ABSTRACT

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.

chapter 1|11 pages

Introduction

Origins and evolution of Earth system law

part I|18 pages

Mapping the contours of Earth system law

part II|77 pages

The analytical dimensions of Earth system law

chapter 5|17 pages

An Earth system science-based perspective

A foundational feature of Earth system law

chapter 6|19 pages

The ESL framework

Re-visioning in the age of transformation and the Anthropocene

part III|73 pages

The normative dimensions of Earth system law

part IV|83 pages

The transformative dimensions of Earth system law

chapter 11|20 pages

The Earth system, the orbit, and international law

The cosmolegal proposal

chapter 14|18 pages

Common interest, concern or heritage?

The commons as a structural support for an Earth system law

part V|17 pages

Plotting the course of Earth system law

chapter 15|15 pages

Conclusion

Plotting the course of Earth system law on the precipice of the Anthropocene