Global Climate Constitutionalism From Below

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Global Climate Constitutionalism “from below”

Manuela Niehaus
Global Climate Constitutionalism from below Book PDF

Author : Manuela Niehaus
Publisher : Springer Nature
Page : 483 pages
File Size : 54,9 Mb
Release : 2024-01-27
Category : Law
ISBN : 9783658431914

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Global Climate Constitutionalism “from below” by Manuela Niehaus Pdf

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

Jordi Jaria-Manzano,Susana Borras
Research Handbook on Global Climate Constitutionalism Book PDF

Author : Jordi Jaria-Manzano,Susana Borras
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 42,9 Mb
Release : 2019-12-27
Category : Electronic
ISBN : 1788115805

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Research Handbook on Global Climate Constitutionalism by Jordi Jaria-Manzano,Susana Borras Pdf

Climate change is causing a geological transition, defining a new era in which the Earth System is configured through human action. The emergence of a global polity through physical, economic and social interaction demands a global response to this phenomenon which cannot be modelled on traditional political and legal concepts centred around the nation-state. This Research Handbook explores the implementation of climate constitutionalism on a global scale, considering both language and substance in order to design adequate normative patterns for addressing climate change.Against the narrative of the Anthropocene and its implications for the law, carefully curated chapters provide a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity that are so necessarily intertwined with the causes and consequences of climate change. Recognising the adaptation and mitigation demands implied by climate change, this astute 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. Timely and engaging, this Research Handbook will prove vital reading for students and scholars of environmental, constitutional and administrative law and policy. Climate change practitioners, policy makers and activists will also find its insights highly informative.

Climate Constitutionalism Momentum

Pasquale Viola
Climate Constitutionalism Momentum Book PDF

Author : Pasquale Viola
Publisher : Springer Nature
Page : 140 pages
File Size : 55,7 Mb
Release : 2022-03-29
Category : Technology & Engineering
ISBN : 9783030973360

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Climate Constitutionalism Momentum by Pasquale Viola Pdf

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 Environmental Constitutionalism

James R. May,Erin Daly
Global Environmental Constitutionalism Book PDF

Author : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 45,8 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107022256

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Global Environmental Constitutionalism by James R. May,Erin Daly Pdf

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.

Research Handbook on Global Climate Constitutionalism

Jordi Jaria-Manzano,Susana Borràs
Research Handbook on Global Climate Constitutionalism Book PDF

Author : Jordi Jaria-Manzano,Susana Borràs
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 54,6 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781788115810

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Research Handbook on Global Climate Constitutionalism by Jordi Jaria-Manzano,Susana Borràs Pdf

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.

The Far Right Today

Cas Mudde
The Far Right Today Book PDF

Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 44,9 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856

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The Far Right Today by Cas Mudde Pdf

The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.

Handbook on Global Constitutionalism

Anthony F. Lang,Antje Wiener
Handbook on Global Constitutionalism Book PDF

Author : Anthony F. Lang,Antje Wiener
Publisher : Edward Elgar Publishing
Page : 609 pages
File Size : 53,9 Mb
Release : 2023-11-03
Category : Political Science
ISBN : 9781802200263

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Handbook on Global Constitutionalism by Anthony F. Lang,Antje Wiener Pdf

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.

Human Rights and Climate Change

Siobhan Mcinerney-Lankford,Mac Darrow,Lavanya Rajamani
Human Rights and Climate Change Book PDF

Author : Siobhan Mcinerney-Lankford,Mac Darrow,Lavanya Rajamani
Publisher : World Bank Publications
Page : 162 pages
File Size : 43,9 Mb
Release : 2011
Category : Science
ISBN : 9780821387238

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Human Rights and Climate Change by Siobhan Mcinerney-Lankford,Mac Darrow,Lavanya Rajamani Pdf

This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.

Climate Change, Public Health, and the Law

Michael Burger,Justin Gundlach
Climate Change Public Health and the Law Book PDF

Author : Michael Burger,Justin Gundlach
Publisher : Cambridge University Press
Page : 469 pages
File Size : 52,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9781108417624

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Climate Change, Public Health, and the Law by Michael Burger,Justin Gundlach Pdf

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

Constitutionalism and Transnational Governance Failures

Anonim
Constitutionalism and Transnational Governance Failures Book PDF

Author : Anonim
Publisher : BRILL
Page : 417 pages
File Size : 44,8 Mb
Release : 2024-03-11
Category : Law
ISBN : 9789004693722

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Constitutionalism and Transnational Governance Failures by Anonim Pdf

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

Melanie Murcott
Transformative Environmental Constitutionalism Book PDF

Author : Melanie Murcott
Publisher : BRILL
Page : 270 pages
File Size : 43,7 Mb
Release : 2022-10-24
Category : Law
ISBN : 9789004509405

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Transformative Environmental Constitutionalism by Melanie Murcott Pdf

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.

Research Handbook on Transnational Corporations

Alice de Jonge,Roman Tomasic
Research Handbook on Transnational Corporations Book PDF

Author : Alice de Jonge,Roman Tomasic
Publisher : Edward Elgar Publishing
Page : 424 pages
File Size : 50,5 Mb
Release : 2017-01-27
Category : Electronic
ISBN : 9781783476916

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Research Handbook on Transnational Corporations by Alice de Jonge,Roman Tomasic Pdf

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.

Climate Leviathan

Joel Wainwright,Geoff Mann
Climate Leviathan Book PDF

Author : Joel Wainwright,Geoff Mann
Publisher : Verso Books
Page : 334 pages
File Size : 43,7 Mb
Release : 2018-02-13
Category : Political Science
ISBN : 9781786634313

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Climate Leviathan by Joel Wainwright,Geoff Mann Pdf

**Winner of the 2019 Sussex International Theory Prize** -- How climate change will affect our political theory - for better and worse Despite the science and the summits, leading capitalist states have not achieved anything close to an adequate level of carbon mitigation. There is now simply no way to prevent the planet breaching the threshold of two degrees Celsius set by the Intergovernmental Panel on Climate Change. What are the likely political and economic outcomes of this? Where is the overheating world heading? To further the struggle for climate justice, we need to have some idea how the existing global order is likely to adjust to a rapidly changing environment. Climate Leviathan provides a radical way of thinking about the intensifying challenges to the global order. Drawing on a wide range of political thought, Joel Wainwright and Geoff Mann argue that rapid climate change will transform the world's political economy and the fundamental political arrangements most people take for granted. The result will be a capitalist planetary sovereignty, a terrifying eventuality that makes the construction of viable, radical alternatives truly imperative.

The Paris Agreement on Climate Change

Geert Van Calster,Leonie Reins
The Paris Agreement on Climate Change Book PDF

Author : Geert Van Calster,Leonie Reins
Publisher : Edward Elgar Publishing
Page : 472 pages
File Size : 53,7 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781788979191

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The Paris Agreement on Climate Change by Geert Van Calster,Leonie Reins Pdf

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.

The History of Global Climate Governance

Joyeeta Gupta
The History of Global Climate Governance Book PDF

Author : Joyeeta Gupta
Publisher : Cambridge University Press
Page : 265 pages
File Size : 50,9 Mb
Release : 2014-02-06
Category : Law
ISBN : 9781107040519

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The History of Global Climate Governance by Joyeeta Gupta Pdf

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