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  1. Privatisation and Climate Change: a Question of Duties?Ester Herlin-Karnell - 2024 - Jus Cogens 6 (1):89-108.
    If the state outsources a responsibility to private actors to plant trees, is that necessarily a bad thing? Surely, one would think not. Still, in constitutional theory, there are many forceful arguments against privatisation. One of the core arguments against privatisation is the question of who ought to do what and what it means for a policy area to be inherently public. In this paper, I am interested in varieties of privatisation and in particular what privatisation means in the context (...)
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  • The Constitutional Concepts of Sustainability and Dignity.Ester Herlin-Karnell - 2023 - Jus Cogens 5 (2):125-148.
    The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their (...)
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