A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer

Vido, Sara De

doi:10.1007/s42439-020-00031-0

Cited by 10 publications

(6 citation statements)

References 37 publications

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“…The pandemic that spread worldwide in 2020 has detrimentally impacted both human health and the environment (De Vido, 2020). It has been suggested that COVID-19 emerged as a result of humans living in an anthropocentric manner, with humans at the top of the hierarchy.…”

Section: Introductionmentioning

confidence: 99%

Financial and Mental Health Concerns of Impoverished Urban-Dwelling Bangladeshi People During COVID-19

et al. 2021

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Background: The COVID-19 pandemic has impacted the physical, mental and financial health of many individuals. Individuals living in impoverished crowded settings may be particularly vulnerable to COVID-19-related stressors. How substantially marginalized groups like impoverished urban-dwelling individuals have been impacted during this pandemic is poorly understood. The present study aimed to investigate the associated factors of financial concerns and symptoms of depression and posttraumatic stress disorder (PTSD) during the COVID-19 pandemic among impoverished urban-dwelling individuals residing in Dhaka, Bangladesh.Methods: A cross-sectional survey was conducted between August and September 2020 using face-to-face interviews in six disadvantaged neighborhoods (“slums”) in Dhaka. Individuals were interviewed using a semi-structured questionnaire consisting of questions assessing socio-demographics, lifestyle, financial well-being relating to the COVID-19 pandemic, depression, and PTSD.Results: Four-hundred-and-thirty-five individuals (male = 54.7%; mean age = 45.0 ± 12.0 years; age range = 18–85 years) participated. Most (96.3%) reported that their household income decreased due to the COVID-19 pandemic. Factors associated with decreased household incomes included female gender, primary education, joblessness, food scarcity and depression. Depression symptoms were linked to female gender, joblessness, divorce, living in a joint family, excessive sleep and smoking. Low incomes, excessive sleep, joblessness and food scarcity were positively associated with PTSD symptoms. In contrast, less sleep appeared protective against PTSD.Conclusions: Public health initiatives, in particular mental health services that target stress and biocentric approaches that consider how humans interact with multiple facets of nature, should be introduced to mitigate against potential financial and psychological effects of the pandemic on impoverished urban-dwelling individuals in Bangladesh.

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Section: Introductionmentioning

confidence: 99%

Financial and Mental Health Concerns of Impoverished Urban-Dwelling Bangladeshi People During COVID-19

et al. 2021

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“…The idea of law (justice) overlaps at this point with the issue of legal ontology. In this sense, the human formula and/or its part which regulates human behaviour in relation to other natural entities ("nomos interspecies") 47 is understood as the "correct path" 48 which ensures a harmonious centrality of human community in Nature.…”

Section: московский журнал международного права • 4 • 2021mentioning

confidence: 99%

“…47 For the purpose of transparency, for that part of the human formula which specifies the rules of behaviour with regard to other biotic communities, the term "nomos interspecies" or "law of Nature" will be used and for other parts of the human formula (the rules regulating man's private interaction and the rules regulating man's social interaction, i.e., man's social and/ or political thought, the term "internal law" will be used. 48 For understanding law as the "correct path" see [Fletcher 1996:38-39]. For general issues of legal ontology see [Posner 1990:161-247].…”

Section: московский журнал международного права • 4 • 2021mentioning

confidence: 99%

How to Overcome Impotence of Environmental Law in the Age of Anthropocene: Foundations of Ecocentric Law

