ABSTRACT

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.

chapter |11 pages

Introduction

chapter 1|23 pages

Ngā Pou Rāhui 1

Responsable laws for water and climate

chapter 2|12 pages

Reclaiming the global commons

Towards earth trusteeship

chapter 4|24 pages

Public responsibility

A fundamental concept reflected throughout the ages; where did we lose the plot?

chapter 5|13 pages

Confronting the insupportable

Resources of the law of responsibility 1

chapter 11|21 pages

Reflecting on landscapes of obligation, their making and tacit constitutionalisation

Freshwater claims, proprietorship and “stewardship”

chapter 12|10 pages

Rivers as ancestors and other realities

Governance of waterways in Aotearoa/New Zealand

chapter 13|23 pages

The power and potential of the public trust

Insight from Hawai‘i’s water battles and triumphs

chapter 15|9 pages

Making law