Combating Climate Change through Criminal Law - Is It Possible? : Analysis de Iure Condito and de Iure Condendo

Abstract

The intervention investigates the role that criminal law could and would play within the framework of actions that must be put in place to deal with climate change. Even if the issue related to the climatic crisis has been reflected in numerous recent legislative and judicial initiatives (found in the national legal systems, and at the EU and international levels), as well as in the actual disruptive exposure of the topic in public debate, there has not been sufficient reflection on a possible role for criminal law to counter this phenomenon. A criminalist reflection, however, now seems appropriate to assess what role should be attributed to criminal law in dealing with international climate crimes and to ponder whether such action, within the limits of the fundamental principles governing the subject (starting with those of offensiveness, personal responsibility, proportionality and subsidiarity), is exhausted within the scope of national legislation or can be extended to the international perspective.

Presenters

Giulia Rizzo Minelli
Researcher, Law, University of Bologna, Agrigento, Italy