Earth system law and the legal status of non-humans in the Anthropocene

• Published in: Earth system governance Vol. 7; p. 100083
• Main Author: Gellers, Joshua C.
• Format: Journal Article
• Language: English
• Published: Elsevier B.V 01.03.2021; Elsevier
• Subjects: Anthropocene; Anthropocene epoch; Artificial intelligence; Colombia; Earth system law; Earth system science; Ecuador; governance; India; Legal personhood; Rights of nature; Colombia; Ecuador; India; Anthropocene; Rights of nature; Earth system law; Legal personhood; Artificial intelligence
• ISSN: 2589-8116; 2589-8116
• DOI: 10.1016/j.esg.2020.100083

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.