Protecting the Third Pole
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 2: International legal transplants

Simon Marsden

Abstract

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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.