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Earth System Law: Standing on the Precipice of the Anthropocene

Edited by: Timothy Cadman, Margot Hurlbert, Andrea C. Simonelli

ISBN13: 9781032056241
Published: December 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00
Paperback edition , ISBN13 9781032056296



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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.

Subjects:
Environmental Law
Contents:
Foreword
Frank Biermann
Preface
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
Andrea C. Simonelli, Margot Hurlbert and Timothy Cadman
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
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

Series: Challenges of Globalisation

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Globalisation and the Rule of Law ISBN 9780415326551
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