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  • 标题:Polycentric approach to global constitutionalism and climate change
  • 本地全文:下载
  • 作者:Ernani Contipelli
  • 期刊名称:Revista Catalana de Dret Ambiental
  • 电子版ISSN:2014-038X
  • 出版年度:2019
  • 卷号:10
  • 期号:1
  • 页码:1-39
  • DOI:10.17345/rcda2532
  • 出版社:La Generalitat de Catalunya & Universitat Rovira i Virgili
  • 摘要:The construction of the global constitutionalism’s narrative requires interpretative efforts in order to recognize, at the same time, the basic values of the constitutionalism and the irreversible fragmentation of the international order, establishing legal frameworks to stimulate collective and coordinate actions in different scales of governance specially to handle top global threats as the case of the climate change. The polycentricity and its alternative and pluralistic approach that aims to maximize the potential convergence of multiple governance units appears in this context as an appropriate analytical method to develop a discursively narrative which generates a constitutional framework adjusted to handle with climate change, building the idea of a micro-globalclimate-constitutionalized system. Therefore, the micro-global-climateconstitutionalism bounded by a set of overarching rules as the United Nations Framework Convention on Climate Change (UNFCCC) and the constitutive and regulatory documents elaborated at the decision-making process of the Conference of Parties (COPs), specially the Kyoto Protocol and the Paris Agreement, supports the international climate regime, generating a scheme of comprehensive values and principles through uniform standards that oriented coordinated initiatives of higher and lower levels of authority towards a dynamic and progressive model of governing.
  • 其他摘要:The construction of the global constitutionalism’s narrative requires interpretative efforts in order to recognize, at the same time, the basic values of the constitutionalism and the irreversible fragmentation of the international order, establishing legal frameworks to stimulate collective and coordinate actions in different scales of governance specially to handle top global threats as the case of the climate change. The polycentricity and its alternative and pluralistic approach that aims to maximize the potential convergence of multiple governance units appears in this context as an appropriate analytical method to develop a discursively narrative which generates a constitutional framework adjusted to handle with climate change, building the idea of a micro-global-climate-constitutionalized system. Therefore, the micro-global-climate-constitutionalism bounded by a set of overarching rules as the United Nations Framework Convention on Climate Change (UNFCCC) and the constitutive and regulatory documents elaborated at the decision-making process of the Conference of Parties (COPs), specially the Kyoto Protocol and the Paris Agreement, supports the international climate regime, generating a scheme of comprehensive values and principles through uniform standards that oriented coordinated initiatives of higher and lower levels of authority towards a dynamic and progressive model of governing.
  • 关键词:international environmental law;international law;constitutionalism
  • 其他关键词:international environmental law;international law;constitutionalism
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