Focusing on the legal tools against climate change, there are instruments that may be used when a sudden and unpredictable event happens. They are commonly known as emergency measures. There are some cases in which the emergency measures are effectively the only instruments able to face an urgent event, but there is an actual risk of a sort of “securitization” of climate change, that means to treat the consequences of global warming as urgent and unpredictable events. The risk indeed is that the emergency measures are used also when an event is not actually unpredictable, but only uncertain because of the unavoidable incompleteness of the scientific background. But the problem of the scientific uncertainty should be a leverage for an anticipated and preventive action rather than an “excuse” for the improper use of security measures.
We look forward to welcoming you on July 4-6, 2022 for our Annual Conference on Global Problems and Prospects in Public Law.
Check out the program on our Annual Conference Website