(RE)CONCEPTUALIZATION OF THE LEGAL PARADIGM ON CLIMATE CHANGE: Developing New Legal Normality to Achieve Sustainable Practices

TITLE: (RE)CONCEPTUALIZATION OF THE LEGAL PARADIGM ON CLIMATE CHANGE: Developing New Legal Normality to Achieve Sustainable Practices

PROJECT CODE: J5-50168

PROJECT MANAGER: prof. dr. Vasilka Sancin

COORDINATOR: 583 - University of Ljubljana, Faculty of Law

PROJECT PARTNERS:  618 - Research Centre of the Slovenian Academy of Sciences and Arts

DURATION OF THE PROJECT: 1. 10. 2023 - 30. 9. 2026

PROJECT TEAM COMPOSITION:

583 - University of Ljubljana, Faculty of Law:

• 24286 - dr. Vasilka Sancin 
• 34950 - dr. Maša Kovič Dine 
• 56281 - Tadeja Urbas 
• 30695 - dr. Gregor Dugar 
• 58280  - Anže Mediževec 

618 - Research Centre of the Slovenian Academy of Sciences and Arts:

• 28442 - dr. Tadej Troha 
• 11158 - dr. Alenka Zupančič Žerdin 
• 13472 - dr. Peter Klepec 

SCOPE OF FUNDING: 2571 annual research hours in price category A for a period of 3 years (1.51 FTE)

FINANCERS:

The purpose of this research project is to develop a (re)conceptualization of the existing legal paradigm based on the concept of "emergency" in the context of climate change. The goal of the project is therefore to identify existing gaps and offer a legal model that successfully responds to climate change—a new reality—by developing sustainable practices.

To this end, the research project will attempt to answer the following research questions:

1. What aspects are essential for changing the legal paradigm that deals with climate change so that it is no longer defined as an "emergency," which in principle means the risk of maintaining normal operations and business?
2. What are the gaps in the current legal frameworks at the international, regional, and national levels in addressing climate change that negatively affect the achievement of sustainable practices?
3. How can the legal system of the Republic of Slovenia be adapted to respond to emerging challenges and changing circumstances and thus promote sustainable practices?

This research project innovatively approaches the issue in at least two respects. The first innovative element is a rethinking of the discourse on emergencies and the need to (re)conceptualize the legal approach to climate change, taking into account its irreversibility and urgency. The reformed approach is geared towards a new understanding of the need to address climate change as the "new normal" in the current legal order. Another innovative element is the identification of gaps in the existing legal system(s) and, on this basis, the drafting of proposals for legal changes to develop a legal framework that ensures sustainable practices.

Phase 1 (months 1–5):

• Activities: analysis of the legal concept of a "state of emergency" in national, regional, and international legal systems.
• Results: 1 study reviewing the applicable legal frameworks and 2 expert articles raising awareness of the issue and the need for an innovative approach.

Phase 2 (months 6–14):

• Activities: Identification of gaps in existing legal frameworks at the international, regional, and national levels that address climate change and negatively impact the achievement of sustainable practices.
• Results: Two scientific articles in a high-quality domestic or international journal (in month 16).

Phase 3 (months 14–26):

• Activities: Identification of Slovenian laws and legal norms that need to be amended or adopted to establish a legal framework in line with the (re)conceptualized legal paradigm; proposal of a legal model of a (re)conceptualized approach to achieving sustainable practices.
• Results: 2 scientific articles in a high-quality domestic or international journal (in month 26).

Phase 4 (months 27–36):

• Activities: proposal of a new model approach to addressing climate change with the appropriate development of the legal system. It will be based on the results of the previous three DS and identify the measures needed to follow a (re)conceptualized approach that effectively responds to climate change.
• Results: Submission of a revised version to a high-quality academic publishing house (in month 36); organization of an international scientific conference at the end of the project (in month 36).

Phase 5 (months 1-36) - text data collection and linguistic evaluation:

• Activities: coordination of research work; organization of monthly project meetings; preparation of interim and final reports; presentation of research results at international conferences; organization of an international scientific conference at the end of the project.
• Results: interim and final reports (in months 12, 24, and 36); updating the project website (months 1-36); presenting research results at international conferences (months 10-36); organizing an international scientific conference at the end of the project (after month 36).