The shale gas revolution has reached the United Kingdom. Licenses for exploratory shale gas extraction have already been issued and a recent independent review commissioned by the British government concluded that shale gas extraction can proceed. However, the regulation of these activities is based on the broader regulatory framework for oil and gas, which does not fully account for the particular technical challenges and environmental and health impacts of unconventional gas extraction, resulting in gaps in authorization and monitoring procedures. This article analyzes the relevant European Union and domestic provisions regarding the licensing and permitting system, hydraulic fracturing and water management, as well as the mitigation of the risk of induced seismicity.

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There is no hope for international environmental law to be an engine for global social change when it can no longer provide a compelling account of itself. This article presents a theoretical framework, constructed from the works of Michel Foucault, capable of tracing this loss of descriptive capacity, as well as the resultant prescriptive confusion. The analysis examines the challenges posed by the triptych of biodiversity, biotechnology and neoliberalism housed under the idea of genetic gold, and calls for attention to micro-politics, in the shape of the apparatuses for the production of environmental subjectivity that operate outside the formal structures of the international legal sphere. The trope of genetic gold is revealed as an obsolete attempt to protect a fixed idea of biodiversity based on an outdated conception of environmental value. In response, the author argues for a mature confrontation with the end(s) of international environmental law.

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