The Transnationalization of Law
Rethinking Law through Transnational Environmental Regulation
Bibliographic Data
| ID | 4610137 |
|---|---|
| Authors | Veerle Heyvaert (0000-0002-7615-0318, London School of Economics and Political Science, corresponding author) |
| Year | 2017 |
| Volume | 6 |
| Issue | 2 |
| Pages | 205-236 |
| Publication date | 2017-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102516000388 |
| OpenAlex | W3125024887 |
| Language | EN |
| Citations received | 7 |
| References cited | 30 |
This article argues that the rise of transnational regulation has a transformative impact on law. It examines the field of transnational environmental regulation to show that its proliferation challenges the continued appropriateness of representations of law as (i) territorial, (ii) emanating from the state, (iii) composed of a public and private sphere, (iv) constitutive and regulatory in function, and (v) cohesive and regimented. Instead, law is increasingly perceived as (i) delocalized, (ii) flowing from a plurality of sources, (iii) organizationally inchoate, (iv) reflexive and coordinating in function, and (v) polycentric. Together, these shifts in perception amount to a transformation that the article identifies as the transnationalization of law. The article then explores three responses to the transnationalization of law. It distinguishes responses motivated by a desire to reclaim the traditional conception of law from those that seek to reconstruct law at the transnational level and responses that advocate a context-responsive reconceptualization of law. Each response, it will be shown, creates a different set of opportunities for, and challenges to, the relevance of law for transnational regulation
Environmental law · Geography · Law and economics · Political science · Private law · Public law · Reflexivity · Sociology · Transformative learning · Corporate Law and Human Rights · Environmental law and policy · Law · Regulation and Compliance Studies
Governing Globalization
Environment Law, Regulation and Governance
Polycentric systems for coping with collective action and global environmental change
A Comparative Analysis of Accountability Mechanisms for Ecosystem Services Markets in the United States and the European Union
Making Markets Work
The Dynamics of Change and Continuity in Plural Legal Orders
The Emergence of Global Administrative Law
Theorizing Transnational Legal Ordering
Levelling Down, Levelling Up, and Governing Across
The End of Geography
Which Future for the Scholarly Concept of Soft International Law? Editors’ Introductory Remarks
Transnational Conservation Contracts
What Is Transnational Law
Supranationalism in a Transnational Bureaucracy
Steering through Complexity
Private Actors and the State
Package Deals in EU Legislative Politics
Global Environmental Regulation
Socially Responsible Investing for Sustainability
Laws in Progress? Reconceptualizing Accountability Strategies in the Era of Framework Norms
Transboundary and Global Environmental Issues
Transnational Co-operation Between Rural Areas
Law and Human Interaction
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,78 |
| Citation span | 2017 - 2024 (8) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 7 |