This article begins by questioning the capacity of the concept of sustainable development to stabilize social reproduction and foster global justice. Based on interdisciplinary perspectives on global governance, it discusses the way in which global law fails to cope with the resonance of advanced capitalism in the world society and ecological systems. Our analysis focuses on the regulatory and institutional features of three interwoven functional regulatory regimes (global finance, energy, and environmental protection), which demonstrate structural governance dysfunction at the expense of ecological integrity and justice in the global realm. The article further examines the capacity of global law to foster a ‘compositive’ and ‘compensatory’ contribution to global justice and the stability of the Earth system through global constitutionalism. In this context, it concludes that Neil Walker's global law approach provides a fertile analytical framework for describing the patterns of interaction between different species of global law but proves to be particularly ‘slippery’ in its normative propositions regarding the gap between global law and justice. Drawing from the Earth system approach, we argue in favour of a global material constitutionalism, recognizant of ecosystemic boundaries and socio-environmental impacts of the global socio-economic metabolism. We consider that the gap between global law and global justice is best addressed by devising more deliberative patterns of transnational governance, as well as ecosystem and human rights approaches, in order to accommodate the fair and equitable internalization of material limits across global regulatory regimes that act as functionally differentiated economic constitutions of advanced capitalism.
La arquitectura administrativa de la transparencia en España: regulation-inside-government y diseño institucional de las Autoridades de TransparenciaThe administrative architecture of transparency in Spain: Regulationinside-government and institutional design of Transparency Authorities ENDRIUS COCCIOLO I, *
The latest national and subnational legislative developments in the field of climate change and energy transition are taking place in a context of climate emergency to which a health crisis has added, what shows the causal relationships between pollutants of anthropogenic origin, climate change and the increase in pandemic or epidemic events that require urgent measures by public authorities. Against this backdrop, climate emergency is considered a true constitutional emergency and the evolution of the political and legal framework in which the subnational laws have opened the way to a difficult but necessary climate federalism is observed.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.