[opiniojuris] Hari Osofsky: Symposium Paper 5: Climate Change Litigation as Pluralist Legal Dialogue?

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Posted by Hari Osofsky:
Symposium Paper 5:  Climate Change Litigation as Pluralist Legal Dialogue?
http://www.opiniojuris.org/posts/1175129530.shtml


   Abstract
   This thought piece will focus on the following question: What are the
   implications of conceptualizing of climate change litigation as
   pluralist legal dialogue? Part II provides the conceptual framework of
   the article by introducing and interweaving law and geography,
   judicial dialogue, and legal pluralism. Part III of the paper uses the
   example of Californiaâs role in climate change litigation to explore
   the idea of substate actors as international lawmakers. Part IV of the
   paper considers the example of supranational climate change petitions
   to engage the complex informal role that these petitions play in
   making law. Part V of the paper draws from these examples to analyze
   how a pluralist approach might address issues of scale and formality,
   and the implications of a hybrid model of international lawmaking for
   the regulation of anthropogenic climate change. The paper concludes
   with reflections on the significance of how legal boundaries are drawn
   for the development of more effective approaches to transnational
   regulatory governance.
   [1]Full Text

References

   1. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=976557