Article
Earth System Law and the Legal Status of Non-humans in the Anthropocene
Earth System Governance
(2020)
Abstract
Who belongs to communities of justice in the Anthropocene? While Western and non-Western traditions alike have typically afforded legal recognition primarily to humans and secondarily to some non-human entities under limited conditions, arrival of the Anthropocene suggests a new approach is needed in order to address the range and origins of injustices occurring within the Earth system. Beginning with a discussion of Earth system law and how its expansive scope accommodates non-traditional legal subjects, the essay proceeds with an overview of the rights of nature movement. I then present a comparative analysis of rights of nature cases adjudicated in Ecuador, Colombia, and India. From the foregoing evidence I argue that both theory and practice support broadening the universe of entities capable of qualifying as legal subjects eligible for legal rights to include both natural and artefactual non-humans, a move integral to obtaining socio-ecological justice under Earth system law.
Keywords
- Rights of nature,
- Legal personhood,
- Earth System Law,
- Anthropocene,
- Artificial Intelligence
Disciplines
Publication Date
November 13, 2020
DOI
10.1016/j.esg.2020.100083
Citation Information
Joshua Gellers. "Earth System Law and the Legal Status of Non-humans in the Anthropocene" Earth System Governance (2020) ISSN: 2589-8116 Available at: http://works.bepress.com/joshua-gellers/25/
Creative Commons license
This work is licensed under a Creative Commons CC_BY International License.