Dossier Duurzaamheid

Promotie prof. dr. L.J. Kotzé

Titel: Global Environmental Constitutionalism in the Anthropocene
Promotores: prof. dr. J.M. Verschuuren, prof. dr. C.J. Bastmeijer

Samenvatting in het Engels

There is increasingly convincing evidence that the Earth is moving into a new geological epoch called the Anthropocene where humans act as major geological forces that are pushing the Earth and its systems into an unpredictable and unstable state. In this thesis I argue that law is an important component of the regulatory interventions that humans have devised to enable harmonious interactions with one another and with non-human Earth system entities.

Departing from the idea that a constitutionalised legal order is a form of good, apex law that could transform a society to its core for the better, I argue that the Anthropocene demands nothing less than the constitutionalisation of the global environmental law and governance order. Constitutionalism is, however, a construct that is best applied and understood in the domestic state context and it has not been meaningfully applied in the global environmental law and governance domain. Based on this premise, the thesis asks: considered through the framework of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to and understood in global terms beyond the state?

The study finds that there is evidence of global environmental constitutionalism to the extent that it manifests to a greater or lesser extent as a global environmental constitution; the rule of global environmental law; the separation of global environmental powers; global judicial independence; global constitutional supremacy; global environmental democracy; and global environmental rights.

Locatie: Cobbenhagen gebouw, Ruth First room (toegang via Koopmansgebouw) 

Proefschrift aanvragen

Wanneer: 09 januari 2017 14:00

Waar: Bereikbaarheid campus Tilburg University