Global climate constitutionalism

Abstract

Abstract: The present article aims to analyse the relationship between global constitutionalism and climate change in the framework of the fragmented and globalized international order. The first part is devoted to the study of the globalization and its effects on the power’s sphere of the Nation-States. After that, it is analysed the construction of the definition of global constitutionalism, considering the fragmentation of the international order and the constitutive aspects of some international environmental agreements. In the third part, it is introduced the concept of the micro-global-climate-constitutionalism and its respective overarching rules, such as the United Nations Framework Convention on Climate Change (UNFCCC) and other documents created at the decision-making process of the Conference of Parties (COPs) in order to elaborated a scheme of comprehensive values and principles through coordinated initiatives in distinct levels of governance. Moreover, it is verified the application of the micro-global-climate-constitutionalism from the perspective of its relationship with the human rights and its performance in the field of the climate litigation and climate migration.
Keywords: Climate Change. Global Constitutionalism. Globalization. Human Rights. Nation-States.