Global Climate Constitutionalism “from below”

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Release : 2024-01-27
Genre : Law
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Book Rating : 911/5 ( reviews)

Global Climate Constitutionalism “from below” - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Global Climate Constitutionalism “from below” write by Manuela Niehaus. This book was released on 2024-01-27. Global Climate Constitutionalism “from below” available in PDF, EPUB and Kindle. 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.

Research Handbook on Global Climate Constitutionalism

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Release : 2019-12-27
Genre : Law
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Book Rating : 813/5 ( reviews)

Research Handbook on Global Climate Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Research Handbook on Global Climate Constitutionalism write by Jordi Jaria-Manzano. This book was released on 2019-12-27. Research Handbook on Global Climate Constitutionalism available in PDF, EPUB and Kindle. 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 Constitutionalism Momentum

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Release : 2022-03-29
Genre : Technology & Engineering
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Book Rating : 360/5 ( reviews)

Climate Constitutionalism Momentum - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Climate Constitutionalism Momentum write by Pasquale Viola. This book was released on 2022-03-29. Climate Constitutionalism Momentum available in PDF, EPUB and Kindle. 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.

Global Constitutionalism 2019

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Release : 2019
Genre : Climate change mitigation
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Book Rating : /5 ( reviews)

Global Constitutionalism 2019 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Global Constitutionalism 2019 write by Clare Frances Ryan. This book was released on 2019. Global Constitutionalism 2019 available in PDF, EPUB and Kindle.

Global Environmental Constitutionalism

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Release : 2015
Genre : Business & Economics
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Book Rating : 258/5 ( reviews)

Global Environmental Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Global Environmental Constitutionalism write by James R. May. This book was released on 2015. Global Environmental Constitutionalism available in PDF, EPUB and Kindle. 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.