Climate Change requires Global Change of Law

 Dear professor and colleagues, 

 

As a result of the challenge proposed by Professor Vasco Pereira da Silva at “ELPIS v-LAW Review Nº 5/2022” with the following theme “Climate Change requires Global Change of Law”, I will develop my V-Article based on the contribution of Professor Rainer Arnold of Universität Regensburg about “The Constitution's Responsibility for the Future - How the Debate on Climate Protection Contributes to the Development of Constitutional Thinking”.

 

As analysed by Professor Rainer Arnold, the Constitution is an essential piece of society, evolving with it over time and adapting to new realities and challenges that arise. Nowadays, the biggest challenge we face is the uncertainty of the future, with the only certainty being that something needs to change.

 

Climate change is a global issue that affects everyone, regardless of location or socioeconomic status. This problem has been intensifying because of human activity, namely through the emission of greenhouse gases that lead to an increase in global temperature, changes in precipitation patterns and even a rise in sea level. To fight this reality, it is necessary, in addition to a global effort, to readjust the legal realities of each country, intensifying legislative activity. 

 

But why can't this be done only at the administrative or legislative level?

Global change becomes fundamental, since most human activities that lead to greenhouse gas emissions, such as the burning of fossil fuels and agriculture, are not limited by national borders. Hence, local laws are insufficient to deal with them.

 

Furthermore, the global approach is essential to ensure that this effort is coordinated and fair. Countries that emit high levels of greenhouse gases harm those that emit little or none but are the ones that suffer the most from the consequences of climate change. Thus, creating global laws and regulations to combat climate change is essential to ensure that action is fair and equitable for all. 

 

The future is an unknown field that can be exciting and full of new opportunities, nevertheless, it can also be a source of risks and challenges. As society evolves and new technologies emerge, it becomes increasingly important to regulate the future in a way that ensures that new developments are safe, fair, and beneficial for everyone. This is where the Constitution comes into play, as it provides a framework for regulating the future and protecting individual rights and liberties.

 

The Constitution regulates the present. It regulates current needs, which adapt as time goes by and new problems arise. But what is the use of regulating only the present without a perspective of the future? Where is the present if we destroy the future? 

 

It all begins with the Fundamental Law. On the one hand, it makes it possible to establish obligations for the government to protect the environment and guarantee people’s right to a healthy and balanced environment, defining goals and strategies for mitigating climate change, as well as adaptation measures to deal with its adverse effects. On the other, the Constitution should establish the legal basis for the implementation of policies and measures to promote the protection of the future. 

 

But it is not just at the internal level that this regulation becomes essential. The Constitution may also establish the government's obligation to coordinate efforts with other nations, including participation in international agreements and treaties. This cooperation is fundamental to facing a global challenge that affects all countries and regions of the world.

 

Until now, humanity's main concern was technological evolution, to improve health, life, well-being, etc. And we cannot deny that this evolution has been incredibly fast and magnificent. However, when compared to the destruction of the planet, this evolution seems to be moving in a snail's step. And it is not expected that technology will be able to keep up with this destruction, which grows exponentially daily. So, what's the use of all this evolution if we won't have a planet to apply it later?

 

This is an extremely complex and multifaceted problem, requiring global and coordinated action. Laws and regulations should be created to encourage positive actions, such as the adoption of renewable energy technologies, the reduction of air pollution and the creation of financial incentives for low-carbon activities. With a global approach and the implementation of appropriate laws and regulations, we can effectively overcome climate change and protect our planet for future generations.

 

In conclusion, in a way to guarantee stability and legal certainty, as well as prevent arbitrariness of the public power, it is necessary, urgently, to regulate the future through the Fundamental Law. Thus, the whole society must contribute to this debate, so that we have a Constitution appropriate to what is lived and what lies ahead.

 

That said, I can't help but conclude that I feel some impotence and a huge disappointment since there are many ideas, but the reality remains the same, with the mind full and the planet continuously being destroyed. After all, we are already at COP 27 and nothing... Maybe the Constitution could change that. 

Margarida Zuzarte, nº 140121078