CLIMATE CONSTITUTIONALISM

THE THREE-DIMENSIONALITY OF THE LAW TO CLIMATE CHANGE

Authors

DOI:

https://doi.org/10.18623/rvd.v19i45.2201

Abstract

The effects of climate change, increasingly present in society, demand from the Law the confrontation and regulation of global, regional, and local demands for responses to mitigation, adaptation, and the losses and damages related to this phenomenon, enhanced in the Anthropocene. In this context, from a comparative methodological perspective, the emergence and recognition of Climate Constitutionalism based on the three-dimensionality of climate change law, based on international, national, and transnational regimes for dealing with changes in the climate and its effects. To illustrate the practical importance of climate constitutionalism, the paradigmatic climate disputes Leghari v. Pakistan and Juliana v. USA that, in common, reflect on the role played by constitutional provisions as a strategy to face the weakening of fundamental rights due to the negative effects of climate change.

Author Biography

Délton Winter de Carvalho, Universidade do Vale do Rio dos Sinos (UNISINOS)

Pós-Doutor pela University of California. Doutor e Mestre em Direito pela Universidade do Vale do Rio dos Sinos (UNISINOS). Graduado em Direito pela UNISINOS. Professor da UNISINOS.

Downloads

Published

2023-02-08

How to Cite

Carvalho, D. W. de. (2023). CLIMATE CONSTITUTIONALISM: THE THREE-DIMENSIONALITY OF THE LAW TO CLIMATE CHANGE. Veredas Do Direito, 19(45). https://doi.org/10.18623/rvd.v19i45.2201

Issue

Vol. 19 No. 45 (2022): Veredas do Direito “ Direito Ambiental e Desenvolvimento Sustentável, v. 19, n. 45, 2022

Section

Articles

License

I (we) submit this article which is original and unpublished, of my (our) own authorship, to the evaluation of the Veredas do Direito Journal, and agree that the related copyrights will become exclusive property of the Journal, being prohibited any partial or total copy in any other part or other printed or online communication vehicle dissociated from the Veredas do Direito Journal, without the necessary and prior authorization that should be requested in writing to Editor in Chief. I (we) also declare that there is no conflict of interest between the articles theme, the author (s) and enterprises, institutions or individuals.

I (we) recognize that the Veredas do Direito Journal is licensed under a CREATIVE COMMONS LICENSE.

 

Licença Creative Commons Attribution 3.0