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Polaris and Pluralism: Presenting a Legal Analytical Framework for Climate Finance

Megan Bowman

DOI https://doi.org/10.21552/cclr/2023/1/4



A global transition to a low-carbon and climate resilient world will require trillions of dollars of finance and investment which raises questions, instrumental and normative, about how best to harness the private sector for public benefit and the optimal role for law and regulation in enabling climate finance. Taking Article 2.1(c) of the Paris Agreement as its North Star, this article contributes a new and much-needed legal voice to the ontological discourse about climate finance. It makes explicit why and how national law and regulation are required to shape the rapidly evolving field of climate finance where sources and channels of capital are diversifying and multiplying out of necessity to meet Paris objectives. Specifically, it interweaves theories of regulatory capitalism and regulatory pluralism with empirical findings to present a novel Legal Analytical Framework for Climate Finance comprising financial mechanisms and facilitative modalities and the legal forms they can take in order to shine light on an emerging field; that of climate finance law and regulation.

Founding Director of the Centre for Climate Law and Governance, King’s College London. The research that underpins this article occurred in several stages and was funded variously by a Leverhulme Fellowship RF-2020-441\8 (2020-2022) British Academy/Leverhulme Small Research Grant SRG\171352 (2018-2019) and King’s Together Seed Award (2017-2018) for which I am very grateful. I am indebted to two anonymous reviewers and a swathe of colleagues for insightful comments on earlier iterations; and to Hannah Getachew (MPhil/PhD candidate) for assistance. For correspondence: <megan.bowman@kcl.ac.uk>.

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