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Earth system law and the legal status of non-humans in the Anthropocene

Research output: Contribution to journalArticlepeer-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 languageEnglish
Article number100083
Number of pages8
JournalEarth System Governance
Volume7
DOIs
StatePublished - 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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