Faure, Michael --- "Globalization and Multi-level Governance of Environmental Harm" [2010] ELECD 298; in Faure, Michael; van der Walt, André (eds), "Globalization and Private Law" (Edward Elgar Publishing, 2010)

Book Title: Globalization and Private Law

Editor(s): Faure, Michael; van der Walt, André

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447608

Section: Chapter 12

Section Title: Globalization and Multi-level Governance of Environmental Harm

Author(s): Faure, Michael

Number of pages: 43

Extract:

12. Globalization and multi-level
governance of environmental harm
Michael Faure

1 INTRODUCTION

1.1 Starting Point

The starting point for most of the chapters in this book is that lawmaking, and
more particularly the development of private law, poses specific challenges in
the era of globalization. It is this particular influence of the broad globaliza-
tion phenomenon on private lawmaking that has been the central focus of the
contributions in this book. This chapter will take up the challenge to examine
this relationship between globalization and (private) lawmaking as far as the
area of environmental law is concerned.1
There are potentially so many interfaces between globalization and envi-
ronmental problems that one could easily write an entire monograph simply
dealing with this relationship. The aim of this chapter is, however, more
modest. I will merely attempt to identify the influence of environmental issues
on globalization and vice versa, from both a positive and a normative perspec-
tive. This will allow me to identify a few issues that play a role in this respect
and to indicate a few areas where the relationship between globalization and
environmental law could lead to tensions.2 Within the scope of this chapter it
is not possible to even attempt to resolve these tensions. One can at most try
to identify some core questions and analyse to what extent environmental
issues pose problems or challenges for globalization that may be different
from those in other areas discussed in this volume.

1 See on ...