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

The aim of this research project is to develop a (re)conceptualisation of the existing legal paradigm based on the concept of ""emergency"" in the context of climate change. The project therefore aims to identify existing gaps and to offer a legal model that successfully responds to climate change - the new reality - by developing sustainable practices. To this end, the research project will seek to answer the following research questions: 1. What aspects are important to change the legal paradigm that deals with climate change, so that it is no longer defined as an ""emergency"", which in principle implies a risk to maintain normal operations and business as usual? What are the gaps in the current legal frameworks at international, regional and national level to address climate change that have a negative impact on the achievement of sustainable practices? How can the legal system of the Republic of Slovenia be adapted to respond to emerging challenges and changing circumstances in order to promote sustainable practices? This research project approaches the issue in a way that is innovative in at least two respects. The first innovative element is a rethinking of the discourse on emergencies and the need to (re)conceptualise the legal approach to dealing with climate change, taking into account the irreversibility and urgency of climate change. The reformulated approach aims at a new understanding of the need to address climate change as the ""new normal"" in the existing legal order. The second innovative element is the identification of gaps in the existing legal system(s) and, on this basis, the proposal of innovative legal changes with a view to developing a legal regime that ensures sustainable practices.  Methodologically, the project is divided into three research streams corresponding to the research questions and will be conducted in five work packages (WPs). In the first work package (WP1), we will try to identify which aspects are relevant for a change in the legal paradigm that no longer considers climate change as an ""emergency"", as the current addressing of climate change seems to lead to the perpetuation of the existing unsustainable business. In this DS, we will analyse the legal concept of ""state of emergency"" in national, regional and international legal regimes. This will serve as a starting point to expose the shortcomings of the use of the notion of ""state of emergency"" in addressing irreversible climate change. By exposing the shortcomings, DS1 will identify legal considerations that need to be incorporated in a new approach to (re)conceptualise the legal paradigm on climate change in order to establish sustainable practices. The second work package (WP2) will identify gaps in the currently existing legal frameworks at international, regional and national level that address climate change and negatively affect the achievement of sustainable practices. WP2 will reveal potential legal gaps and legal inadequacies in the legal framework in the light of the (re)conceptualised approach. The third work package (WP3) aims to explore how the legal system of the Republic of Slovenia can be adapted to new challenges and changing circumstances in order to promote sustainable practices. We will also take into account EU and international law addressing climate change in order to identify and propose a legal model for the Republic of Slovenia in line with Slovenia's obligations under EU and international law, in particular human rights law. Work Package 4 (WP4) aims to develop a new model approach to addressing climate change, with the corresponding development of the legal system. It will build on the results of the previous three WPs and will identify what actions are needed to pursue a (re)conceptualised approach that responds effectively to climate change. Work Package 5 (WP5) focuses on governance, dissemination of results and internal and external communication.