Protecting the Third Pole
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Protecting the Third Pole

Transplanting International Law

Simon Marsden

This highly topical book considers the important question of how best to protect the environment of the Third Pole โ€“ the area comprising the Hindu Kush Himalayas and Tibetan Plateau โ€“ using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.
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Chapter 2: International legal transplants

Simon Marsden


Chapter 2 explains the comparative law of legal transplants, particularly international examples and how these have developed in relation to domestic law. It considers their potential with reference to comparative legal theory. The development of this theory is explained and critiqued before the relevance to international law, particularly international environmental law, is analysed. Examples of vertical and horizontal transplants are given to illustrate the range of situations where laws have been adopted from one situation and applied to another, with a particular focus on contextual constraints. The institutional application of legal transplants is also considered, for organisations able to transplant international law to the Third Pole.

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