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Scientific article
English

Melting law: Learning from practice in transboundary mountain regions

Published inEnvironmental science & policy, vol. 49, p. 32-44
Publication date2015
Abstract

Transboundary mountain regions in Europe emerge as normative spaces at the intersection of territorial and environmental governance. Constituting a meeting point of different national legal orders under the umbrella of international regimes, they have become natural laboratories for the development of cross-border law. The objective of this article is to examine the nature and normative dimension of such legal environments. To this end, we introduce the concept of ‘melting law' as a means to assess the re-combination of different modes of conventional, national, international, supranational and/or interregional normativities. Hard (national) laws melt within the framework of transboundary mountain regions as a legal category, based on a mixture of national, international (or EU) and interregional norms, each combining with the other by softening their usual normative impact. Building on a review of legal approaches to mountains and cross-border cooperation practices, we trace the development of ‘‘melting law'' and ‘‘melted law'' through a discussion of the legal framework for and the impact of ‘‘working communities'' and the ‘‘European Grouping for Territorial Cooperation'' (EGTC). The discussion mobilizes a global approach with a view to generate new insights into the legal challenges facing transboundary mountain governance in Europe.

Keywords
  • Regional governance
  • Multi-level governance
  • Hard law
  • Soft law
  • Melting law
  • Mountain regions
  • Cross-border cooperation
  • Working communities
  • European Grouping for Territorial Cooperation (EGTC)
  • Borders
Funding
  • Swiss National Science Foundation - European Regional Mountain Initiatives
Citation (ISO format)
PERRIER, Benjamin, LEVRAT, Nicolas. Melting law: Learning from practice in transboundary mountain regions. In: Environmental science & policy, 2015, vol. 49, p. 32–44. doi: 10.1016/j.envsci.2014.12.023
Identifiers
ISSN of the journal1462-9011
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