Document Type
Book Chapter
Publication Date
2017
Subjects
Carbon Contracting, Transnational
Abstract
Contract lawyers are well aware that it is in the boilerplate, in the creation of contractual norms, forms and defaults, that power gets divided and that winners and losers are made. This analysis applies to contractual governance just as it applies to the individual contract setting. This chapter draws on the example of forest carbon contracts to illustrate the 'behind the scenes' privileging of contractual forms, norms, and defaults in action. It argues that the reductionist vision of law emerging in the literature and practice of carbon contracting is both misleading and impoverished.
Citation Details
Natasha Affolder, “Transnational Carbon Contracting: Why Law’s Invisibility Matters” in A Claire Cutler & Thomas Dietz, eds, The Politics of Private Transnational Governance by Contract (London: Routledge, 2017) 215.