Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-cfpbc Total loading time: 0 Render date: 2024-04-18T11:23:14.158Z Has data issue: false hasContentIssue false

8 - Judicial Implementation of Environmental Constitutionalism in France

A Fertile Ground from the Charter of the Environment

from Part II - Geographies of Implementation

Published online by Cambridge University Press:  02 November 2018

Erin Daly
Affiliation:
Widener University School of Law, Delaware
James R. May
Affiliation:
Widener University School of Law, Delaware
Get access

Summary

The reality of climate change and its global adverse effects are unequivocal, but, the search for an effective legal response to drive domestic interventions on climate change remains problematic. In response to effects of climate change, international law has developed at the platform of United Nations (UN). However, as is well documented, there are weaknesses in the international law system that can undermine climate protection. Considering its general relevance to the protection of the environment, there are scholarly writings suggesting that the concept of environmental constitutionalism can shape climate change interventions. Whether the concept has adequately responded to the gap under international law for climate protection, and if not, how it can evolve at the domestic level are questions that merit articulation. This contribution demonstrates that the concept of environmental constitutionalism is useful in addressing climate change challenges at the national level. Its present application, due to few challenges is not perfect, but, drawing examples from states such as Tunisia, Ecuador and Dominican Republic, the chapter demonstrates and argues the benefits in inserting a climate change clause in national constitutions, as an approach in strengthening environmental constitutionalism as a legal response to climate change at the domestic level.
Type
Chapter
Information
Implementing Environmental Constitutionalism
Current Global Challenges
, pp. 159 - 179
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×