Turner, Stephen (2017) The Use of 'Macro' Legal Analysis in the Understanding and Development of Global Environmental Governance. Transnational Environmental Law, 6 (2). pp. 237-257. DOI https://doi.org/10.1017/S2047102516000236
Turner, Stephen (2017) The Use of 'Macro' Legal Analysis in the Understanding and Development of Global Environmental Governance. Transnational Environmental Law, 6 (2). pp. 237-257. DOI https://doi.org/10.1017/S2047102516000236
Turner, Stephen (2017) The Use of 'Macro' Legal Analysis in the Understanding and Development of Global Environmental Governance. Transnational Environmental Law, 6 (2). pp. 237-257. DOI https://doi.org/10.1017/S2047102516000236
Abstract
This article examines the manner in which ‘macro’ legal analysis can potentially assist in overcoming some of the issues that are faced in the understanding and development of global environmental governance (GEG). It argues that the analysis of law through separate and distinct disciplines – such as environmental law, trade law, corporate law, and human rights law – results in what this article refers to as ‘micro’ legal analysis. As such, it contends that this can have the effect of creating obstacles in the development of coherent and effective legal and policy choices related to the protection of the environment. It illustrates these arguments with examples of practical problems that have arisen from the separation of legal issues in practice and provides the theoretical underpinnings, based on the critique of international lawyers, for the application of ‘macro’ legal analysis. In other words, it argues for a form of analysis that would consider the entire range of relevant legal disciplines in a unitary process. It then provides a methodology for the development and application of ‘macro’ legal analysis in relation to environmental issues. Finally, it considers the potential that this approach could have within the field of GEG and comments on the implications that it could have for the way in which lawyers are trained in the future.
Item Type: | Article |
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Uncontrolled Keywords: | Global environmental governance; Macro legal analysis; Micro legal analysis; International environmental law; Non-state actors; Legal training |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 15 Oct 2019 18:09 |
Last Modified: | 15 Nov 2024 14:19 |
URI: | http://repository.essex.ac.uk/id/eprint/25608 |
Available files
Filename: 24739 Stephen Turner Article 2016 - Repository Version.pdf