TRANSNATIONAL MARKETS, CORPORATE LAW, AND ENVIRONMENTAL PROBLEMS

WEEK 11 & 12

TRANSNATIONAL MARKETS, CORPORATE LAW, AND ENVIRONMENTAL PROBLEMS
ENVIRONMENTAL LAW

Transnational environmental law

Inadequate legal systems have contributed to global environmental crises but, new legal forms will provide solutions to the sustainability challenges we are facing.
Environmental law is still maturing and transnational law has developed into a discipline which offers a theoretical framework able to identify and explain the normative complexities arising from intensifying cross-border activities.
Transnational means of regulation fill a gap left by conventional modes of governance, recognizing alternatives to "hard-law" and encouraging regime-crossing solutions.

Transnational environmental law

Transnational law:

1. As a discourse
2. As a methodology
3. As a field of practice

Transnational law is the expression of a desire to challenge and transcend the mainstream organization of law, which imposes a rigid, binary vision of law.

The term transnational law resonates both a concern for and a protest against exclusionary national and international law.

Attention is shifted towards more dynamic aspects of law: its construction, functions, and its impact.

Discourse

Denotes a field of study and practice that seeks to understand law by tracing, untangling and analysing, the complex, transboundary exchanges resulting in new norms or rules.

Metholodoly

Builds on transnational discourse and methodology. It centers attention on those laws that are product of informal influence and exchange.

Field of practice

TRANSNATIONAL LAW AND ENVIRONMENTAL LAW:
TRANSNATIONAL ENVIRONMENTAL LAW