Globalization and Private Law
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Globalization and Private Law

The Way Forward

Edited by Michael Faure and André van der Walt

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process.
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Chapter 12: Globalization and Multi-level Governance of Environmental Harm

Michael Faure


Michael Faure 1 1.1 INTRODUCTION Starting Point The starting point for most of the chapters in this book is that lawmaking, and more particularly the development of private law, poses specific challenges in the era of globalization. It is this particular influence of the broad globalization phenomenon on private lawmaking that has been the central focus of the contributions in this book. This chapter will take up the challenge to examine this relationship between globalization and (private) lawmaking as far as the area of environmental law is concerned.1 There are potentially so many interfaces between globalization and environmental problems that one could easily write an entire monograph simply dealing with this relationship. The aim of this chapter is, however, more modest. I will merely attempt to identify the influence of environmental issues on globalization and vice versa, from both a positive and a normative perspective. This will allow me to identify a few issues that play a role in this respect and to indicate a few areas where the relationship between globalization and environmental law could lead to tensions.2 Within the scope of this chapter it is not possible to even attempt to resolve these tensions. One can at most try to identify some core questions and analyse to what extent environmental issues pose problems or challenges for globalization that may be different from those in other areas discussed in this volume. See on this topic also the challenging paper by Wirth (2007). However, according to some authors these tensions...

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