Hoi L. Kong


This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest,1 and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of transnational law that (i) views the state as disaggregated, rather than unitary, (ii) focuses on informal legal mechanisms that do not have authoritative status and (iii) directs attention towards law’s facilitative functions and away from law’s binding force. This special issue’s theme of transnational administrative law is specifically addressed by looking at a case study of transnational regulation, and an examination of the antecedents for this form of regulation in the administrative structures of Canadian federalism. But first, a point about terminology.

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