The Transnationalisation of Law
Rethinking Law through Transnational Environmental Regulation
The rise of transnational regulation, Veerle Heyvaert, London School of Economics, argues, has a transformative impact on law. In her talk, she will also explore responses to this phenomenon. Open to the public, registration requested.
This event is part of the lecture series 'Law and Justice Across Borders'.
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The paper 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) delocalised, (ii) flowing from a plurality of sources, (iii) organisationally inchoate, (iv) reflexive and coordinating in function, and (v) polycentric. Together, these shifts in perception amount to a transformation that the paper identifies as the transnationalisation of law. The paper then explores three responses to the transnationalisation 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, thirdly, responses that advocate a context-responsive reconceptualisation 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.
Veerle Heyvaert is an associate Professor of Law at the London School of Economics and Political Science (LSE) and Founding Editor-in-Chief of Transnational Environmental Law. She studied at Ghent University and Harvard Law School, and has a PhD from the European University Institute in Florence. Prior to coming to the LSE, she worked as an attorney in the EU law department of US law firm Akin, Gump in Brussels. She was the Moragoda Professor of Public International Law (Sri Lanka, 2015), Sir Peter North Fellow at the Oxford Centre for Socio-Legal Studies and Keble College, and a UNITAR Special Fellow. Her publications include: European Environmental Law (Oxford University Press, 2017 forthcoming, with Suzanne Kingston and Aleksandra Cavoski); Governing Climate Change: Towards a New Paradigm for Risk Regulation (2011) The Modern Law Review; Globalising Regulation: Reaching Beyond the Borders of Chemical Safety (2009) Journal of Law & Society; and Institutions for Regulating Risk in Revesz, Sands and Stewart, Environmental law, the Economy, and Sustainable Development: the United States, the European Union, and the International Community (Cambridge University Press, 2000, with Stephen Breyer).
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