Socio-Legal Factors Influencing US and EU Law and Policymaking
Questions of how and why the EU and the US are responding to climate change and what socio-political factors drive these choices remain underexplored. To better understand convergences and divergences in EU and US climate change strategies, this chapter examines five categories of factors that influence climate change law and policy-making in Europe and America, including: (1) systems of governance; (2) risk perception and notions of precaution; (3) the roles of media and civil society; (4) modes of capitalism; (5) notions of equity. The objective of this analysis is not to undertake an exhaustive review of each of these topics, all of which have generated a rich body of literature. Rather, the goal of this chapter is to outline how each of these fundamental factors shapes transatlantic climate debate and highlight points requiring further enquiry.
Keywords: Governance, Polity, Scientific uncertainty, Precautionary principle, Media, Civil society, Capitalism, Ethics
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