{"title":"Methodological challenges of transnational environmental law","authors":"Elisa Morgera, Louisa Parks, Mika Schroeder","doi":"10.2139/ssrn.3359597","DOIUrl":"https://doi.org/10.2139/ssrn.3359597","url":null,"abstract":"This working paper will discuss the growing need for law students and researchers to develop, and to keep honing, specific skills to understand complex and increasingly frequent transnational phenomena in environmental law. The paper will then focus on three inter-related methodological challenges: comparison, empirics, and interdisciplinarity. These considerations will lead to a reflection on the nature of collaboration and research ethics, as well as on common constraints arising from research funding opportunities. In exploring these challenges, the paper builds upon the methodological insights from a 5-year collaborative and comparative research project on the legal concept of fair and equitable benefit-sharing (BENELEX) at different regulatory and geographical sites. The BENELEX project provided a practical understanding of the need for reflexivity and accountability for researchers interested in transnational environmental law phenomena, as well as an opportunity to collaboratively develop a transnational environmental law research project and carry it out through embedded peer-learning and supportive peer-review.","PeriodicalId":261686,"journal":{"name":"Research Handbook on Transnational Environmental Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114156113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Consequences of the transnationalization of environmental governance","authors":"","doi":"10.4337/9781788119634.00019","DOIUrl":"https://doi.org/10.4337/9781788119634.00019","url":null,"abstract":"","PeriodicalId":261686,"journal":{"name":"Research Handbook on Transnational Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133215659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A theory of transnational environmental law","authors":"","doi":"10.4337/9781788119634.00008","DOIUrl":"https://doi.org/10.4337/9781788119634.00008","url":null,"abstract":"","PeriodicalId":261686,"journal":{"name":"Research Handbook on Transnational Environmental Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134061666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Non-state actors as a focal point of transnational environmental law","authors":"","doi":"10.4337/9781788119634.00023","DOIUrl":"https://doi.org/10.4337/9781788119634.00023","url":null,"abstract":"","PeriodicalId":261686,"journal":{"name":"Research Handbook on Transnational Environmental Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132786306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The meanings of transnational environmental law","authors":"Veerle Heyvaert, Leslie‐Anne Duvic‐Paoli","doi":"10.4337/9781788119634.00009","DOIUrl":"https://doi.org/10.4337/9781788119634.00009","url":null,"abstract":"Human pressures on the environment increase continuously and thresholds critical to the stability of the life-support functions of the planet have been, or are on the verge of being, exceeded.1 In this context, environmental lawyers have started to reflect on how inadequate legal systems have contributed to global environmental crises while, at the same, nurturing the hope that new legal forms will provide solutions to the sustainability challenges we are facing. As a relatively new field of law, environmental law is still maturing, which means that it remains faced with significant methodological questions and is prone to existential anxieties.2 In addition to trying to make sense of itself as an established yet still somewhat fluid legal discipline, environmental law must operate in a context of significant legal transformation arising from the need to respond to an increasingly complex society, which brings about significant intellectual as well as practical challenges for the legal field. Certainly, the nature of environmental challenges profoundly disturbs existing legal institutions.3 As a result, the traditional foundations of ‘law’ have found themselves challenged by new modes and structures of governance, acting in synergy, but also sometimes in opposition, with existing structures.4 The relativization of boundaries has led to the emergence of a variety of theoretical frameworks seeking to explain these phenomena.5 Amongst them, 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. Such promise has attracted a number of scholars and educators, eager to better understand processes that their own field of enquiry – ranging from commercial law","PeriodicalId":261686,"journal":{"name":"Research Handbook on Transnational Environmental Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127852022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}