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This illuminating Research Handbook offers a detailed overview and
critical discussion of the key themes and perspectives that
characterize the burgeoning research area of transnational
environmental law. It analyzes important sectors at the forefront
of the field, including climate change and biodiversity.
Interdisciplinary and comprehensive, this Research Handbook
provides stimulating and provocative discussions on transnational
legal phenomena and the ways in which we can unpack their
complexities. Bringing together varied perspectives from both
leading and emerging scholars from around the world, chapters
deliver methodological and conceptual frameworks for future
research, whilst providing an original view on this emerging field
of law. Contributors also pay special attention to the engagement
of the field with multilevel governance and the involvement of
non-state actors in legislative, regulatory and adjudicative
processes. Offering an accessible and broad-ranging guide to the
field's major themes and research strategies, the Research Handbook
on Transnational Environmental Law will be an indispensable
resource to scholars, students and practitioners in environmental
and transnational law and social sciences seeking to understand the
contributions of a transnational approach to environmental law.
Prevention is recognized as a cornerstone of international
environmental law, but this principle remains abstract and elusive
in terms of exactly what is required of states to prevent
environmental harm. In this illuminating work, Leslie-Anne
Duvic-Paoli addresses this issue by offering a systematic,
comprehensive assessment in which she clarifies the rationale,
content, and scope of the prevention principle while also placing
it in a wider legal context. The book offers a detailed analysis of
treaty law, custom codification works, and case law before
culminating in a conceptualization of prevention based on three
definitional traits: 1. Its anticipatory rationale; 2. Its due
diligence content; and 3. Its wide spatial scope to protect the
environment as a whole. This book should be read by anyone seeking
to understand the evolving principle of prevention in international
environmental law, and how it increasingly shares common ground
with reparation in the arena of compliance control.
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