ABSTRACT

Chapter 1 studies different understandings of international environmental law and critiques existing multidisciplinary theoretical understandings of legal obligation from international law and international relations. A new socio-legal discourse of interactive environmental law is introduced which sees that both formal and informal international environmental obligations can attract implementation and compliance when effective interactive processes are established at all levels of governance, that is, from international to sub-national levels. Interactive law stresses that focus on legitimacy of process and the nature of legal obligation is important at all levels of governance, with unique opportunities at domestic levels to strengthen international environmental law.