Of kin and system: Rights of nature and the UN search for Earth jurisprudence

Schmidt, Jeremy J.

doi:10.1111/tran.12538

Cited by 9 publications

(3 citation statements)

References 97 publications

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“…Nevertheless, it is not without pitfalls. As Schmidt (2022) cautions, earth system governance must be wary of blind spots around jurisprudence and the alienation of Indigenous knowledge. In addition, it must engage more critical self‐reflexivity instead of only maintaining status quo in governance systems.…”

Section: Planetary Boundaries and Planetary Justicementioning

confidence: 99%

Whose growth in whose planetary boundaries? Decolonising planetary justice in the Anthropocene

Sultana

2023

Geography and Environment

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This critical analysis examines the geopolitics of planetary environmental injustice and the imperative for systems change to address the intertwined crises of climate breakdown and unsustainable economic growth. Climate breakdown has heightened attention to uneven anthropogenic use and abuse of the planet's biosphere and common pool resources. Recent arguments by climate scholars suggest that various planetary boundaries have already been breached, resulting in dramatic and harmful socio‐ecological consequences. These trends raise crucial questions of equity and justice, especially concerning responsibilities and impacts. By centring Global South perspectives, prevailing ideologies promoting hyperconsumption, overproduction and waste are interrogated. The incommensurability of socioecological justice with ongoing unsustainable extractive and exploitative economic growth paradigms, which contribute to further transgressions of planetary boundaries, underscore the urgency of decolonising underlying colonial‐capitalist ideologies and practices. This entails a fundamental reformulation of paradigms to envision a more just and sustainable future, one that dismantles oppressive systems and advances justice‐oriented praxis.

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Section: Planetary Boundaries and Planetary Justicementioning

confidence: 99%

Whose growth in whose planetary boundaries? Decolonising planetary justice in the Anthropocene

Sultana

2023

Geography and Environment

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“…In this, international law is aligning with some of the concepts behind RoN, highlighting the importance of acknowledging kinship relationships with nature, and the fact that as humans we are part of a broader earth community. 86 It does mean that RoN have been affirmed in international law, but recognizing the cultural, ecological, and spiritual relationships with nature creates a space to challenge the prevailing approaches focusing on sovereignty, exploitation, and conservation of naturehence, starting to unravel some of the dichotomies explored in Section 2 of this article.…”

Section: Biodiversity Traditional Ecological Knowledge and 'Mother Ea...mentioning

confidence: 99%

Creating Synergies between International Law and Rights of Nature

Gilbert

2023

TEL

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Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.

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“…There are also ethical challenges. As Schmidt (2022) shows in an analysis of the UN's program on Earth jurisprudence, anchoring relations in a systems view can oppress other pathways of understanding relations, such as through Indigenous kinship. In this context, it is important to examine how, and with what effects, Earth stewardship seeks to actively arrange science and values to retain multiple future pathways of knowing and relating to water.…”

Section: Introductionmentioning

confidence: 99%

Earth stewardship, water resilience, and ethics in the Anthropocene

Schmidt

2023

Glob. Sustain.

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Non-technical summary This article uses water to examine how the relationships of ethics to science are modified through the pursuit of Earth stewardship. Earth stewardship is often defined as the use of science to actively shape social–ecological relations by enhancing resilience. The changing relations of science to values are explored by considering how ideas of resilience operate to translate different ways of knowing water into the framework of Earth stewardship. This is not a neutral process, and Earth stewardship requires careful appraisal to ensure other ways of knowing water are not oppressed. Technical summary Scientific disclosures of anthropogenic impacts on the Earth system – the Anthropocene – increasingly come with ethical diagnoses for value transformation and, often, Earth stewardship. This article examines the changing relationship of science to values in calls for Earth stewardship with special attention to water resilience. The article begins by situating recent efforts to reconceptualize human–water relations in view of anthropogenic impacts on the global water system. It then traces some of the ways that Earth stewardship has been articulated, especially as a framework supporting the use of science to actively shape social–ecological relations by enhancing resilience. The shift in relations of ethics and science entailed by Earth stewardship is placed in historical context before the issues of water resilience are examined. Resilience, and critiques of it, are then discussed for how they operate to translate different ways of knowing water into the framework of Earth stewardship. The ethical stakes of such translations are a core concern of the conclusion. Rather than reducing different ways of knowing water to those amendable to the framework of Earth stewardship, the article advances a pluralized approach as needed to respect multiple practices for knowing and relating to water – and resilience. Social media summary Water resilience is key to Earth stewardship; Jeremy Schmidt examines how it changes relations of science and ethics.

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Of kin and system: Rights of nature and the UN search for Earth jurisprudence

Cited by 9 publications

References 97 publications

Whose growth in whose planetary boundaries? Decolonising planetary justice in the Anthropocene

Whose growth in whose planetary boundaries? Decolonising planetary justice in the Anthropocene

Creating Synergies between International Law and Rights of Nature

Earth stewardship, water resilience, and ethics in the Anthropocene

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