Pličanić

2022

Mosc. j. int. law

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INTRODUCTION. This scientific article discusses the reaosns for inefficiency (“impotence”) of modern environmental law as a normative reaction to the “destruction of Nature”. The scope of the destruction of Nature has been broadening. The environmental protection law has thus not influenced the resurrection of “destroyed Nature”.MATERIALS AND METHODS. Consistent with explanatory and theory–building research, the methods used are those of historical legal research as well as general scientific methods, such as analysis, synthesis, analogy, description, and deduction. RESEARCH RESULTS. The essential reasons for the current excessiveness (intemperance) of man's interaction with Nature (the reasons for the “destruction of Nature”) and/or reasons for the inefficiency of the modern environmental law should be sought for in the dominant anthropocentric cultural paradigm of the western cultures oriented towards an un-limited material progress. If anthropocentrism (exploitativeness) as the basis of human utilitarian interaction with nature has led to the “destruction of nature,” there is no doubt that the ecological reason remaining within the anthropocentric construction of Nature can not lead to its “resurrection”. Only the setting-up of the ecocentric construction of Nature may lead to the “resurrection” of Nature. This orientation must be followed by the nomos of the western cultures. A new law of nature on the basis of the new, ecocentric ontology and ethics is therefore necessary.DISCUSSION AND CONCLUSIONS. In this article, the basics of a new ecocentric legal philospohy as the foundation of modern environmental law have been proposed. The scientific realisation of man's equality in the network of co-dependent natural entities in the last decades shows man his initial position – that is his (equal) postition in Nature. The determination of the rules of conduct which man must respect in interaction with Nature implies an expansion of the idea of law itself (justice and correctness) towards the interaction between man and Nature and not only the interaction within human community. Consequently, the economic interaction has to be maintained within the framework ensuring the vitality of other biotic communities. Also, incorporation of Nature in the very essence of law inevitably triggers a redefinition of legal values. The natural equilibrium, i.e., the equilibrium of life (including human life) becoming a legal value, we could speak of the expansion of the legal subject, i.e. the expansion of values which are the subject of legal protection. The initial position of the natural equilibrium addresses the issue of relationship of the new legal value towards the existing fundamental legal values of the western cultures. The enforcement of the maintenance of natural equilibrium may also demand a limitation of another legally protected value, for example, the right to the freedom of movement or some other human right. The new value, i.e., the maintenance of natural equilibrium, must be incorporated in the “contracts of statehood”, that is in the constitutions of the western countries as one of main legal values, next to “freedom”,“democracy” and “private property”. The entry of Nature in the western (legal) value system is a conditio sine qua non for an efficient change in the legal order and, most importantly, for a change in man's attitude towards Nature in everyday's life.

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“…First, Earth law assumes that all of Nature (ecosystems and species, plants, microorganisms and animals, as well as biotic and abiotic components) have inherent and fundamental rights [ 17 ]. Earth law also assumes that humans exist as a part of Nature within an inextricable and complex web of relationships, and as a result, human rights are embedded within and dependent on the realization of Nature’s inherent rights [ 27 – 29 ]. Just as humans have rights based on our existence and being, so too does Nature.…”

Section: Introductionmentioning

confidence: 99%

“…Second, to date, environmental law has largely contributed to, and is unable to effectively react to, the growing environmental crisis. This is predominantly the result of a colonial worldview of humanity as separate from and owners of Nature, largely anthropocentric (human-centered) environmental laws and policies, and equating Nature to a resource and property with value derived from benefit and utility to humankind [ 20 , 27 , 30 – 34 ]. Although not all worldviews and legal frameworks adopt this paradigm, within this Essay, we use the vision for the Ocean Decade: “the science we need for the ocean we want,” as an example of international community norms and values that convey that humans are the primary beneficiary of a healthy Ocean [ 1 ].…”

Section: Introductionmentioning

confidence: 99%

Living in relationship with the Ocean to transform governance in the UN Ocean Decade

Bender¹,

Bustamante²,

Léonard

2022

PLoS Biol

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Humanity’s relationship with the Ocean needs to be transformed to effectively address the multitude of governance crises facing the Ocean, including overfishing, climate change, pollution, and habitat destruction. Earth law, including Rights of Nature, provides a pathway to center humanity as a part of Nature and transform our relationship from one of dominion and separateness towards holism and mutual enhancement. Within the Earth law framework, an Ocean-centered approach views humanity as interconnected with the Ocean, recognizes societies’ collective duty and reciprocal responsibility to protect and conserve the Ocean, and puts aside short-term gain to respect and protect future generations of all life and the Ocean’s capacity to regenerate and sustain natural cycles. This Essay presents Ocean-centered governance as an approach to help achieve the 10 challenges for collective impact put forward as part of the UN Decade of Ocean Science for Sustainable Development and therefore living in a harmonious relationship with the Ocean.

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A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer

Cited by 10 publications

References 37 publications

Financial and Mental Health Concerns of Impoverished Urban-Dwelling Bangladeshi People During COVID-19

Financial and Mental Health Concerns of Impoverished Urban-Dwelling Bangladeshi People During COVID-19

How to Overcome Impotence of Environmental Law in the Age of Anthropocene: Foundations of Ecocentric Law

Living in relationship with the Ocean to transform governance in the UN Ocean Decade

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