Workshop 157

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Climate Constitutionalism in Latin America: Recognition, Duties of Protection, and Judicial Guarantees for Regional Climate Justice

Chairs:

  • Oscar Darío Amaya Navas – oscard_amaya@hotmail.com
  • Ángela María Amaya Arias – Angela.amaya@uexternado.edu.co

SPEAKERS

BeatrizDe Mattos Queiroz
ClaudioPinho
MaghioriCastro Cuba Velasco
María AugustaLeón Moreta
María FelicitasMasaguer
María JoséEchevarría Camaño
Maylin AndreaMoya Tolosa
Marckjones Santana GomesMarckjones

Climate constitutionalism is a relatively recent legal field that has evolved from environmental constitutionalism. In Latin America, the significance of environmental protection and the perceived risks posed by the ecological crisis have driven public law to develop innovations such as the “Environmental Rule-of-Law State” or the “Ecological Constitutional State,” designed to respond to one of the most vulnerable and diverse regions of the world. Climate constitutionalism in the region emerges from the need to address complex, interconnected, and transboundary environmental challenges inherent to the global climate crisis, which are acutely felt across Latin American territories.

This approach is built on the threefold dimension of Climate Change Law: the international, the national, and, crucially, the transnational. In the Latin American context, the transnational dimension is reinforced by the convergence of climate litigation, social movements, and regional dynamics, forming a constitutional body mutually influenced by shared experiences, jurisprudential innovation, and a rights-and-duties agenda that transcends borders.

The workshop will examine how contemporary Latin American constitutions are responding to these challenges through the development of new normative frameworks, the integration of state obligations regarding climate change, and the strengthening of judicial oversight mechanisms. It will explore experiences and challenges concerning the judicial enforcement of these frameworks and climate governance in the region, fostering dialogue between comparative perspectives and the interactions of different normative levels and social and state actors.