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Author: Manuela Niehaus
Publisher: Springer Nature
ISBN: 3658431911
Category : Law
Languages : en
Pages : 483
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Book Description
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.
Author: Manuela Niehaus
Publisher: Springer Nature
ISBN: 3658431911
Category : Law
Languages : en
Pages : 483
Get Book Here
Book Description
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.
Author: Jordi Jaria-Manzano
Publisher: Edward Elgar Publishing
ISBN: 1788115813
Category : Law
Languages : en
Pages : 352
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Book Description
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.
Author: Pasquale Viola
Publisher: Springer Nature
ISBN: 3030973360
Category : Technology & Engineering
Languages : en
Pages : 140
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Book Description
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.
Author: Clare Frances Ryan
Publisher:
ISBN:
Category : Climate change mitigation
Languages : en
Pages :
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Book Description
Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427
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Book Description
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.
Author: Aoife O'Donoghue
Publisher: Cambridge University Press
ISBN: 1107050251
Category : Law
Languages : en
Pages : 281
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Book Description
Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.
Author: Michael Burger
Publisher: Cambridge University Press
ISBN: 1108417620
Category : Law
Languages : en
Pages : 469
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Book Description
Presents comprehensively the currently un-mapped constellation of issues related to climate change, public health, and the law.
Author: Alison Stone
Publisher: Polity
ISBN: 0745638821
Category : Philosophy
Languages : en
Pages : 249
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Book Description
This is the first book to offer a systematic account of feminist philosophy as a distinctive field of philosophy. The book introduces key issues and debates in feminist philosophy including: the nature of sex, gender, and the body; the relation between gender, sexuality, and sexual difference; whether there is anything that all women have in common; and the nature of birth and its centrality to human existence. An Introduction to Feminist Philosophy shows how feminist thinking on these and related topics has developed since the 1960s. The book also explains how feminist philosophy relates to the many forms of feminist politics. The book provides clear, succinct and readable accounts of key feminist thinkers including de Beauvoir, Butler, Gilligan, Irigaray, and MacKinnon. The book also introduces other thinkers who have influenced feminist philosophy including Arendt, Foucault, Freud, and Lacan. Accessible in approach, this book is ideal for students and researchers interested in feminist philosophy, feminist theory, women's studies, and political theory. It will also appeal to the general reader.
Author: Joyeeta Gupta
Publisher: Cambridge University Press
ISBN: 1107040515
Category : Law
Languages : en
Pages : 265
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Book Description
A systematic exploration of the underlying issues and negotiation history of climate change governance, for policymakers, NGOs, researchers and graduate students.
Author: Erin Daly
Publisher: Cambridge University Press
ISBN: 1107165180
Category : Law
Languages : en
Pages : 253
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Book Description
Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
