a disciplining force fortransnational environmental governance 145Josephine van ZebenPART III CONSEQUENCES OF THE TRANSNATIONALIZATION OFENVIRONMENTAL GOVERNANCE10 The transnationalization of environmental constitutionalism 159Louis J. Kotzé11 Regime interlinkages: examining the connections between transnationalclimate change and biodiversity law 178Jonathan Verschuuren12 Global values, transnational expression: from Aarhus to Escazú 198Emily BarrittPART IV NON-STATE ACTORS AS A FOCAL POINT OFTRANSNATIONAL ENVIRONMENTAL LAW13 The role of subnational actors in transnational climate change law 216Jolene Lin14 The responsibilities of corporations: new directions in environmental litigation 229Lisa Benjamin15 Art and activism in transnational environmental governance 248Benjamin J. RichardsonPART V CROSSING JURISDICTIONAL AND DISCIPLINARY BORDERS16 Sovereignty, unilateralism, and the transboundary reach of environmentalprotection 268An Hertogen17 Vice or virtue? Flexibility in transnational environmental law 284Sébastien Jodoin, Ling Chen and Carolina Gueiros18 Judicial transnationalization 301Geetanjali Ganguly19 Transnational litigation: what can we learn from Chevron–Ecuador ? 318Robert V. Percival20 Human rights in a changing environment 340Ole W. Pedersen21 Intersections between climate change and the World Trade Organization 352Shawkat AlamPART VI CONCLUDING REMARKS22 Concluding remarks 369Veerle Heyvaert and Leslie-Anne Duvic-PaoliIndex