Tag Archives: ecocentrism

Competing Narratives and Complex Genealogies: The Ecosystem Approach in International Environmental Law

Author

Vito De Lucia

Keywords

Ecosystem Approach, international environmental law, anthropocentrism, ecocentrism

Abstract

The ecosystem approach, broadly understood as a legal and governance ‘strategy for the integrated management of land, water and living resources’ is being increasingly adopted within a wide variety of international environmental legal regimes. From freshwater to oceans, from biodiversity to fisheries, from Antarctica to climate adaptation, the approach provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. Responding to hopes of arresting, and reversing, the increasingly negative trends of resource depletion and ecological degradation affecting most ecosystems in the world, the ecosystem approach promises to ‘protect the environment, maintain healthy ecosystems, preserve biological diversity, and achieve sustainable development’, all at once. This article problematises the ecosystem approach in order to highlight its complex genealogies, and its contested and slippery character, which makes it susceptible to discursive capture by competing narratives.

Citation

(2015) 27/1 Journal of of Environmental Law, 91-117

Paper

Competing Narratives and Complex Genealogies: The Ecosystem Approach in International Environmental Law

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Towards an ecological philosophy of law: a comparative discussion (V. De Lucia)

Author

Vito De Lucia

Keywords

Earth Jurisprudence, legal philosophy, Natural Law, rights of nature, subjective rights, ecocentrism, property, ecology

Abstract

Environmental law finds itself in a very delicate position. Its role is to elaborate rules and principles for addressing multiple ecological crises, yet environmental law is structurally and conceptually rooted in a broader legal tradition thoroughly implicated in the domination and ‘othering’ of nature. The ecological worldview challenges the roots of modern law, casting critical light upon Cartesian dualism and the epistemology of mastery. While environmental law has incorporated some of the new knowledge offered by ecology into its normative texture, and has shifted its focus from fragmented parts and individuals (for example, individual species) towards wholes, relationships and complexity (for example, biodiversity, ecosystems processes), it remains far from being a comprehensive translation of the ecological worldview into law. Against this background, this article will discuss and compare two frameworks – Earth Jurisprudence and Law for Nature – both of which aim to elaborate an ecological philosophy of law. It will be suggested that while their critical premises are similarly grounded on ecological critiques of central legal categories such as subject (persons), object (things) and property (ownership), their respective ethical stances and central strategies are quite different: Earth Jurisprudence aims at articulating an ecocentric narrative in which nature is understood as a plurality of legal subjects endowed with rights; Law for Nature starts from a concept of ecological normativity, which through a continuous transformative process re-orients law, and grounds the relationship between subject and object in the concept of patrimonium. The tensions between subjective rights and objective norms, between individual and community, and between practical action and long-lasting, radical re-orientation, operate as guides for the discussion offered here.

Citation

(2013) 4/2 Journal of Human Rights and the Environment 167-190

Paper

Towards an ecological philosophy of law: a comparative discussion

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Natural law and ecocentrism (B. Donnelly and P. Bishop)

Author(s)

Bebhinn Donnelly and Patrick Bishop

Keywords

Jurisprudence; Environmental protection; Natural law

Abstract

Considers the scope for both new and traditional natural law to offer theoretical support for ecocentric approaches to environmental protection rather than solely anthropocentric approaches. Outlines the distinction between the two branches of natural law

Citation

(2007) 19(1) Journal of Environmental Law 89-101

Paper

Natural law and ecocentrism

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Ecofeminism as Politics: Nature, Marx and the Post Modern (A. Salleh)

Author

Ariel Salleh

Keywords

Women, Ecopolitics, Ecology, History, Ecofeminist Actions, Embodied Materialism, Body Logic, 1/0 Culture, Man/Woman=Nature, Postcolonial Sense, Feminism, Terra Nullius, Barefoot Epistemology, Energy/Labour Flows

Abstract

This book explores the philosophical and political challenge of ecofeminism. It shows how the ecology movement has been held back by conceptual confusion over the implications of gender difference, while much that passes in the name of feminism is actually an obstacle to ecological change and global democracy. The author argues that ecofeminism reaches beyond contemporary social movements being a political synthesis of four revolutions in one: ecology is feminism is socialism is post-colonial struggle.

Informed by a critical postmodern reading of the Marxist tradition, Salleh‘s ecofeminism integrates discourses on science, the body, culture, nature, political economy. The book opens with a short history of the ecofeminism. Part two establishes the basis for its epistemological challenge while the third part consists of ecofeminist deconstructions of deep ecology, social ecology, eco-socialism and postmodern feminism. In the final section, Salleh suggests that a powerful way forward can be found in commonalities between ecofeminist and indigenous struggles.

Citation

Ariel Salleh, Ecofeminism as Politics: Nature, Marx and the Post Modern (Zed Books, 2006)

Book

Ecofeminism as Politics: Nature, Marx and the Post Modern

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