'Transnational Carbon Contracting: Why Law's Invisibility Matters'

Published in A. Claire Cutler & Thomas Dietz, eds, The Politics of Private Transnational Governance by Contract (London: Routledge, 2017) pp 215-236

23 Pages Posted: 29 Aug 2017

See all articles by Natasha Affolder

Natasha Affolder

University of British Columbia - Faculty of Law

Date Written: 2017

Abstract

Contract lawyers are well aware that it is in the boilerplate, in the creation of contractual norms, forms and defaults, that power gets divided and that winners and losers are made. This analysis applies to contractual governance just as it applies to the individual contract setting. This chapter draws on the example of forest carbon contracts to illustrate the 'behind the scenes' privileging of contractual forms, norms, and defaults in action. It argues that the reductionist vision of law emerging in the literature and practice of carbon contracting is both misleading and impoverished.

Keywords: Carbon Contracting, Transnational

Suggested Citation

Affolder, Natasha, 'Transnational Carbon Contracting: Why Law's Invisibility Matters' (2017). Published in A. Claire Cutler & Thomas Dietz, eds, The Politics of Private Transnational Governance by Contract (London: Routledge, 2017) pp 215-236, Available at SSRN: https://ssrn.com/abstract=3025835 or http://dx.doi.org/10.2139/ssrn.3025835

Natasha Affolder (Contact Author)

University of British Columbia - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
48
Abstract Views
376
PlumX Metrics