Exploring the Landscape of Climate Law and Scholarship: Two Emerging Trends
Erkki J. Hollo, Kati Kulovesi & Michael Mehling (eds.), Climate Change and The Law (Forthcoming)
35 Pages Posted: 10 Oct 2012
Date Written: October 9, 2012
Exploring the landscape of climate law, this paper identifies two emerging trends in climate law scholarship. The first relates to the multi-layered nature of climate law. Here, the paper argues that our understanding of the complex web of legal norms that address climate change necessitates research that also takes into consideration interactions between various sources of legal authority, including their hierarchies, synergies and tensions. In addition to benefitting those implementing climate law on the ground, such an approach makes it possible to analyse the global implications of climate law, including its effectiveness and mutual supportiveness of its various layers. The second relates to deformalization of climate law; the expanding role of non-state actors, soft law instruments and informal collaboration in global efforts to address climate change. While climate law scholarship is increasingly paying attention to this phenomenon, this paper argues that accounting for the role of non-state actors and voluntary regulatory initiatives involves some important doctrinal challenges, including how to avoid becoming overtly descriptive and retain a normative focus.
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