Journal of Environmental Law Advance Access originally published online on April 29, 2009
Journal of Environmental Law 2009 21(2):255-289; doi:10.1093/jel/eqp010
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Finding Autonomy in International Environmental Law and Governance
*Reader in International Law, University of Sheffield (d.french{at}sheffield.ac.uk).
| Abstract |
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This article will consider the relevance of the notion of autonomy within a particular body of international law, namely international environmental law. Without the existence of an over-arching institutional framework on which the autonomy of the discipline might be otherwise premised, the article considers the complexity of understanding and applying autonomy within a diverse field of legal rules and institutional settings. The article will suggest, at least in international environmental law, that the notion of autonomy encompasses a wide range of meanings, ranging from the perceived-utopian (the fable) right through to the perceived-dystopian (the threat). In fact, the reality of autonomy in international environmental law is perhaps more nuanced and incremental—though not necessarily any the less significant for all that.
Key Words: autonomy international environmental law global environmental governance Conferences of the Parties intra-treaty innovations institutional and non-institutional autonomy
Many thanks to Richard Collins, who first prompted my interest in this topic, and the JEL editor and anonymous referees for further insightful comments.