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Global Environmental Governance

Law and Regulation for the 21st Century

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.
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Chapter 8: Law and global environmental governance

Louis J. Kotzé


Chapter 5 discussed in some detail the relationship between law and governance. It showed that law has a constitutive, regulative, legitimizing, and steering role to fulfil in the governance paradigm. The penultimate chapter of this book reflects on the role that law plays specifically in global environmental governance. As a point of departure, it focuses on the conceptual implications of the ‘environment’ for law and governance and argues that on the one hand, law and governance require an extended, holistic and comprehensive vision of the environment, whereas on the other hand, an extended vision of the environment requires an equally comprehensive view of law and governance.

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