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  • 2 - Bridging the Gaps between Jurisdictions

  • Sean Whittaker, University of Dundee
  • Book:
    The Right of Access to Environmental Information
    Published online:
    12 November 2021
    Print publication:
    18 November 2021, pp 16-32

  • Summary

    Chapter 2 starts by discussing legal transplant theory, setting out the core elements of the theory as conceptualised by Watson and the subsequent critique by Legrand. The chapter then considers the modern developments of legal transplant theory, in particular the theory of legal translation, and incorporates them into its own application of the theory. After justifying the application of legal transplant theory, the chapter concludes by highlighting how legal transplant theory can be applied in both this area of law and the three jurisdictions selected for analysis.