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Conceptualizing the implementation of decisions on environmental conflics beyond the nation state

Conflict Resolution
Environmental Policy
Governance
Populism
Courts
Qualitative Comparative Analysis
Judicialisation
Policy Implementation
Andreas Corcaci
Universiteit Antwerpen
Andreas Corcaci
Universiteit Antwerpen

Abstract

This paper conceptualizes the implementation of decisions on environmental conflicts beyond the nation-state from a concept-structural perspective. It provides an integrated analytical framework which illustrates both the conceptual basis for comparing implementation processes in a variety of supra- and international conflicts, especially judgements by courts and managerial agreements from non-compliance mechanisms. It theorizes two crucial explanatory paths following a conjunctural logic. This approach considers various structural, procedural, and context conditions at different levels of governance relevant to the implementation of European and international legal obligations. While legal frameworks at the national level are often dense, European Union and international law imply their own unique implementation settings, which is highly relevant in environmental conflicts, especially considering the high politics of climate change and the backlash stemming from populist governments and political regimes. First, existing research on the implementation of environmental conflict resolution is discussed. Second, a concept-structural framework is developed to both theorize the implementation of decisions, and to provide an integrated analytical framework for further analysis. Finally, empirical examples are introduced to illustrate the viability of this approach.