The comparative law of climate change: a research agenda

Research output: Contribution to journalArticle

6 Citations (Scopus)

Abstract

Climate change defies traditional models of academic enquiry; its scale and complexity strain the explanatory power of established thought, prompting the espousal of new, fluid concepts and calls for greater interdisciplinarity. Law, with its rigid doctrines and insistence on binary categories, appears particularly unsuited as a framework of analysis. However, as this article submits, the legal method offers a unique vessel to infer collective understandings of the climate challenge, helping bridge the divide between fact and norm that characterizes other intellectual paradigms. A shifting focal point from international to domestic climate action suggests the particular utility of comparative law, which can identify policy barriers and drivers, and add a vital dimension to the study of policy design and transfer. Invoking the epistemic value of legal exegesis, this article proposes a research agenda for comparative analysis in a rapidly evolving issue area, which, although not yet a field of law in its own right, offers ample opportunities for study: the law as it relates to climate change.

LanguageEnglish
Pages341-352
Number of pages12
JournalReview of European, Comparative and International Environmental Law
Volume24
Issue number3
DOIs
Publication statusPublished - 16 Nov 2015

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climate change
Law
climate
vessel
exegesis
interdisciplinarity
fluid
doctrine
driver
paradigm
policy
comparative law
analysis
Values
norm
method

Keywords

  • climate change
  • interdisciplinarity
  • international policy design

Cite this

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abstract = "Climate change defies traditional models of academic enquiry; its scale and complexity strain the explanatory power of established thought, prompting the espousal of new, fluid concepts and calls for greater interdisciplinarity. Law, with its rigid doctrines and insistence on binary categories, appears particularly unsuited as a framework of analysis. However, as this article submits, the legal method offers a unique vessel to infer collective understandings of the climate challenge, helping bridge the divide between fact and norm that characterizes other intellectual paradigms. A shifting focal point from international to domestic climate action suggests the particular utility of comparative law, which can identify policy barriers and drivers, and add a vital dimension to the study of policy design and transfer. Invoking the epistemic value of legal exegesis, this article proposes a research agenda for comparative analysis in a rapidly evolving issue area, which, although not yet a field of law in its own right, offers ample opportunities for study: the law as it relates to climate change.",
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The comparative law of climate change : a research agenda. / Mehling, Michael.

In: Review of European, Comparative and International Environmental Law, Vol. 24, No. 3, 16.11.2015, p. 341-352.

Research output: Contribution to journalArticle

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