Workshop 153

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The Human Right to a Clean, Healthy and Sustainable Environment and Sustainable Constitutionalism – A transdisciplinary approach

Sala G-102 | Room G-102 | Salle G-102

Chairs:

  • Dirk Hanschel – dirk.hanschel@jura.uni-halle.de
  • Belén Olmos Giupponi – belen.olmos_giupponi@biari.brown.edu

SPEAKERS

SPEAKERS

Tiago Andrade
Sandra C.W.M. Arntz
Bayar Dashpurev
Irene Yuvalena Huanca Excelmes
Alessandra De Tommaso
Andres Gomez
Abduletif Kedir Idris
Cristian Heredia Ligorria
Zorka M. Medrano Garcia
Mateus Miguel Oliveira
Felicita Cayhualla Quihui
Anna Luisa Walter de Santana
Juan David Varela

Taking an innovative and transdisciplinary approach, this workshop analyses the human right to a clean, healthy and sustainable environment as recently acknowledged by the International Court of Justice in its Advisory Opinion on climate change and in the jurisprudence of the European Court of Human Rights following from Verein KlimaSeniorinnen Schweiz v. Switzerland and Cannavacciuolo and Others v. Italy. The aim is to compare constitutional manifestations of this right and its many variations around the globe, drawing on different theoretical backgrounds under the umbrella of sustainable constitutionalism and the environmental rule of law. Within this scope, we welcome papers that seek to investigate domestic or comparative approaches to how constitutions guarantee such a right, whether explicit or implicit, whether justiciable or not, and how it relates to other guarantees in the constitution. Specifically, we are interested to look at constitutional court cases where this right is litigated and how courts determine its content through interpretation. In parallel to such more doctrinal and comparative studies, we invite papers that combine disciplines such as law and anthropology in order to investigate to what extent such new human right developments may actually provide additional protection, beyond existing guarantees, in particular for those who are particularly subjected to environmental harm. In that manner, the workshop intends to find some answers to the question to what extent and how environmental rights as part of the environmental rule of law may contribute to sustainable constitutionalism and what their limits are