About THE Project

Research Project

(Re)Conceptualization of the legal paradigm regarding climate change

Development of a new legal normality for achieving sustainable practices in Slovenia


Since the adoption of the United Nations Framework Convention on Climate Change in 1992, countries have unsuccessfully attempted to develop a legal climate regime that takes into account the urgency of acting in the face of irreversible climate change and encourages countries to adopt stringent mitigation and adaptation targets. The European Union (EU), as a world leader in adopting legislation to address climate change, adopted a European Climate Law and binding emission reduction targets in 2021. 

However, even the adoption of these targets and other EU legislation, while seemingly a positive response to the climate crisis, has been criticised for being too weak and ineffective in responding to the necessary actions. In its latest report, Climate Action Tracker warned that the window for limiting the global net temperature increase to 1.5 degrees Celsius is rapidly closing, as full implementation of the national commitments in the Paris Agreement would already lead to an increase of around 2.4 to 2.8 degrees Celsius by 2030.

The discourse on reframing the urgency of action is therefore a response to the failure of the current legal, political and economic order to deliver effective action to address climate change. The notion of climate urgency, which has also been adopted by the EU, has come to be seen as a 'cry for help'. The term emergency has no general legal definition and is used to refer to a variety of circumstances that represent a departure from the normal state of affairs, be they natural disasters, economic crises and the like.

This research project approaches the issue in a way that is innovative in at least two respects.

1. The first innovative element is a rethinking of the discourse on emergencies and the need to (re)conceptualise the legal approach to dealing with climate change, taking into account the irreversibility and urgency of climate change. The reformulated approach aims at a new understanding of the need to address climate change as the "new normal" in the existing legal order.

2. The second innovative element is the identification of gaps in the existing legal system(s) and, on this basis, the proposal of innovative legal changes with a view to developing a legal regime that ensures sustainable practices.

Methodologically, the project is divided into three research streams corresponding to the research questions and will be carried out in five work packages (WPs).

(1) In the first work package (WP1), the project will seek to identify which aspects are relevant for a change in the legal paradigm from treating climate change as a "state of emergency", as the current way of addressing climate change seems to perpetuate the existing unsustainable business. This DS will analyse the legal concept of "state of emergency" in national, regional and international legal regimes. This will serve as a starting point to expose the shortcomings of the use of the concept of "state of emergency" in addressing irreversible climate change. By exposing the shortcomings, DS1 will identify the legal aspects that need to be incorporated in a new approach to (re)conceptualise the legal paradigm on climate change in order to establish sustainable practices. A change in the legal paradigm also requires sufficient political commitment, which in turn depends on the general societal perception of the seriousness of the problem. It will examine the origins and current forms of the socio-psychological mechanisms involved in maintaining the status quo in dealing with the 'climate crisis'.

(2) Work Package 2 (WP2) will identify gaps in the current legal frameworks at international, regional and national level that address climate change and negatively affect the achievement of sustainable practices. Building on the legal aspects identified in WP1 as necessary for a (re)conceptualised approach, WP2 will analyse the existing legal framework related to climate change to identify where the gaps are in order to achieve a comprehensive and appropriate response to the context of irreversible climate change and to the implementation of sustainable practices. This will require not only legal expertise in environmental, human rights and state responsibility law, but also input from a civil law expert who will examine the regulation of business operations and liability issues under domestic law. DS2 will reveal potential legal gaps and legal inadequacies in the legal framework, taking into account a (re)conceptualised approach. We will also need to undertake a critical assessment of the ideas - located at the border between law, politics and philosophy - that have been introduced to regulate the essentially unconditional (and potentially harmful) nature of emergency response (such as transitional justice, social justice and planetary justice).

(3) Work Package 3 (WP3) aims to explore how the legal system of the Republic of Slovenia can adapt to new challenges and changing circumstances in order to promote sustainable practices. In line with the nature of the problem, whose consequences are diffuse and reach across all social and economic spheres, DS3 will look for opportunities for an analogous "diffuse intervention" in the legal system. In doing so, we will start from the hypothesis that the urgency of addressing climate change requires opening up the possibility of changes also in areas that are not, at first sight, directly linked to tackling the crisis (education, research, regulation of labour processes, defence, trade, mechanisms of democratic participation, etc.). A well-founded and well-reasoned extension of the social sphere involved in tackling climate change can provide a synthesis of the intensity of the emergency and the sustainability of the generally applicable legal order; a combination of simultaneous changes in as many areas as possible can, over time, have multiplier effects. We will focus in particular on the legal order of the Republic of Slovenia, identifying which laws and legal norms need to be amended or adopted in order to create a legal framework that effectively addresses climate change, in line with the (re)conceptualised approach. We will also take into account EU and international law addressing climate change in order to identify and propose a legal model for the Republic of Slovenia in line with Slovenia's obligations under EU and international law.

(4) Work Package 4 (WP4) aims to develop a new model approach to tackling climate change, with the corresponding development of the legal framework. It will build on the results of the previous three WGs and will identify what measures are needed to follow a (re)conceptualised approach that responds effectively to climate change. The aim is not only to provide a set of legal rules that States must follow, but also to propose the design of effective mechanisms to support States in their action, taking into account contemporary phenomena such as mass migration flows, issues of State and individual responsibility and the sanctioning of illegal conduct.

(5) Work Package 5 (WP5) focuses on governance, dissemination of results and internal and external communication. Project management will include coordination of the research work and regular sharing of findings among the members of the research team.

ABout the members

Members of the Research Team

RESEARCH TEAM OF THE FACULTY OF LAW, UNIVERSITY OF LJUBLJANA
Prof. dr. Vasilka Sancin
HEAD OF THE PROJECT GROUP
E-mail: Vasilka.Sancin@pf.uni-lj.si



Assist. Prof. dr. Gregor Dugar
MEMBER OF THE PROJECT GROUP
E-mail: Gregor.Dugar@pf.uni-lj.si
Assist. Prof. dr. Maša Kovič Dine
MEMBER OF THE PROJECT GROUP
E-mail: Masa.Kovic-Dine@pf.uni-lj.si
As. Tadeja Urbas, LL.M.
MEMBER OF THE PROJECT GROUP
(until end of January 2024)
E-mail: tadeja.urbas@pf.uni-lj.si
As. Anže Mediževec, LL.M.
MEBER  OF THE PROJECT GROUP

E-mail: anze.medizevec@pf.uni-lj.si
MEMBERS OF THE SLOVENIAN ACADEMY OF SCIENCES SCIENTIFIC RESEARCH CENTRE OF THE SLOVENIAN ACADEMY OF SCIENCES AND ARTS (SAZU)
Prof. dr. Alenka Zupančič Žerdin
MEMBER OF THE PROJECT GROUP
E-mail: alenka.zupancic@zrc-sazu.si
Prof. dr. Peter Klepec
MEMBER OF THE PROJECT GROUP

E-mail: peter.klepec@zrc-sazu.si
Assist. Prof. dr. Tadej Troha
MEMBER OF THE PROJECT GROUP

E-mail: tadej.troha@zrc-sazu.si
TBD
MEMBER OF THE PROJECT GROUP

E-mail: 
Išči