International Law, Innovation, and Environmental Change in the Anthropocene

Jefferies, Cameron S. G.; Seck, Sara L.; Stephens, Tim

doi:10.1017/9781108526081.002

Cited by 2 publications

(1 citation statement)

References 32 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Moreover, while they have metamorphosed over the years, these principles have been designed decades ago at a time when the socio-ecological crisis was not appreciated as being all that severe, and when innovative regulatory options were more limited than they are today. 32 They have neither kept up with progressive innovations in Earth system science, such as the emergence of resilience thinking, an Earth system law and governance approach, planetary boundaries and the adaptive governance of complex systems; nor can they mirror domestic juridical innovations such as the principle of in dubio pro natura. 33 As we will see with the Global Pact process below, many of the discussions around these principles continue to focus not on how to raise their level of ambition, or on creating more effective principles to bolster these, but rather on what their legal status is and how they could be consolidated (itself of course not an unimportant debate, but one that would seem to crowd out other critical deliberations).…”

Section: Iel's Normative Ambition?mentioning

confidence: 99%

International Environmental Law’s Lack of Normative Ambition: an Opportunity for the Global Pact for the Environment?

Kotzé

2019

J. Eur. Environ. Plan. Law

View full text Add to dashboard Cite

This paper argues that international environmental law (iel) is not sufficiently ambitious to confront the Anthropocene’s socio-ecological crisis. The critique specifically focuses on iel’s lack of ambitious and “unmentionable” ecological norms such as rights of nature, Earth system integrity, and ecological sustainability that are not yet considered to be part of the corpus of iel, but that arguably should be in light of the prevailing and ever-deepening socio-ecological crisis. Assuming that the recent Global Pact for the Environment initiative and its accompanying United Nations-mandated report that assesses possible gaps in iel are indicative of the type of reforms we might expect of iel now and in future, the paper determines if and the extent to which the Global Pact initiative embraces ambitious norms and addresses iel’s “unmentionable” normative gaps. A secondary, but related, objective of the paper is to briefly respond to the recent view that any radical critique of the Global Pact initiative is either unfounded, unwarranted or undesirable.

show abstract

Section: Iel's Normative Ambition?mentioning

confidence: 99%