"International legal transplants" [2019] ELECD 1467; in Marsden, Simon (ed), "Protecting the Third Pole" (Edward Elgar Publishing, 2019) 35

Book Title: Protecting the Third Pole

Editor(s): Marsden, Simon

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: International legal transplants

Number of pages: 28

Abstract/Description:

Chapter 2 explains the comparative law of legal transplants, particularly international examples and how these have developed in relation to domestic law. It considers their potential with reference to comparative legal theory. The development of this theory is explained and critiqued before the relevance to international law, particularly international environmental law, is analysed. Examples of vertical and horizontal transplants are given to illustrate the range of situations where laws have been adopted from one situation and applied to another, with a particular focus on contextual constraints. The institutional application of legal transplants is also considered, for organisations able to transplant international law to the Third Pole.