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Managing the Fragmentation of International Climate Law

This book chapter focuses on the fragmentation of international law related to climate change and the interactions between the relevant legal regimes.

Harro van Asselt / Published on 15 January 2013
Citation

van Asselt, H. (2013). Managing the Fragmentation of International Climate Law. Climate Change and the Law, Hollo, E., K. Kulovesi and M. Mehling (eds.), 329-357. Berlin: Springer.

It examines various management strategies with a view to enhancing synergies and mitigating conflicts between climate-related international legal regimes. The chapter starts with an overview of the ongoing debate on the fragmentation of international law. It then identifies the features of international climate lawmaking and implementation that constrain the usefulness of well-known legal techniques for avoiding and resolving conflicts.

The chapter moves on to show how institutional cooperation between poli­tical bodies and bureaucracies may lead to enhanced coherence between the climate change regime and other legal regimes, while arguing that such a strategy will also encounter specific concerns related to their legitimacy.

The chapter concludes by highlighting the need to apply various strategies for managing the fragmentation of international climate law, and identifies areas for further inquiry in this regard.

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