Exploring the Analytical, Normative and Transformative Dimensions of Earth System Law

2021 ◽  
Author(s):  
Louis J. Kotzé ◽  
Rakhyun E. Kim
Keyword(s):  
Recent Work ◽  
Environmental Law ◽  
Present Form ◽  
Earth System ◽  
New Paradigm ◽  
International Environmental Law ◽  
Ecological Justice ◽  
Governance Challenges

In this article we argue that international environmental law cannot continue to exist in its present form for the purpose of the Anthropocene. We show that analytically, international environmental law and its lawyers are unable to fully understand and respond to the complex governance challenges arising from a complex Earth system. Normatively, international environmental law has failed to provide appropriate norms to prevent humans from encroaching on Earth system limits. In a transformative sense, international environmental law has not been sufficiently ambitious to achieve the type of radical transformations necessary to ensure planetary integrity and socio-ecological justice. We need a new legal paradigm that is better suited for the purpose of the Anthropocene that must address international environmental law’s analytical, normative and transformative concerns. We call this new paradigm earth system law. Building on our recent work, we offer here some preliminary thoughts about what we think the analytical, normative, and transformative dimensions of earth system law could and should entail, and why they would be more appropriate for the purpose of governing a complex Earth system in the Anthropocene.

New Dimensions of the Earth System Law

2021 ◽  
pp. 1-14
Author(s):  
Louis J. Kotzé ◽  
Rakhyun E. Kim
Keyword(s):  
Environmental Law ◽  
Present Form ◽  
Earth System ◽  
New Paradigm ◽  
International Environmental Law ◽  
The Earth ◽  
Ecological Justice ◽  
Governance Challenges

It seems international environmental law cannot continue to exist in its present form for the purpose of the Anthropocene. Analytically, international environmental law and its lawyers appear not to fully understand and respond to the complex governance challenges arising from a complex Earth system. Thus, normatively, international environmental law seems to have failed to provide appropriate norms to prevent humans from encroaching on Earth system limits. In a transformative sense, international environmental law has not been sufficiently ambitious to achieve the type of radical transformations that may be necessary to ensure planetary integrity and socio-ecological justice. It calls for a new legal paradigm suitable for the purpose of the Anthropocene and could address international environmental law’s analytical, normative and transformative concerns. This new paradigm may be called the ‘Earth system law’. This chapter seeks to provide some preliminary thoughts about the analytical, normative, and transformative dimensions of earth system law could entail. Why they would be more appropriate for the purpose of governing a complex Earth system in the Anthropocene?

scholarly journals Earth System Law for the Anthropocene

2019 ◽  
Vol 11 (23) ◽  
pp. 6796 ◽  
Author(s):  
Kotzé
Keyword(s):  
Environmental Law ◽  
Ecological Crisis ◽  
Final Part ◽  
Earth System ◽  
International Environmental Law ◽  
Fit For Purpose

Law has failed to address the ever-deepening socio-ecological crisis of the Anthropocene. In the light of, and as a response to, law’s failures in this respect, this paper argues in support of developing a new legal paradigm for the Anthropocene epoch called Earth system law. It does so first by briefly describing the Anthropocene trope and the extent and dimensions of its socio-ecological crisis. The paper then specifically focuses on international environmental law as an example of how and why law has become incapable of, and inappropriate for, addressing this crisis, and for being unable to respond to the Anthropocene’s regulatory demands. By drawing on three Earth system-related regulatory implications of the Anthropocene trope (i.e., inclusivity, interdependencies and complexity), the final part of the paper makes out a case in support of reforming law and creating a new Earth system oriented legal paradigm that is fit for purpose in the Anthropocene epoch.

scholarly journals International Environmental Law’s Lack of Normative Ambition: an Opportunity for the Global Pact for the Environment?

2019 ◽  
Vol 16 (3) ◽  
pp. 213-236 ◽  
Author(s):  
Louis J. Kotzé
Keyword(s):  
United Nations ◽  
Environmental Law ◽  
Ecological Crisis ◽  
Ecological Sustainability ◽  
Earth System ◽  
International Environmental Law ◽  
System Integrity ◽  
Radical Critique ◽  
Rights Of Nature

This paper argues that international environmental law (iel) is not sufficiently ambitious to confront the Anthropocene’s socio-ecological crisis. The critique specifically focuses on iel’s lack of ambitious and “unmentionable” ecological norms such as rights of nature, Earth system integrity, and ecological sustainability that are not yet considered to be part of the corpus of iel, but that arguably should be in light of the prevailing and ever-deepening socio-ecological crisis. Assuming that the recent Global Pact for the Environment initiative and its accompanying United Nations-mandated report that assesses possible gaps in iel are indicative of the type of reforms we might expect of iel now and in future, the paper determines if and the extent to which the Global Pact initiative embraces ambitious norms and addresses iel’s “unmentionable” normative gaps. A secondary, but related, objective of the paper is to briefly respond to the recent view that any radical critique of the Global Pact initiative is either unfounded, unwarranted or undesirable.

scholarly journals Taming Gaia 2.0: Earth system law in the ruptured Anthropocene

2021 ◽  
pp. 205301962110267
Author(s):  
Rakhyun E Kim
Keyword(s):  
Environmental Law ◽  
Self Regulation ◽  
Active Role ◽  
Tipping Points ◽  
Self Awareness ◽  
Earth System ◽  
International Environmental Law ◽  
Planetary Scale ◽  
Earth System Governance ◽  
The Earth

If the Anthropocene is a rupture in planetary history, what does it mean for international environmental law? When the Earth System crosses irreversible tipping points and begins a forceful, nonlinear transformation into a hostile state which I call the ruptured Anthropocene, the concept of protecting the global environment from humans would lose its meaning. Not only the dichotomy between humans and nature becomes irrelevant, but the environment itself will no longer exist as an object for protection. I argue that, for international environmental law to stay relevant in the ruptured Anthropocene, it needs to shift away from its traditional focus on restoring the planetary past, and instead play an active role in the making of planetary futures. Its new purpose will need to be active planetary stewardship, whereby humans add self-awareness for deliberate self-regulation of the Earth System. Such an attempt at ‘taming’ the so-called Gaia 2.0 will, however, create winners and losers, and the new form of law will have to address fundamental questions of justice on a planetary scale. Building on the concept of earth system law emerging in the earth system governance literature, I draw the contours of international environmental law 2.0 for the ruptured Anthropocene and discuss the challenges of instituting active planetary stewardship.

International Environmental Law

2018 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Jorge E. Viñuales
Keyword(s):  
Environmental Law ◽  
International Environmental Law
Sign in / Sign up

Export Citation Format

Share Document