Environmental Law and Governance for the Anthropocene

Description

The era of eco-crises signified by the Anthropocene trope is marked by rapidly intensifying levels of complexity and unevenness, which collectively present unique regulatory challenges to environmental law and governance. This volume sets out to address the currently under-theorised legal and consequent governance challenges presented by the emergence of the Anthropocene as a possible new geological epoch. While the epoch has yet to be formally confirmed, the trope and discourse of the Anthropocene undoubtedly already confront law and governance scholars with a unique challenge concerning the need to question, and ultimately re-imagine, environmental law and governance interventions in the light of a new socio-ecological situation, the signs of which are increasingly apparent and urgent. This volume does not aspire to offer a univocal response to Anthropocene exigencies and phenomena. Any such attempt is, in any case, unlikely to do justice to the multiple implications and characteristics of Anthropocene forebodings. What it does is to invite an unrivalled group of leading law and governance scholars to reflect upon the Anthropocene and the implications of its discursive formation in an attempt to trace some initial, often radical, future-facing and imaginative implications for environmental law and governance. Preface: Discomforting Conversations in the Anthropocene Acknowledgements Contents List of Contributors Part 1: Back to Basics: The Limits and Potentialof Law and Governancein the Anthropocene 1 The Role of Sustainable Development and the Associated Principles of Environmental Law and Governance in the Anthropocene I. Introduction II. The Impact of Principles of Environmental law in the Holocene: the Rise of Sustainable Development III. The Anthropocene: A Focus on Earth Systems IV. Conclusion 2 Reimagining International Environmental Law in the Anthropocene I. Introduction II. Earth Systems and Planetary Boundaries III. International Environmental Law and Planetary Boundaries IV. A Reimagined International Environmental Law for the Anthropocene V. Conclusion 3 Doing Time-The Temporalities of Environmental Law I. Time and Environmental Change II. Governing the Future III. Governing the Past and its Restoration IV. Conclusions Part 2: Radical Ontologies and Epistemologiesfor the Anthropocene 4 "Anthropocene, Capitalocene, Chthulucene": Re-encountering Environmental Law and its "Subject" with Haraway and New Materialism I. Introduction II. Haraway"s Framing: Three Stories 5 Critical Environmental Law and the Double Register of the Anthropocene: A Biopolitical Reading I. Introduction II. Knowledge, Nature and Law in the Anthropocene III. The Double Register of the Anthropocene IV. Biopolitics V. Reading Environmental Law Biopolitically VI. Conclusions 6 Critical Environmental Law in the Anthropocene I. Introduction II. Anthropocenic Grammar III. Anthropocenic Theoretical Perspective IV. Anthropocenic Methodology: Critical Environmental Law V. Conclusion 7 Materiality and the Ontological Turn in the Anthropocene: Establishing a Dialogue between Law, Anthropology and Eco-Philosophy I. Introduction: The Crisis of the Anthropocene II. Counter Discourse III. Materiality IV. Ontological Turn in Anthropology V. Knowledge and Experience in the Anthropocene VI. Law in the Anthropocene VII. Conclusion Part 3: Planetary Stewardship and Global Justice Reimagined 8 Global Environmental Governance in the Anthropocene: Setting and Achieving Global Goals I. Introduction II. Global Goals for the Anthropocene III. The Evolution of Global Goals IV. The Challenge of Implementation V. Lessons from the MDGs and Global Environmental Conventions VI. Conclusion 9 Global Environmental Constitutionalism in the Anthropocene I. Introduction II. From Domestic to Global Constitutionalism III. Five Approaches to Global Environmental Constitutionalism IV. Seven Elements of Global Environmental Constitutionalism V. Conclusion 10 Global Justice in the Anthropocene I. Introduction II. The Colonial and Postcolonial Origins of the Anthropocene III. International Economic Law and the North-South Divide IV. Sustainable Development: Part of the Solution or Part of the Problem? V. The Way Forward VI. Conclusion 11 The Imperative of Ecological Integrity: Conceptualising a Fundamental Legal Norm for a New "World System" in the Anthropocene I. Introduction II. Jurisprudential Conceptualisations of Ecological Integrity III. Analysing the "World-System" IV. Conclusion: Shaping the "New Story" Part 4: Possible Futures in Critical ‘Spaces’ 12 Of Human Responsibility: Considering the Human/Environment Relationship and Ecosystems in the Anthropocene I. Introduction II. The Paradigm of Mastery and its Consequences III. The Human/Nature Relationship and Ecosystems IV. Is it Possible to Reorient ESAs? A Preliminary Exploration of Rights-based Approaches V. Conclusion 13 The Corporation and the Anthropocene I. Introduction II. Situating Corporate Behaviour III. Adapting the Model of the Corporation IV. A Levinasian Approach to the Corporation V. Conclusion 14 Judging the Anthropocene: Transformative Adjudication in the Anthropocene Epoch I. Introduction II. Context: the Failure of Administrative Environmental Law III. The Unique Role of Judges in Global Environmental Sustainability IV. Civil Actions V. The Public Trust Doctrine VI. Constitutional Environmental Rights VII. Indigenous Environmental Law VIII. Conclusion 15 The Emergence of Transnational Environmental Law in the Anthropocene I. Introduction II. A Primer on Transnational Environmental Law III. The EU"s Quest for Sustainable Biofuels IV. Conclusion 16 The End of European Union Environmental Law: An Environmental Programme for the Anthropocene I. Introduction II. Phenomenological, Spatial, Temporal and Instrumental Challenges for Environmental Policy III. The Human versus Nature Dichotomy in EU Environmental Law IV. Temporal Challenges: the Retrospectivity of EU Environmental Law V. Conclusion Index