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Journal of Environmental Law Advance Access published online on April 29, 2009

Journal of Environmental Law, doi:10.1093/jel/eqp010
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Finding Autonomy in International Environmental Law and Governance

Duncan French*

*Reader in International Law, University of Sheffield (d.french{at}sheffield.ac.uk). Many thanks to Richard Collins, who first prompted my interest in this topic, and the JEL editor and anonymous referees for further insightful comments.


   Abstract

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.


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