Climate change, it is often said, is the greatest challenge of our time. As a global phenomenon with a long temporal reach, the impacts of climate change amplify challenges already faced across social, political, economic and ecological spheres. Similarly, constitutional theory is not immune from the impacts of climate change. Yet scholarly engagements between constitutional theory and climate change have thus far been targeted and disparate. This chapter represents an attempt to face up to the challenge of climate change from the perspective of constitutional theory. It takes seriously the discourse of “climate emergency” to argue that emergency is a theoretically defensible framing of the problem. Using the rule of law, rights and federalism as three examples of the challenges that climate change poses for constitutional theory, it highlights some strengths and limitations of existing literatures on these three concepts. Ultimately, it shows that the climate emergency points us to a theory of constitutionalism that builds on these strengths, responds to these limits and provides a path forward for thinking through the role of constitutional theory in a climate-disrupted world.

This chapter analyzes one of the most visible consequences of ecocide: eco-migration. The international criminal justice system does not include detrimental effects of ecocide or of social harm resulting in forced migration flows as a genuine crime capable of being prosecuted. However, a recent landmark United Nations Human Rights Committee decision claims that people should not be returned to their place of origin if climate change appears to constitute a threat. The United Nations Refugee Agency also welcomes such a pioneering ruling since it lays the ground for potentially effective international protection. This work examines the contemporary loophole regarding eco-displacements and ecocide and clamors for both legal and criminological international conceptualisation at ensuring the rights of eco-migrants, considering the future number of eco-migrants is unforeseeable.

Readers are presented with achievable reforms of laws and policies discussed in earlier chapters.

This chapter analyzes the regional and sectoral differences in how cities and municipalities engage in climate change networks. Over the past 20 years, an increasing number of cities, regions, companies, investors, and other non-state and subnational actors have voluntarily committed to reducing their GHG emissions. Such actions could help reduce the implementation gap. Along with the increase in commitments and the growing number of venues through which non-state actors can cooperate in order to govern climate change, it is necessary to track and evaluate such efforts. This chapter assesses the voluntary commitments made by Swedish municipalities, regions and multistakeholder partnerships to decarbonize by reducing GHG emissions. It finds large differences in which cities and municipalities that engage in networks. Large and urban municipalities in the south and along the eastern coast are well represented, whereas more rural municipalities along the Norwegian border are less represented in the data. The findings are discussed in terms of climate justice, highlighting the importance of having everyone onboard to create acceptance and reduce inequality in the transformation toward decarbonization.

A new way of thinking about environmental problems has emerged since the 1980s. Environmental problems are increasingly seen as systematically entwined, with human action as their primary cause. We are in a new epoch in Earth’s history, the Anthropocene, and climate change is its most immediate and dramatic manifestation. The drivers of the Anthropocene can be seen through the lens of a simple equation: Environmental impact is the product of population, affluence, and technology. Nations and individuals vary greatly in their impacts, so questions of justice are unavoidable. Questions of justice extend across generations as well as among nations and individuals. Ultimately, we must ask what kind of world we want for ourselves and our children.

This chapter employs narrative analysis to examine how people who live in the shadow of carbon-intensive industries imagine a just transition to net-zero emissions. The analysis rests upon an interview study with local politicians, civil servants, union representatives, and citizen groups in the Swedish west-coast city of Lysekil, home to Scandinavia’s largest oil refinery. By mapping stories of climate (in)justice told in view of Sweden’s efforts to decarbonize, this chapter illustrates the cultural dimensions of carbon lock-ins and why some people resist transformative change. In the city of Lysekil, the refinery is not only an important source of local employment but also deeply entangled with community identity and sense of place. However, the chapter also points to the multiple interpretations of just transitions to climate neutrality and the power of narrative to open-up possibilities for decarbonized futures.

State- and market-centric approaches to land redistribution have not worked in South Africa. Instead, South Africa has an agrarian structure marked by concentrated ownership in a shock-prone globalised food system. This chapter argues climate extremes and famines require a new approach to land redistribution and food systems thinking. Critical lessons can be learned about food provisioning from pre-capitalist South Africa’s commons mode of production, which exemplified the first attempts at food sovereignty. This is a decolonial imperative. Moreover, South Africa’s globalised industrial food system is premised on the destruction of nature and has engendered several ecological rifts, including famines and continued starvation faced by many. Campaigning for a food sovereignty commons system, through democratic systemic reform and as part of the deep and just transition, represents an alternative approach to re-agrarianise South Africa on a national and local scale in a heating world. In this regard, large-scale commercial farmers and the state face the challenge of thinking and behaving like commoners to ensure land, climate and more generally ecological justice.

This chapter addresses the legal dimensions of the European Union’s response to the climate change crisis. It introduces the EU’s climate governance strategy for 2030 and 2050, and reviews the key Regulations, Directives and legislative proposals adopted in its pursuit, including the European Climate Law, the Emissions Trading Directive, the Renewable Energy Directive and the proposed Carbon Border Adjustment Mechanism Regulation. The chapter discusses the position of the EU both as a key contributor to and a subject of international climate change law, and considers the relation between climate change as a governance challenge and the general principles of EU law, with a focus on solidarity, transparency and public participation. The chapter also examines the regulatory and enforcement strategies that characterise EU climate change law. To this end, the EU Emissions Trading System is examined as an example of the EU approach to market-based regulation, and the Governance Regulation demonstrates the EU’s reliance on ‘soft’, proceduralised enforcement in the climate policy sphere. The chapter’s final section illustrates the difficulty of coherent climate change decision-making, as EU authorities must reconcile internal market goals with energy security demands, sustainability concerns and global fairness concerns.

Humanity is currently in the grip of deep institutional denial concerning the adequacy of its institutions for dealing with serious intergenerational challenges, such as global climate change. In response, we should call for a global constitutional convention focused on developing new institutions to protect future generations and further their interests. This chapter presents ten initial guidelines for how to construct such a global constitutional convention. Although each follows as a fairly modest and natural inference (a ‘baby step’) from the purposes of the convention itself, the implications stand in sharp contrast to the status quo and to most conventional discussions of reform. The guidelines are, thus, both modest and radical. As a result, the global constitutional convention is, perhaps, just the kind of realistic utopia that we need.

Explores how sea level rise and flooding are amplified by the design of cities, presents built environment strategies to manage flood risk, and considers issues of climate justice.