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Climate Constitutionalism Momentum: Adaptive Legal Systems

Climate Constitutionalism Momentum: Adaptive Legal Systems

Author: Pasquale Viola
Publisher: Springer-Verlag
ISBN: 9783030973384
Published In: March 2023
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

1. Introduction. Climate and the Law

1.1 From the initial lack of trust to the acknowledgement of the Anthropocene 1.2 Interdisciplinary forewords to climate change law 1.3 Cautiously moving forward: what we should expect from the next chapters

2. The International Framework, Policies, and the Law. Towards National Legal Domains for Climate Issues

2.1 Introduction. The epistemological complexity of climate/environmental principles and rules 2.2 Transnational concerns and developments of international law addressing environmental and climate issues

2.3 The main legacy to climate change law from international environmental law. An outline 2.4 Monologues for the Paris Agreement's dialogues: the Nationally Determined Contribution system 2.5 Basic prospects of future actions through NDCs 2.6 Are domestic legal systems adaptive? 2.7 Between climate and the environment. The "aurora" of a legal consciousness and the shift from preservation and restoration to resilience and adaptation

3. The Ongoing Foundation of the Constitutionalisation of Climate

3.1 Introduction. Comparative public and constitutional law 3.2 Climate-related values and principles within a domestic legal system 3.3 Constitutionalism 3.4 Constitutionalism(s) 3.4.1 Transformative constitutionalism

3.4.2 Nuevo constitucionalismo latinoamericano 3.4.3 Global constitutionalism 3.4.4 Environmental constitutionalism 3.5 Constitution matters: "climate provisions"

4. Applied Climate Justice and Functional Climate Litigation: Overlapping Circles

4.1 Introduction. Towards distributive justice 4.2 Beyond distributive justice 4.3 Current trends in climate litigation 4.3.1 Friends of the Irish Environment v. The Government of Ireland et al.

4.3.2 Notre affaire a tout and Others v. France 4.3.3 DG Khan Cement Company v. Government of Punjab

5. Conclusion. The Climate Constitutionalism Momentum