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 | English |
|---|---|
| Article number | 100083 |
| Number of pages | 8 |
| Journal | Earth System Governance |
| Volume | 7 |
| DOIs | |
| State | Published - Mar 2021 |
ASJC Scopus Subject Areas
- Global and Planetary Change
- Geography, Planning and Development
- Social Sciences (miscellaneous)
- Political Science and International Relations
- Management, Monitoring, Policy and Law
Keywords
- Anthropocene
- Artificial intelligence
- Earth system law
- Legal personhood
- Rights of nature
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