Constitutionalism in the Anthropocene: Compliance of International Environmental Law (IEL) Instruments

The constitutionalism paradigm is based on the idea that certain norms and obligations imposed on parties for environmental protection through law, especially human rights to the environment have the potential to provide global environmental protection. The aim of this research is to examine international environmental legal norms that have the potential to possess the highest hierarchy in international law through an Anthropocene approach. This research adopted a normative methodology with legislative and conceptual approaches. The research Qindings indicate that the anthropocentric approach must be compatible with the earth system perspective in order to effectively respond to the ongoing transformations of the earth system. Law serves as a tool to descriptively and normatively explain reality and to regulate the interests of all living beings, including humans. Thus, the existence of humans as legal subjects can describe the material reality of human existence in a descriptively normative manner. Constitutionalism is an attempt to determine the existence of norms that are hierarchically higher than other norms. Normative hierarchy theory postulates that the core of certain norms articulates the basic values of international society at the top of the hierarchy of international legal norms.

• Publication year

  2025

• Venue

  IOP Conference Series: Earth and Environment

• Publication date

  2025-01-01

• Fields of study

  Law, Physics, Environmental Science

• Identifiers
  DOI 10.1088/1755-1315/1438/1/012087
• External record

  Open on Semantic Scholar

• Source metadata

  Semantic Scholar

• No claims are published for this paper.

• No concepts are published for this paper.

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