Transnational Climate Law

Oxford Handbook of Transnational Law (Peer Zumbansen ed., Oxford University Press, 2019, Forthcoming)

25 Pages Posted: 4 Oct 2019

See all articles by Natasha Affolder

Natasha Affolder

University of British Columbia - Faculty of Law

Date Written: October 2, 2019

Abstract

Climate change shatters the idea that jurisdictional borders and doctrinal debates about the scope of the ‘legal’ are the sole tensions with which a concept of transnational law must contend. Climate change exposes a further fault line underlying legal thought and practice – the problematic, but deep-rooted practice of separating ‘Human’ from ‘Nature’. This separation, and its accompanying assumption that the natural environment is a limitless resource for human exploitation, is powerfully challenged by the reality of a dramatically changing planet, and the rise of Anthropocene literature that bring planetary limits sharply into view. This chapter reaches beyond the most visible manifestations of climate law – legislation and lawsuits that appear already bearing the climate law label – to explore the ways in which a transnational law lens illuminates the rather larger subject areas of unenvironmental law and unclean energy law.

Keywords: Climate Law, Climate Lawyers, Carbon Markets, Climate Experimentalism, Unenvironmental Law

Suggested Citation

Affolder, Natasha, Transnational Climate Law (October 2, 2019). Oxford Handbook of Transnational Law (Peer Zumbansen ed., Oxford University Press, 2019, Forthcoming), Available at SSRN: https://ssrn.com/abstract=3463486 or http://dx.doi.org/10.2139/ssrn.3463486

Natasha Affolder (Contact Author)

University of British Columbia - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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