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Journal article

Pluralism, Informality and Transnational Environmental Law

This article reviews two books, Beyond Constitutionalism: The Pluralist Structure of Postnational Law, and Informal International Lawmaking, to identify avenues for further inquiry in transnational environmental law.

Harro van Asselt / Published on 31 December 2013

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Citation

van Asselt, H. (2013). Pluralism, Informality and Transnational Environmental Law. Transnational Environmental Law, published online December 2013.

Over the past years, two important challenges to traditional conceptions of international law have come to the fore: pluralism and informality. Pluralism refers to the fact that global society is characterized by multiple legal systems that frequently overlap. Informality refers to the increasing relevance of non-traditional actors, processes and outputs in the realm of international law.

Two recent books provide important contributions to enhancing our understanding of these challenges. In the first book, Nico Krisch presents a powerful plea that in a ‘postnational’ context legal pluralism is to be preferred over its alternative, transferring constitutionalism to the global level. In the second book, Joost Pauwelyn, Ramses Wessel and Jan Wouters offer a collection of essays that seek to further knowledge of the concept, legal nature, impacts and accountability of ‘informal international lawmaking’. In reviewing these two books, this review essay seeks to identify avenues for further inquiry in the area of transnational environmental law.

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Harro van Asselt

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SEI US

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10.1017/S2047102513000551 Closed access
Topics and subtopics
Governance : Public policy