Global Climate Constitutionalism From Below
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Global Climate Constitutionalism From Below
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Author : Manuela Niehaus
language : en
Publisher: Springer Nature
Release Date : 2023-12-26
Global Climate Constitutionalism From Below written by Manuela Niehaus and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-26 with Law categories.
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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Author : Jordi Jaria-Manzano
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Research Handbook On Global Climate Constitutionalism written by Jordi Jaria-Manzano and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-27 with Law categories.
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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Author : Pasquale Viola
language : en
Publisher: Springer Nature
Release Date : 2022-03-29
Climate Constitutionalism Momentum written by Pasquale Viola and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-29 with Technology & Engineering categories.
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.
Handbook On Global Constitutionalism
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Author : Anthony F. Lang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Handbook On Global Constitutionalism written by Anthony F. Lang and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Political Science categories.
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.
The History Of Global Climate Governance
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Author : Joyeeta Gupta
language : en
Publisher: Cambridge University Press
Release Date : 2014-02-06
The History Of Global Climate Governance written by Joyeeta Gupta and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-06 with Law categories.
A systematic exploration of the underlying issues and negotiation history of climate change governance, for policymakers, NGOs, researchers and graduate students.
Constitutionalism And Transnational Governance Failures
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Author :
language : en
Publisher: BRILL
Release Date : 2024-03-11
Constitutionalism And Transnational Governance Failures written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-11 with Law categories.
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)
Research Handbook On Transnational Corporations
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Author : Alice de Jonge
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-01-27
Research Handbook On Transnational Corporations written by Alice de Jonge and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-27 with Business & Economics categories.
Transnational corporations (TNCs) have moved to the forefront of regulatory governance both within states and in the international arena. The Research Handbook on Transnational Corporations provides expert background commentary and up-to-date insights into regulatory frameworks impacting on TNCs at global, industry and national levels. Written by global experts in their field, this unique collection of essays provides in-depth understanding of how the forces of globalisation affect the world’s largest corporations, and how those corporations, in turn, shape globalisation.
The Paris Agreement On Climate Change
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Author : Geert Van Calster
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-03-26
The Paris Agreement On Climate Change written by Geert Van Calster and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.
Providing in-depth coverage of each article of the Paris Agreement, this Commentary offers a comprehensive, legal analysis of this most recent and important international instrument on climate change. This provision-by-provision textual analysis examines the commitments that parties to the Agreement have made to undertake ambitious efforts to combat climate change and adapt to its effects, whilst providing additional support to developing countries.
Ecofeminism On The Edge
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Author : Goran Đurđević
language : en
Publisher: Emerald Group Publishing
Release Date : 2024-02-02
Ecofeminism On The Edge written by Goran Đurđević and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-02 with Social Science categories.
With a special focus on education and underrepresented geographical locations, this book is an inclusive collection of theories, discourses, art, identities, and practices related to this discipline.
Regulating Global Climate Change
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Author : B.H. Desai
language : en
Publisher: IOS Press
Release Date : 2023-08-15
Regulating Global Climate Change written by B.H. Desai and has been published by IOS Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-15 with Science categories.
For some years now, growing scientific warnings have continued to strengthen the belief that an unprecedented global warming is underway, and that only an urgent system-wide transformation can avoid climate disaster. In his June 2, 2022 address to the Stockholm+50 Conference, the UN Secretary-General Antonio Guterres construed “climate emergency” as one of the key drivers of the “triple planetary crisis.” Despite this, the overriding impression left by COP27, held in Sharm el-Sheikh in November 2022, was of a divided institution, floundering and nowhere close to realizing its stated aim of “stabilizing greenhouse gas concentrations at a level that would prevent dangerous interference with the climate system”. While prognoses and projections set the stage for a climate change emergency, the legally ordained platform for institutionalized cooperation to deal with the problem seems always to be achieving too little too late. This book, Regulating Global Climate Change, presents articles from the special climate change issue of the journal Environmental Policy and Law (vol. 52 (5-6), 2022), published to mark the 30th year of the UNFCCC. The book provides a sequel to two previously published IOS Press books: Our Earth Matters (2021) and Envisioning Our Environmental Future (2022), and the contributions included here seek to make sense of the marathon climate-change regulatory process. The book is organized into 5 parts: climate normativity; regime at the crossroads; climate justice; factoring gender; and the Paris conundrum. Urging scholars and decision-makers to consider the approach, process, tools and techniques used to address the primary objective of the UNFCCC as well as strongly calling for a decisive new normative push from “common concern” to “planetary concern”, the book will be of interest to all those involved in the process of tackling, and dealing with the adverse effects of global climate change. Bharat H. Desai is Professor of International Law, Jawaharlal Nehru Chair in International Environmental Law and Chairperson of the Centre for International Legal Studies at School of International Studies of Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the global journal Environmental Policy and Law (Amsterdam: IOS Press).