Political economy and environmental law: a cost-benefit analysis

Jaye Ellis

Chapter 23 in Research Handbook on Law and Political Economy, 2025, pp 401-419 from Edward Elgar Publishing

Abstract: This chapter explores the deeply engrained interactions between environment and political economy and their implications for the development of environmental law. A central task of environmental law is the regulation of economic behavior, given the centrality of economic activity to environmental degradation. One result, however, is that economic logic has come to permeate environmental law and policy, with the voice of the law often barely audible. The chapter raises concerns about the consequences of this economic colonization of environmental law, highlighting the potential neglect of political and ethical dimensions of ecological issues. Starting with an analysis of Karl Polanyi's concept of the dis-embedded economy, the author questions the possibility of a re-embedding given the complexity and fragmented nature of society. Transnational law, often created and implemented by non-state actors and thus not hampered by jurisdictional boundaries, is increasingly prevalent in the domain of environmental governance. The author considers a series of risks associated with increased dependence on transnational environmental law, as well as means to address those risks.

Keywords: Environmental law; Sustainable development; Transnational law; Law and political economy (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803921181
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