Research Methods in Environmental Law
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Research Methods in Environmental Law

A Handbook

Edited by Andreas Philippopoulos-Mihalopoulos and Victoria Brooks

This timely Handbook brings innovative, free-thinking and radical approaches to research methods in environmental law. With a comprehensive approach it brings together key concepts such as sustainability, climate change, activism, education and Actor-Network Theory. It considers how the Anthropocene subjects environmental law to critique, and to the needs of the variety of bodies, human and non-human, that require its protection. This much-needed book provides a theoretically informed analysis of methodological approaches in the discipline, such as constitutional analysis, rights-based approaches, spatial/geographical analysis, immersive methodologies and autoethnography, which will aid in the practical critique and re-imagining of Environmental Law.
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Chapter 9: Third World Approaches to International Law (TWAIL) and the environment

Usha Natarajan

Abstract

This chapter examines how the Third World Approaches to International Law (TWAIL) movement has approached environmental issues through division into three phases: first, the period following independence, particularly the 1960s and 1970s, where Third World international lawyers prioritized natural resource governance; second, the inauguration of the acronym TWAIL in the 1990s and a movement that remained largely sceptical of and disengaged from international environmental law; and third, the contemporary moment with a resurgence of interest in the environment within TWAIL. I structure my description in three phases on the basis of the predominance over time of different methods, approaches and attitudes on the part of Third World international lawyers to the environment. TWAIL scholars self-identify as a movement more frequently than as a method. While Third World approaches have some shared methodological characteristics that this chapter identifies, ultimately it is our political commitments that unite us, including a keen awareness of the politics of method and its implications for knowledge production.

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