Global Environmental Governance

Global Environmental Governance

Law and Regulation for the 21st Century

New Horizons in Environmental and Energy Law series

Louis J. Kotzé

This timely book brings much-needed clarity to the concept of ‘environmental governance’ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many – including economists, political scientists, environmentalists and, increasingly, lawyers – its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance.

Preface

Louis J. Kotzé

Subjects: environment, environmental law, law - academic, environmental law

Extract

This book is an attempt to interrogate the concept of contemporary global environmental governance from a legal perspective. I am an environmental lawyer and am often uncomfortable with engaging with extra-legal concepts such as governance. The idea of writing this book accordingly arose from a personal need to better understand the concept of governance in the environmental regulatory domain, and more specifically to understand what governance is and what role governance and (environmental) law play in contemporary forms of global environmental regulation. Political scientists have written extensively on the concept of governance, including its manifestation in the form of global governance. Some have even reflected on the concept of global environmental governance. At the same time, various environmental law scholars have dedicated extensive volumes to international environmental law, which is how environmental lawyers usually perceive the manifestation of global environmental governance. Understandably, in the latter instance, the focus is a strictly legal one and as a result the link between governance and law in the environmental regulatory domain often remains unclear. Moreover, while other environmental lawyers have promisingly included references to environmental governance in their work, I have found it hard to lay my hands on a single source which brings together governance theory, environmental regulation and law from a meta-theoretical point of view. While writing this book much has become clear to me with respect to the role of governance, its connections with law, and the collective role of these two phenomena in global environmental regulation. While many questions...