| Abstrakt: |
This article delves into an innovative legal concept: the climate emergency. The notion of declaring a climate emergency is gaining momentum across various sectors, making it a prominent topic of discussion among environmental organizations, the media, political arenas, and academic researchers. This article presents the first comprehensive exploration of the concept from a legal standpoint. It meticulously dissects its legal components and engages in an essential exploration of the legal character of a climate emergency and the question whether it should be implemented. The article contends that emergency management approaches are ill-suited to the distinctive nature of climate change. Additionally, it highlights that the climate emergency discourse itself carries inherent risks, potentially provoking public backlash that could hinder global efforts to address climate change. Consequently, the article rejects the concept of the climate emergency and instead proposes a democratic-pragmatic alternative. The article recognizes that, unlike emergency laws, disaster laws share many of the characteristics of climate laws, offering a valuable foundation for comparative analysis. It therefore suggests that when formulating climate laws, legislative and practical insights from disaster laws should be carefully examined. To illustrate the potential of this approach, the article analyzes risk management frameworks in the worlds of financial regulation and healthcare. [ABSTRACT FROM AUTHOR] |
