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 11: Environmental rights, responsibility and care: a new constitutional paradigm

Gregorio Mesa Cuadros

Abstract

The misuse of the environment by a small part of the human population has generated grave problems and conflicts over the centuries. In recent decades, its consequences have begun to affect all of humanity, ecosystems and the entire planet. To address the unfettered appropriation of nature, from a legal-political point of view, an integral perspective of rights is emerging, indicating the need for concrete environmental limits to the behaviour of humans, states and companies. A theory of environmental rights based on care, duties and responsibility for all present and future human beings and ecosystems, as well as waters, forests and other natural and cultural commons, could help to address the current protection deficit of nature and human communities.

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