“Earth system law”: il costituzionalismo climatico fra diritto e governance nell’Antropocene

“Earth system law: climate constitutionalism between law and governance in the Anthropocene

Abstract

Taking into consideration the impact of Anthropocene era on legal theory and practice, this article analyses Earth system law (ESL) theory, in order to understand its potentials to interchange not only with international environmental law, but also with climate constitutionalism, improving constitutional tools to foster adaptive climate change constitutional governance. It focuses on Latin America constitutional experiences particularly in: Venezuela, Bolivia, Ecuador, Dominican Republic, and Cuba, with particular attention to legislative and doctrinal formants. The article is methodologically grounded in the fields of Comparative Public Law, adopting a functionalist approach, in dialogue with Constitutional Theory and International Environmental Law.

Keywords: Earth system law; Anthropocene; Climate constitutionalism; Latin America