Earth System Law and the Legal Status of Non-humans in the Anthropocene

Joshua Gellers

doi:10.1016/j.esg.2020.100083

Earth System Law and the Legal Status of Non-humans in the Anthropocene

Research output: Contribution to journal › Article › peer-review

Abstract

Who belongs to communities of justice in the Anthropocene? While Western and non-Western traditions alike have typically afforded legal recognition primarily to humans and secondarily to some non-human entities under limited conditions, arrival of the Anthropocene suggests a new approach is needed in order to address the range and origins of injustices occurring within the Earth system. Beginning with a discussion of Earth system law and how its expansive scope accommodates non-traditional legal subjects, the essay proceeds with an overview of the rights of nature movement. I then present a comparative analysis of rights of nature cases adjudicated in Ecuador, Colombia, and India. From the foregoing evidence I argue that both theory and practice support broadening the universe of entities capable of qualifying as legal subjects eligible for legal rights to include both natural and artefactual non-humans, a move integral to obtaining socio-ecological justice under Earth system law.

Original language	American English
Article number	100083
Number of pages	8
Journal	Earth System Governance
DOIs	https://doi.org/10.1016/j.esg.2020.100083
State	Published - Mar 2021

Keywords

Anthropocene
Artificial Intelligence
Earth System Law
Legal personhood
Rights of nature

Disciplines

Comparative and Foreign Law
Environmental Law
Environmental Studies
Comparative Politics

Access to Document

10.1016/j.esg.2020.100083License: Unspecified

S2589811620300422Final published version, 80.6 KBLicense: Unspecified

Cite this

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title = "Earth System Law and the Legal Status of Non-humans in the Anthropocene",

abstract = " Who belongs to communities of justice in the Anthropocene? While Western and non-Western traditions alike have typically afforded legal recognition primarily to humans and secondarily to some non-human entities under limited conditions, arrival of the Anthropocene suggests a new approach is needed in order to address the range and origins of injustices occurring within the Earth system. Beginning with a discussion of Earth system law and how its expansive scope accommodates non-traditional legal subjects, the essay proceeds with an overview of the rights of nature movement. I then present a comparative analysis of rights of nature cases adjudicated in Ecuador, Colombia, and India. From the foregoing evidence I argue that both theory and practice support broadening the universe of entities capable of qualifying as legal subjects eligible for legal rights to include both natural and artefactual non-humans, a move integral to obtaining socio-ecological justice under Earth system law. ",

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AB - Who belongs to communities of justice in the Anthropocene? While Western and non-Western traditions alike have typically afforded legal recognition primarily to humans and secondarily to some non-human entities under limited conditions, arrival of the Anthropocene suggests a new approach is needed in order to address the range and origins of injustices occurring within the Earth system. Beginning with a discussion of Earth system law and how its expansive scope accommodates non-traditional legal subjects, the essay proceeds with an overview of the rights of nature movement. I then present a comparative analysis of rights of nature cases adjudicated in Ecuador, Colombia, and India. From the foregoing evidence I argue that both theory and practice support broadening the universe of entities capable of qualifying as legal subjects eligible for legal rights to include both natural and artefactual non-humans, a move integral to obtaining socio-ecological justice under Earth system law.

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