Global Climate Constitutionalism “from below”:The Role of Climate Change Litigation for Inteational Climate Lawmaking (Climate Change Management)

by: Manuela Niehaus (Author)

Publisher: Springer

Edition: 1st ed. 2023

Publication Date: 2023/12/27

Language: English

Print Length: 492 pages

ISBN-10: 3658431903

ISBN-13: 9783658431907

Book Description

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 inteational 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 inteational 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 inteational law (re)interpret national and inteational law and thereby contribute to the constitutionalisation of the inteational climate law regime.

About the Author

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 inteational 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 inteational 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 inteational law (re)interpret national and inteational law and thereby contribute to the constitutionalisation of the inteational climate law regime.