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date: 06 July 2022

Abstract and Keywords

Climate change shatters the idea that jurisdictional borders and doctrinal debates about the scope of the “legal” are the sole tensions with which a concept of transnational law must contend. Climate change exposes a further fault line underlying legal thought and practice—the ultimate frailty of a model of human/nature interactions premised on the background assumption of an inexhaustible planet of infinite resources. Newly minted climate laws and climate lawsuits are emerging not against a blank slate but rather in a context where the concept of nature as a resource to be exploited for human use is deeply embedded in and through law. This chapter reaches beyond the most visible manifestations of climate law—legislation and lawsuits that appear already bearing the climate law label—to explore the ways in which a transnational law lens illuminates the rather larger subject areas of unenvironmental law and unclean energy law.

Keywords: climate law, climate lawyers, carbon markets, climate experimentalism, transnational climate law, unenvironmental law

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