Global Climate Constitutionalism “from below”

Global Climate Constitutionalism “from below”

Author: Manuela Niehaus

Publisher: Springer Nature

Published: 2024-01-27

Total Pages: 483

ISBN-13: 3658431911

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Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.


Global Environmental Constitutionalism

Global Environmental Constitutionalism

Author: James R. May

Publisher: Cambridge University Press

Published: 2015

Total Pages: 427

ISBN-13: 1107022258

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Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.


Constitutionalism in Global Constitutionalisation

Constitutionalism in Global Constitutionalisation

Author: Aoife O'Donoghue

Publisher: Cambridge University Press

Published: 2014-06-05

Total Pages: 281

ISBN-13: 1107050251

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Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.


Research Handbook on Global Climate Constitutionalism

Research Handbook on Global Climate Constitutionalism

Author: Jordi Jaria-Manzano

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 351

ISBN-13: 1788115813

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Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.


Climate Change, Public Health, and the Law

Climate Change, Public Health, and the Law

Author: Michael Burger

Publisher: Cambridge University Press

Published: 2018-10-25

Total Pages: 469

ISBN-13: 1108417620

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Presents comprehensively the currently un-mapped constellation of issues related to climate change, public health, and the law.


Climate Constitutionalism Momentum

Climate Constitutionalism Momentum

Author: Pasquale Viola

Publisher: Springer Nature

Published: 2022-03-29

Total Pages: 140

ISBN-13: 3030973360

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While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the “aurora” of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects. Based on the need to rethink legal paradigms, “Climate Constitutionalism Momentum: Adaptive Legal Systems” deals with three major means to combat anthropogenic climate change—namely science, politics and law—further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum. Academic researchers are the book’s primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.


The History of Global Climate Governance

The History of Global Climate Governance

Author: Joyeeta Gupta

Publisher: Cambridge University Press

Published: 2014-02-06

Total Pages: 265

ISBN-13: 1107040515

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A systematic exploration of the underlying issues and negotiation history of climate change governance, for policymakers, NGOs, researchers and graduate students.


Handbook on Global Constitutionalism

Handbook on Global Constitutionalism

Author: Anthony F. Lang

Publisher: Edward Elgar Publishing

Published: 2023-11-03

Total Pages: 609

ISBN-13: 1802200266

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This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.


Constitutionalism and Transnational Governance Failures

Constitutionalism and Transnational Governance Failures

Author:

Publisher: BRILL

Published: 2024-03-11

Total Pages: 417

ISBN-13: 9004693726

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This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law? "This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism." Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)


Transformative Environmental Constitutionalism

Transformative Environmental Constitutionalism

Author: Melanie Murcott

Publisher: BRILL

Published: 2022-10-24

Total Pages: 270

ISBN-13: 9004509402

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In Transformative Environmental Constitutionalism, Professor Melanie Jean Murcott writes from a Global South perspective, drawing on South African context to provide a transformative theoretical framework for adjudication of environmental law disputes which could be more responsive to social, environmental, and climate injustices.