{"title":"气候变化——行政法视角","authors":"Elena Emilia Ştefan","doi":"10.30958/ajl.9-4-4","DOIUrl":null,"url":null,"abstract":"Given the astonishing speed at which society and nature are changing, the issue of climate change can no longer be analysed solely from a legal perspective, but also from an ethical one. It is important to address the phenomenon of climate change, as it has become so widespread in recent years that we are now witnessing litigation involving not only individuals and authorities but also states. The occasion for our analysis is the news in the media according to which, in our country Romania, in January 2023, the first action was brought before the contentious administrative court against the Romanian state for not adopting measures to combat climate change. This prompted us to learn more on this subject. The theme is topical and relevant for both legal professionals and private individuals. The scope of the study is to investigate the extent to which ethical values, such as respect and responsibility, are intertwined with legal analysis of environmental issues and can help us find a solution to mitigate damage caused by climate change. Using methods specific to law, we will underline the conclusion of our paper, namely that the focus should be shifted to respect and responsibility, i.e. to prevention, nature, citizens, international organisations, states. Keywords: Contentious administrative; Public authorities; Climate change; Environment; State.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"49 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Climate Change - An Administrative Law Perspective\",\"authors\":\"Elena Emilia Ştefan\",\"doi\":\"10.30958/ajl.9-4-4\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Given the astonishing speed at which society and nature are changing, the issue of climate change can no longer be analysed solely from a legal perspective, but also from an ethical one. It is important to address the phenomenon of climate change, as it has become so widespread in recent years that we are now witnessing litigation involving not only individuals and authorities but also states. The occasion for our analysis is the news in the media according to which, in our country Romania, in January 2023, the first action was brought before the contentious administrative court against the Romanian state for not adopting measures to combat climate change. This prompted us to learn more on this subject. The theme is topical and relevant for both legal professionals and private individuals. The scope of the study is to investigate the extent to which ethical values, such as respect and responsibility, are intertwined with legal analysis of environmental issues and can help us find a solution to mitigate damage caused by climate change. Using methods specific to law, we will underline the conclusion of our paper, namely that the focus should be shifted to respect and responsibility, i.e. to prevention, nature, citizens, international organisations, states. Keywords: Contentious administrative; Public authorities; Climate change; Environment; State.\",\"PeriodicalId\":184533,\"journal\":{\"name\":\"ATHENS JOURNAL OF LAW\",\"volume\":\"49 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-10-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"ATHENS JOURNAL OF LAW\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30958/ajl.9-4-4\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"ATHENS JOURNAL OF LAW","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30958/ajl.9-4-4","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Climate Change - An Administrative Law Perspective
Given the astonishing speed at which society and nature are changing, the issue of climate change can no longer be analysed solely from a legal perspective, but also from an ethical one. It is important to address the phenomenon of climate change, as it has become so widespread in recent years that we are now witnessing litigation involving not only individuals and authorities but also states. The occasion for our analysis is the news in the media according to which, in our country Romania, in January 2023, the first action was brought before the contentious administrative court against the Romanian state for not adopting measures to combat climate change. This prompted us to learn more on this subject. The theme is topical and relevant for both legal professionals and private individuals. The scope of the study is to investigate the extent to which ethical values, such as respect and responsibility, are intertwined with legal analysis of environmental issues and can help us find a solution to mitigate damage caused by climate change. Using methods specific to law, we will underline the conclusion of our paper, namely that the focus should be shifted to respect and responsibility, i.e. to prevention, nature, citizens, international organisations, states. Keywords: Contentious administrative; Public authorities; Climate change; Environment; State.