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Research Handbook on Global Climate Constitutionalism

Edited by Jordi Jaria-Manzano, Serra Hunter Fellow in Constitutional and Environmental Law and Susana Borràs, Aggregate Professor, Departament de Dret Públic, Universitat Rovira i Virgili, Catalonia, Spain
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.
Extent: c 528 pp
Hardback Price: $290.00 Web: $261.00
Publication Date: December 2019
ISBN: 978 1 78811 580 3
Availability: Not yet published
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  • eISBN: 978 1 78811 581 0

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  • Environment
  • Climate Change
  • Environmental Law
  • Environmental Politics and Policy
  • Law - Academic
  • Constitutional and Administrative Law
  • Environmental Law
  • Politics and Public Policy
  • Environmental Politics and Policy
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.

‘Anyone concerned about an orderly and principled human response to the planetary consequences of climate change will find guidance and insight in this collection of engaged essays ranging from conceptual perspectives on global governance and justice through to practical and institutional analysis of the ongoing transition in energy systems.’
– Jamie Benidickson, University of Ottawa, Canada
Contributors include: S. Atapattu, S. Borràs, K. Bosselmann, E. Cocciolo, G.M. Cuadros, E. Daly, P. de Araujo Ayala, B.H. Desai, R.J. Heffron, A. Hornborg, J. Jaria-Manzano, L.J. Kotzé, J.R. May, D. McCauley, K. Morrow, M. Powers, J.M. Pureza, B.K. Sidhu, A. Sinden









Contents:

1. Introduction: The Global Polity, a Constitutional Approach to the Anthropocene Narrative and Climate Change Governance
Jordi Jaria-Manzano and Susana Borràs

A Climate, Anthropocene, Constitution
2. The Anthropocene Challenge to our Worldview
Alf Hornborg

3. Law in the Anthropocene
Jordi Jaria-Manzano

4. A Global Constitution for the Anthropocene
Louis J. Kotzé

5. The Atmosphere as a Global Commons
Klaus Bosselmann

B Constitution as Global Governance Framework
6. Global Environmental Constitutionalism
José Rubens Morato Leite and Patryck de Araujo Ayala

7. Global Constitutionalism as an Ambivalent Script
José Manuel Pureza

C The Constitution of Fragility: Justice and Sustainability for Climate Governance
8. The Fragility of Climate, Human Responsibility and Finding the Impetus to Act Decisively―Investigating the Potential of the Ethics of Care
Karen Morrow

9. A Human Rights Framework for the Anthropocene
Amy Sinden

10. Climate Change as a Common Concern of Humankind. Some Reflections on International Law-making Process
Bharat H. Desai

11. Environmental Rights, Responsibility and Care: A New Constitutional Paradigm
Gregorio Mesa Cuadros

D Climate Justice, Climate Litigation and Global Constitutionalism
12. Environmental Justice, Climate Justice and Constitutionalism: Protecting Vulnerable States and Communities
Sumudu Attapatu

13. Climate Migration, Gender and Poverty
Susana Borràs

14. Global Climate Constitutionalism and Justice in the Courts
James May and Erin Daly

E Social Metabolism, Energy and Constitution
15. Energy Transition: Reforming Social Metabolism
Melissa Powers

16. Capitalocene, Thermocene and the Earth System: Global law and Connectivity in the Anthropocene Time
Endrius Cocciolo

17. Beyond Energy Justice: Towards a Just Transition
Raphael Heffron and Darren McCauley

18. Conclusion: Exploring a Constitution for the Climate
Jordi Jaria-Manzano

Index