Global Climate Change and the Fragmentation of International Law

27 Pages Posted: 2 Oct 2008

See all articles by Harro van Asselt

Harro van Asselt

University of Eastern Finland - School of Law

Francesco Sindico

University of Strathclyde - School of Law

Michael A. Mehling

MIT Center for Energy and Environmental Policy Research (CEEPR)

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.

Suggested Citation

van Asselt, Harro and Sindico, Francesco and Mehling, Michael A., Global Climate Change and the Fragmentation of International Law. Law & Policy, Vol. 30, No. 4, pp. 423-449, October 2008, Available at SSRN: https://ssrn.com/abstract=1276763 or http://dx.doi.org/10.1111/j.1467-9930.2008.00286.x

Harro Van Asselt

University of Eastern Finland - School of Law ( email )

Joensuu
Finland

Francesco Sindico (Contact Author)

University of Strathclyde - School of Law ( email )

Lord Hope Building
John Anderson Campus 141 St. James' Rd
Glasgow G4 0LT, Scotland G4 0LT
United Kingdom

Michael A. Mehling

MIT Center for Energy and Environmental Policy Research (CEEPR) ( email )

77 Massachusetts Avenue
50 Memorial Drive
Cambridge, MA 02139-4307
United States

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