CLIMATE AND ENVIRONMENTAL JUSTICE: A COMPARATIVE PERSPECTIVE TO 'THINK DIFFERENT' ABOUT LONG-LASTING ISSUES
2020
Abstract
The essay deals with environmental and climate issues conveying a 'think different' approach to the legal debate. In doing so, the analysis introduces the relationship between science and law in reference to climate and environmental issues.
From this perspective, the inquiry focuses on constitutional clauses and state norms recognizing peculiar prerogatives for natural entities (Ecuador, Bolivia and New Zealand), as well as remarkable leading cases concerning procedural rights (Colombia and India) and state responsibility for insufficient climate actions (The Netherlands). Finally, the essay suggests key-questions that could merge environmental and climate justice/litigation, as well as foster the debate on new legal paradigms.