Apuntes sobre el constitucionalismo global en el antropoceno

Abstract

The consolidation of the Anthropocene narrative as sound description of the ongoing planetary change has generated a particular legal discourse, related to the Earth System Governance framework and linked to the proposals of global constitutionalism. In this vein, the possibility of a global constitutional framework has been explored, replicating the model of the normative constitution of the nation-state. However, this constitutional narrative, which ultimately establishes a certain continuity with existing international law and current constitutional assumptions, does not seem to correspond to the complexity, interdependence and, ultimately, the uncertainty that characterize Earth System dynamics, according to the scientific interpretations that ultimately produce the Anthropocene narrative. This paper develops a critique of the plausibility of the hegemonic conception of the constitution in the context of the planetary crisis and explores an alternative proposal, based on conflict, fluidity and fragmentation, in the context of uncertainty and instability that seems to emerge with the geological change in progress.