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Author: Thoko Kaime

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Cultural Legitimacy and Regulatory Transitions for Climate Change: A Discursive Framework journal article

Thoko Kaime

Carbon & Climate Law Review, Volume 5 (2011), Issue 3, Page 321 - 328

Because of its tremendous temporal and spatial scope, climate change poses profound regulatory issues. Significant transboundary effects and spatially differentiated effects make it highly desirable that international regulatory mechanisms are utilised in order to arrive at effective mitigation and adaptation solutions. Yet, the different spaces that states occupy in terms of causation and effect makes agreement on what must be regulated through international mechanisms and indeed how to regulate such subject matter. Consequently, this paper proposes that legitimacy needs to be considered one of the core concerns of international climate change regulation and governance. The aim of this paper is to clarify the role of the concept of legitimacy in international climate change regulation, and to set forth a specific discursive approach aimed at identifying legitimacy-enhancing design features for internationally regulating climate change.

Editorial journal article

Thoko Kaime

Carbon & Climate Law Review, Volume 5 (2011), Issue 3, Page 305 - 307

Climate change poses fundamental and varied challenges to all communities across the globe.1 The adaptation and mitigation strategies proposed by governments and non-governmental organisations (NGOs) are likely to require radical and fundamental shifts in socio-political structures, technological and economic systems, organisational forms, and modes of regulation.2 The sheer volume of law and policy emanating from the international level makes it uncertain which type of regulatory or policy framework is likely to have a positive impact. As a result, climate change is not just an environmental problem requiring technical and regulatory solutions; it is a cultural arena in which a variety of stakeholders – state agencies, firms, industry associations, NGOs, and local communities – engage in contestation as well as collaboration over the form and substance of evolving regimes of governance.3 The success or failure of proposed measures will depend on their acceptability within the local constituencies within which they are sought to be applied. Therefore there is an urgent need to better comprehend and theorise the role of cultural legitimacy in the choice and effectiveness of international legal and policy interventions aimed at tackling the impact of climate change. In this regard, it is crucial to recognise that legitimacy critiques of international climate change regulation have the capacity to positively influence policy trends and legal choices.

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