Year: 2025
Type: article
Abstract: The acceleration of the climate crisis calls into question the effectiveness of traditional legal frameworks in addressing environmental emergencies. This article examines whether France should adopt an environmental state of exception, inspired by the legal mechanisms implemented during the COVID-19 pandemic. While such exceptional measures could enhance the State’s capacity to respond swiftly to climate threats, they also raise concerns about the concentration of executive power and potential infringements on fundamental rights. Through a comparative legal analysis, this study assesses the benefits and risks of an environmental state of exception, highlighting its potential to accelerate climate action while scrutinizing its democratic and legal implications. It also explores alternative frameworks and advocates for a regulated model of environmental emergency governance, ensuring that urgent climate interventions remain subject to the rule of law and democratic oversight. By drawing on French legal precedents, international climate commitments, and case studies, this research evaluates whether legal exceptionalism is a viable tool for addressing environmental crises or whether a more structured and accountable legal approach would better ensure long-term climate resilience.
Source: Laws
DOI: 10.3390/laws14020026
Author: Houda Alhoussari
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $1,689
Funder: Prince Sultan University
OpenAlex ID: W4409510860