Global Environmental Law Lab

Background

Global environmental law may be a useful perspective to better understand the promotion of environmental protection as a global public good through a plurality of legal mechanisms relying on a plurality of legal orders. It investigates the practice of non state actors, particularly:

• international organizations;
• international networks of experts providing advice on environmental legislation across the globe;
• international civil society;
• the private sector.

There has been little discussion, however, on whether global environmental law can help towards better understanding of the role of indigenous peoples and local communities in implementing and influencing the making of environmental law at all levels. Similarly, there has been little reflection on whether global environmental law can provide a helpful perspective to understand the influence of transnational legal advisors (such as nongovernmental organizations (NGOs), bilateral development assistance agencies, and international financial and technical assistance institutions) on the development and implementation of environmental norms. Furthermore, little effort has yet been devoted to studying the mutual influences between international and European Union (EU) environmental law, as well as national and subnational law, from a global environmental law perspective.

Methodology

Furthermore, there is a need to engage in a discussion on methodology, with a view to understanding whether global environmental law scholars need a distinctive methodology, what existing methodological approaches may be relevant, as well as the risks and challenges they bring. The question of the relevance of the comparative legal method for global environmental law scholarship is particularly salient in this connection. In addition, the symposium will explore also the need for, and risks involved in, inter-disciplinarity (for example with branches of the political sciences, environmental philosophy, ecology, complexity thinking) and on empirical research.

Related Publications

• Elisa Morgera, ‘Global Environmental Law and the Comparative Legal Method(s)’ (2015) 24 Review of European Community and International Environmental Law 254;
• Elisa Morgera 'The Future of Law and the Environment: The Emergence of Global Environmental Law’ in Muller et al (eds), The Law of the Future and the Future of Law (Torkel Opsahl Academic, 2012) 39-49;
• Elisa Morgera, ‘Bilateralism at the Service of Community Interests? Non-judicial Enforcement of Global Public Goods in the Context of Global Environmental Law’ (2012) 23 European Journal of International Law 743-767.