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13 - Conceptualising Global Environmental Constitutionalism in a Regional Context

Perspectives from Asia and Europe

from Part III - Horizontal Interactions

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

The core thesis of Louis J. Kotzé’s chapter 13 is that the Anthropocene’s deepening global socio-ecological crisis underlines the urgency of revisiting the potential of constitutionalism to achieve some of the global regulatory interventionist outcomes needed to maintain an ordered co-existence and to improve global socio-ecological security. To this end, a case can be made in support of globalizing environmental constitutionalism, which would require exploring how far environmental constitutionalism manifests itself in the global regulatory space. Kotzé seeks specifically to make clear how global environmental constitutionalism currently manifests itself in a regional environmental law and governance setting, both in the European Union and in the Association of Southeast Asian Nations. The chapter thereby offers a perspective on the potentially different manifestations of global environmental constitutionalism in a comparable, but distinct, regional setting. At the same time, the chapterprovides common ground for global constitutionalism and environmental law discourses, and thus seeks to bridge the separation of the two issue areas.
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Publisher: Cambridge University Press
Print publication year: 2018

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