We can't find the internet
Attempting to reconnect
Something went wrong!
Hang in there while we get back on track
Legal Pluralism as a Theory for the Challenges on Environmental Health
Summary
This paper argues for legal pluralism as a theoretical framework for studying environmental health issues, where multiple legal systems and norms coexist. It is a legal theory paper relevant to understanding why international plastic pollution governance remains fragmented.
This paper intends to justify the theory of legal pluralism for studying environmen-tal health issues. The positive law approach has made some headway, although some areas of environmental health seem to be incipient. Hard law has encoun-tered difficulties to succeed in enforcing industrial pollution or water contamina-tion. Furthermore, national jurisdictions are prone to support particular economic interests. This conundrum of legal positivism encourages challenging it with the theory of pluralism. It is found that the latter might allow deliberation and active participation of non-state actors within environmental health. It is also discussed that the plurality of law allows certain flexibility due to its little hierarchization, the lack of theoretical rules and the relaxation of state sovereignty.
Sign in to start a discussion.
More Papers Like This
Environmental legislation analysis improvement approach of global marine plastic pollution from the perspective of holistic system view
This review analyzes international laws and regulations aimed at preventing marine plastic pollution, from United Nations conventions to individual country legislation. The authors find that current legal frameworks are fragmented and fail to address the full scope of the problem, including microplastics entering human bloodstreams through the food chain. They propose a comprehensive Marine Plastics Convention that emphasizes environmental justice and stricter risk prevention measures.
An International Legal Framework for Marine Plastics Pollution
This legal analysis reviews the current international framework for regulating marine plastics and identifies significant gaps and inconsistencies across treaties and agreements. The chapter argues that stronger, more unified global legal instruments are needed to effectively reduce plastic pollution in the world's oceans.
International Water Law’s Role in Addressing the Problem of Marine Plastic Pollution: A Vital Piece in a Complex Puzzle!
This legal analysis examined the role of international water law in addressing marine plastic pollution, arguing that existing water governance frameworks have largely overlooked plastics as a water resource management problem. The author advocates for integrating plastic pollution controls into international water law instruments.
Legal Approaches to Reduce Plastic Marine Pollution: Challenges and Global Governance
This review examined legal approaches to reducing marine plastic pollution and found that while international frameworks like the International Maritime Organization's MARPOL Annex V and regional agreements provide useful foundations, significant governance gaps and enforcement challenges remain in addressing the global scale of marine plastic contamination.
Dilemma in global governance of marine plastic pollution and regulatory coordination: convention reconstruction via integrated international law
This legal analysis examined fragmented international governance of marine plastic pollution across 17 instruments including UNCLOS, MARPOL, and regional conventions, identifying a gap between soft law priorities and binding enforcement for microplastics. The authors proposed an integrated umbrella convention framework with specialized protocols to align the Global Plastic Treaty with existing agreements and establish enforceable plastic production caps.