Research Handbook on Global Climate Constitutionalism
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Research Handbook on Global Climate Constitutionalism

Edited by Jordi Jaria-Manzano and Susana Borrás

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.
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Chapter 8: The fragility of climate, human responsibility and finding the impetus to act decisively – investigating the potential of the ethics of care

Karen Morrow

Abstract

The burgeoning climate change crisis is, understandably, spurring efforts to press human rights law into service to address some of its manifest impacts on people. This approach is, however, subject to inherent limitations – above all, the inevitably anthropocentric nature of human rights law means that, significant as it may prove, it cannot adequately carry the burden of addressing anthropogenic climate change. The shortcomings of existing approaches to law and policy in addressing this ‘super-wicked’ problem mean that a pernicious disengagement with issues must be addressed. In this context, where cumulative human activity is now recognised as posing an existential threat, finding new ways to conceive the human/environment relationship become imperative. Giving effect to the juxtaposition between human rights and human responsibility offers one potential route to do so. Meaningfully progressing human responsibility beyond the conceptual in international environmental law has, however, proven highly problematic. To revivify the debate, this chapter probes the possibilities of applying an eco-feminist-framed, ecologically informed iteration of the responsibility-rooted feminist ethics of care as a foundation for refashioning the human/environment relationship in a grounded, holistic and sustainable fashion, more fit to address the challenges we now face.

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