Towards planetary nexus governance in the Anthropocene: An earth system law perspective

Abstract

Nexus governance recognises that sustainability concerns such as water, energy, and food security are interlinked and provides an alternative to fragmented governance. Although it has been applied mostly in the domestic context, the need for nexus governance is also apparent at a planetary scale, as highlighted by interacting planetary boundaries, global telecoupling, and global tipping cascades. However, international environmental law is unable to facilitate what we call ‘planetary nexus governance’. This is mainly because international environmental law lacks an ecological Grundnorm and because its primary rules of conduct remain fragmented in the absence of effective secondary rules on how primary rules should relate to each other. Recognising this challenge, scholars have recently proposed earth system law as a new framework to rethink, in an integrated way, law in an Anthropocene context. Building on this framework, we suggest that international environmental law should adopt a unifying Grundnorm such as planetary integrity. We also suggest that international institutional law, as a body of secondary rules, has an important role to play in facilitating planetary nexus governance by bringing together fragmented bodies of international law. We briefly discuss ways in which international environmental law could reorientate itself to better facilitate planetary nexus governance.

Legal and regulatory institutions integration in environmental policy of the Russian Federation

“…Among the foreign scientific works of particular interest are the works of Patrick Parenteau [3], Louis J. Kotze and Rahyun E. Kim [4], which address both the fundamental issues of environmental law and their regulation, and the specific aspects of anthropocoenology. The researchers highlight the term "anthropocene", denoting the connection of human activity affecting the ecosystem with public management systems in the field of environmental protection.…”

Courts, climate litigation and the evolution of earth system law

“…Some examples are ‘earth system science’ (e.g. Steffen et al., 2020), ‘social–ecological systems thinking’ (Ebbesson & Folke, 2014), ‘planetary governance’ (Young, 2021, 2023), ‘planetary nexus governance’ (Kotzé & Kim, 2022), ‘planetary boundaries’ (Rockström et al., 2009), ‘planetary integrity’ (Kotzé et al., 2022), ‘planetary justice’ (e.g. Biermann & Kalfagianni, 2020), ‘planetary stewardship’ (Speth & Haas, 2006) and ‘planetary health’ (e.g.…”

“…Departing from earth system governance as its root concept, the notion of earth system law was proposed in 2019 (Kotzé & Kim, 2019) as a new legal imaginary that endeavours to align law (as an episteme, practice, and discipline) with an earth system perspective (Kotzé & Kim, 2022). To the extent that it represents a new vision of law in and for the Anthropocene, earth system law essentially urges a critical reflection upon law in an earth system context, thereby attempting to disrupt the foundational assumptions of ‘conventional law’ and the latter's ability to govern complex social–ecological transformations (Gellers, 2021).…”

Can norms bridge boundaries? Systems theory’s challenge to eco-theology and Earth system law

“…Although it sprang out of a lineage from Kant through Hume, Kelsen's legal positivism is a mature theory of law stated self-referentially, immanently or, to use his word, 'purely'. The pure theory of law is employed because, as we will see later when we discuss Earth systems law, Louis Kotzé and Rakhyun Kim argue for a planetary Grundnorm', a modification of a concept invented by Kelsen (Kotzé & Kim 2022).…”

“…It is hoped that a new body of norms can be created that align more closely to the planet's needs than humankind's motives (such as profit and development). In a recent piece, Kotze criticises existing environmental law for its lack of an ecological Grundnorm (Kotzé & Kim 2022).…”