Jordi Jaria i Manzano
Susana Borràs Pentinat
Universitat Rovira i Virgili
Climate litigation and constitutional discourse
Climate governance evolves into a significant space of visibility for the main problems generated with globalization, as defining collective goals, determining responsibilities and controlling power. From the point of view of different aspects of Law, this project is aiming to advance in the way of forging strategies to deploy plural and efficient policies regarding the challenges raised by climate change within contemporary societies.
The conceptual apparatus used here starts from the idea of constitution, according with recent trends in legal thought as the constitutionalization of international law or multilevel or network constitutionalism. Starting from these ideas the project is built upon the constitutionalism of scarcity, which is based in the fundamental concepts of sustainability and environmental justice. The pretension here is to provide an appropriate matrix aiming to give substance to the complex of international instruments regarding the global reaction confronting climate change. The diverse legal approaches to this question in national law, particularly, in the Spanish system, are also considered.
Firstly, the project is oriented to map a theoretical constitutional model aiming to define interpretation frameworks allowing the maximization of legal regulations regarding climate change. The constitutional matrix is seen here as a means to use law to control power. The model will be defined by the precautionary principle as well as the responsibility and cooperation principles, according with a pragmatic, adaptive and plural idea of constitution, conceived as normative complex aiming to control power and guarantee the fundamental status to the members of a certain community, being this a state or not. This idea can be projected in an international context.
This should move forward in the way of developing the possibilities of litigation in climate change affairs, taking profit of the constitutional configuration of the legal framework as described above. The goal here is to open a jurisdictional space for accountability and liability for actors relevant in climate change causation. Climate debt is particularly important here.
Consistently with this, the project is focused in two main topics. Firstly, it is aimed to define a theoretical constitutional model, allowing the design of new interpretative strategies. These should be consistent in orienting the process of selection and application of law in climate change litigation. Using different legal sources it is intended to advance in hatching a texture based in equity and sustainability. To study current case-law about climate change is a crucial aspect of this research, oriented to make operational social demands on climate change.
The project is centred in climate litigation, considering that this could provide a framework to control, liability and accountability, in promoting the adequate legal responses to tackle climate change.
37.5 hours a week
01 October 2017
|This project has received funding from the European Union's Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement No. 713679|