Ecological Sensitivity and Global Legal Pluralism
Rethinking the Trade and Environment Conflict
By (author) Oren Perez
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Ecological Sensitivity and Global Legal Pluralism by Oren Perez
Book DescriptionThe tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae. Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.
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Book DetailsISBN: 9781841133485
(234mm x 156mm x 22mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 30-Jun-2004
Country of Publication: United Kingdom
Books By Author Oren Perez
Paradoxes and Inconsistencies in the Law, Paperback (December 2005)» View all books by Oren Perez
This book seeks to unravel the riddle of legal paradoxes by focussing on the nature of legal paradoxes, and their social ramifications.
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Author Biography - Oren Perez
Oren Perez is an Associate Professor at Bar-Ilan University, Faculty of Law, Israel.
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