ResponsAbility: Law and Governance for Living Well with the Earth

Description

ResponsAbility challenges conventional thinking about our governance and legal frameworks. The cross-currents of persisting, established worldviews, knowledge systems, institutions, law and forms of governance are now at odds with future-facing innovations designed to help societies transition to both low-carbon economies and social equity. This book explores the ways in which we can move to new governance and legal structures that more effectively reflect our changed relationship with the Earth in the Anthropocene. The book is written by a group of eminent scholars and leading experts from a diverse range of backgrounds, all of whom bring new knowledge and analysis from across oceanic and continental regions. Many are from the discipline of law, whilst others bring expertise on indigenous knowledge, climate, water, governance and philosophy to engage with law. Contributors include His Highness Tui Atua Tupua Tamasese Ta’isi Efi, Head of State of Samoa, Judge Sir E. Taikakurei Durie, Dame Anne Salmond, Pierre Calame and Adrian Macey. A number of scenarios are presented throughout the book for the realignment of global and local law to institutionalise responsibility for social, environmental and earth-centered equity. Cover Title Copyright Contents About the authors Foreword Introduction 1 Ngā Pou Rāhui: responsable laws for water and climate 2 Reclaiming the global commons: towards earth trusteeship 3 Responsibility, state and international law 4 Public responsibility: a fundamental concept reflected throughout the ages; where did we lose the plot? 5 Confronting the insupportable: resources of the law of responsibility 6 Responsibility and the transformative role of law 7 The principle of responsibility in the global response to climate change: origins and evolution 8 An ethic of responsibility in Samoan customary law 9 Indigenous law and responsible water governance 10 Governance of water based on responsible use – an elegant solution? 11 Reflecting on landscapes of obligation, their making and tacit constitutionalisation: freshwater claims, proprietorship and “stewardship” 12 Rivers as ancestors and other realities: governance of waterways in Aotearoa/New Zealand 13 The power and potential of the public trust: insight from Hawai 'i’s water battles and triumphs 14 From rights to responsibilities using legal personhood and guardianship for rivers 15 Making law Index