Global climate change and the fragmentation of international law

Harro Van Asselt, Francesco Sindico, Michael Mehling

Research output: Contribution to journalArticle

50 Citations (Scopus)

Abstract

Born into the wider body of international law, the climate regime needs to be understood in light of preexisting regimes. By drawing on the current debate about fragmentation in international law, this article highlights challenges for international lawyers and policymakers in navigating the relationship between the climate regime and the biodiversity regime, and the relationship between the climate regime and the multilateral trading system. This article concludes that a narrow focus on conflicts misrepresents the multifaceted nature of climate change and precludes an adequate jurisprudential understanding of the relationship between the climate regime and other regimes. An improved understanding, particularly with respect to interactions with the biodiversity regime, requires a broadening of the debate that takes account of the institutional aspects of these relationships that may allow enhanced political cooperation and coordination. Further, international law, and in particular the emerging concept of systemic integration, has the potential to make a positive contribution to the climate-trade interplay.
Original languageEnglish
Pages (from-to)423-449
Number of pages27
JournalLaw and Policy
Volume30
Issue number4
DOIs
Publication statusPublished - Oct 2008

Keywords

  • international law
  • global climate change
  • climate change
  • global politics

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