| Climate change and its effects on the earth system can only be managed if the law is conceived as a global architecture. This means to integrate the multitude of governance arrangements reaching from local and transnational self-regulation through domestic law and horizontal law transfer up to transnational administration, international law and the law of international organisations. Applying a functional-structural approach it should be explored in what way the various arrangements contribute to climate change and how they could be alerted to more climate friendly goals. For that purpose mutual effects between them must be adjusted and appropriate strategies and instruments identified. Whether this will be effective depends on the societal and economic attidudes and power constellations which most likely will be willing to learn but through crises. Moreover, the formation of a climate friendly governance architecture poses problems of legitimation. In particular, arrangements detached from the inner-state electorate will have to develop their peculiar modes of legitimation, both procedural and material, in order to cope with constitutional principles. |
No. 145/2011
Gerd Winter
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