Direito Global: Uma teoria adequada para se pensar o direito ambiental? - Global Law: A Proper Theory to Reflect on Environmental Law?


Revista de Direito Internacional - Brazilian Journal of Internation Law

2017, vol. 14, n°3, pp.9-19

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Global Law, Legal Theory, Environmental Law

Globalization has enabled the emergence and rise of new normative formsand institutions that, in practice, have assumed the functions of globalgovernance. These new norms have not gone unnoticed by jurists. Thereare several authors and schools of thought which have used this phenomenonto develop theories that recurrently lie under the labels of “global law”or “transnational law”. Therefore, this article has as its main objective themapping of the main theories of global law in debate, besides presenting,briefly, the pragmatic approach that we defend at the Perelman Center forPhilosophy of Law. Next, we will analyze how this approach can be appliedto environmental law, through the example of the fight against globalwarming. And finally, we will argue that global law, at least in its pragmaticversion, represents an adequate theoretical framework for thinking aboutenvironmental law