Regulating from upstream: Sustainability law in the Asia‐Pacific

Abstract What is ‘sustainability law’ in the Asia‐Pacific? The term now encompasses fields as varied as biodiversity governance, Indigenous knowledge protection, trade disputes, supply chain regulation, financial disclosure and digital traceability. Existing scholarship has traced the rise of these dispersed regulatory techniques, but less attention has been paid to their cumulative effect on how legal authority is organised across the region. This editorial argues that sustainability law is emerging not primarily as a new body of environmental doctrine but as a shift in how environmental objectives are pursued through law. Law increasingly operates upstream, embedding environmental objectives within the regimes that structure trade, finance, markets and information flows. In doing so, it reshapes where regulatory authority is exercised, how responsibility is distributed and which forms of knowledge acquire regulatory force. The contributions to this Special Issue examine how these dynamics unfold across the Asia‐Pacific. They show that the distinctiveness of sustainability law lies not in the proliferation of new environmental rules, but in the sites and legal frameworks through which environmental outcomes are shaped before environmental law is formally engaged.

Publication Details

Journal
Review of European Comparative & International Environmental Law
Published
2026-03-24
DOI
https://doi.org/10.1111/reel.70047
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

Regulating from upstream: Sustainability law in the Asia‐Pacific

Review of European Comparative & International Environmental Law
Environmental law and policy
article

Regulating from upstream: Sustainability law in the Asia‐Pacific

article en

Abstract

Abstract What is ‘sustainability law’ in the Asia‐Pacific? The term now encompasses fields as varied as biodiversity governance, Indigenous knowledge protection, trade disputes, supply chain regulation, financial disclosure and digital traceability. Existing scholarship has traced the rise of these dispersed regulatory techniques, but less attention has been paid to their cumulative effect on how legal authority is organised across the region. This editorial argues that sustainability law is emerging not primarily as a new body of environmental doctrine but as a shift in how environmental objectives are pursued through law. Law increasingly operates upstream, embedding environmental objectives within the regimes that structure trade, finance, markets and information flows. In doing so, it reshapes where regulatory authority is exercised, how responsibility is distributed and which forms of knowledge acquire regulatory force. The contributions to this Special Issue examine how these dynamics unfold across the Asia‐Pacific. They show that the distinctiveness of sustainability law lies not in the proliferation of new environmental rules, but in the sites and legal frameworks through which environmental outcomes are shaped before environmental law is formally engaged.

Review of European Comparative & International Environmental Law
Life in Land
Openalex Percentile: Top 8%
Environmental law and policy
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Regulating from upstream: Sustainability law in the Asia‐Pacific · Review of European Comparative & International Environmental Law (2026) | TGRS Research Map | TGRS