Earth System Law: Standing on the Precipice of the Anthropocene

Description

This book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology. Dedication Contents List of illustrations List of contributors Foreword Preface Acknowledgements Acronyms 1 Introduction: Origins and evolution of Earth system law • Timothy Cadman Part I: Mapping the contours of Earth system law 2 Dimensions and definitions, signposts and silos in Earth system law • Timothy Cadman, Margot Hurlbert and Andrea C. Simonelli Part II: The analytical dimensions of Earth system law 3 Earth system law in the age of humanity • Walter F. Baber 4 International Relations and the analytical foundations of Earth system law • Mike Angstadt 5 An Earth system science-based perspective: A foundational feature of Earth system law • Edgar Fernández Fernández 6 The ESL framework: Re-visioning in the age of transformation and the Anthropocene • Margot Hurlbert Part III: The normative dimensions of Earth system law 7 Rights of nature as an expression of Earth system law • Alice Bleby 8 The ethical place of the non-human world in Earth system law: Pathways of transformation • Rosalind Warner 9 Legitimacy and the role of law for social and ecological resilience • Brita Bohman 10 Climate (im)mobilities in migration governance and law: Integrating an Earth systems perspective • Andrea C. Simonelli Part IV: The transformative dimensions of Earth system law 11 The Earth system, the orbit, and international law: The cosmolegal proposal • Elena Cirkovic 12 Integrating the Mexican water law into the Earth system law perspective • Gabriel Lopez Porras 13 A framework of Earth system justice in the Earth system’s legal context • Maciej Nyka 14 Common interest, concern or heritage?: The commons as a structural support for an Earth system law • Paulo Magalhães Part V: Plotting the course of Earth system law 15 Conclusion: Plotting the course of Earth system law on the precipice of the Anthropocene • Margot Hurlbert, Andrea C. Simonelli and Timothy Cadman Index