Symposium Introduction: Critical Perspectives on Global Law and the Environment

被引:3
作者
Cusato, Eliana [1 ]
Jones, Emily [2 ,3 ]
Ohdedar, Birsha [4 ]
Bueno De Mesquita, Judith [5 ]
机构
[1] Univ Amsterdam, Amsterdam Ctr Int Law, Amsterdam, Netherlands
[2] Univ Essex, Sch Law, Colchester, Essex, England
[3] Univ Essex, Human Rights Ctr, Colchester, Essex, England
[4] Univ London, SOAS, London, England
[5] Univ Essex, Sch Law, Human Rights Ctr, Colchester, Essex, England
关键词
Global law; critical approaches; colonialism; human rights; natural resources; international environmental law; HUMAN-RIGHTS; PEASANTS;
D O I
10.1017/S2044251322000121
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Global law and the environment is an increasingly prominent and rapidly evolving area of scholarship. In confronting global challenges such as climate change, biodiversity loss, freshwater scarcity, and other symptoms of planetary breakdown, critical scholars from different intellectual traditions are questioning the traditional approach taken within environmental law which has, so far, only managed to save "some trees" but failed to keep "the forest". These dominant legal interactions often use the law to address "problems" after they arrive. However, the law plays a key role also in constituting these "problems" by incentivizing certain harmful activities, upholding socio-political-economic structures, and through the limited framing of the issues it claims to solve. It is becoming increasingly clear that we live in a "legally constituted world". Against this background, there is a need for further critical reflection on the role of the law in preventing, addressing, and even driving the entangled socio-ecological-economic crises of modernity. Through interrogating the assumptions that underlie environmental law, critical scholars have exposed, challenged, and put forward alternative visions to its neo-colonial and gendered biases; its exclusion of indigenous perspectives and voices; its construction upon problematic representations of "the environment" that centres an anthropocentric worldview; and a neoliberal economic order that fosters vast environmental damage.
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页码:1 / 8
页数:8
相关论文
共 36 条
  • [1] Adelman Samuel., 2010, HUMAN RIGHTS CLIMATE, P159
  • [2] Alam S., 2015, International Environmental Law and the Global South, V1st, P1
  • [3] Alam Shawkat., 2015, International Environmental Law and the Global South Cambridge
  • [4] [Anonymous], 2021, DECOLONISATION OCEAN
  • [5] [Anonymous], 2011, Towards green growth: Monitoring progress
  • [6] Bosselmann K., 2010, Sustainability, V2, P2424, DOI 10.3390/su2082424
  • [7] CHADWICK Anna, 2019, LAW POLITICAL EC HUN, P7
  • [8] Claeys P., 2018, Transnational Legal Theory, V9, P386, DOI [10.1080/20414005.2018.1563444, DOI 10.1080/20414005.2018.1563444]
  • [9] The United Nations Declaration on the rights of peasants and other people working in rural areas
    Claeys, Priscilla
    Edelman, Marc
    [J]. JOURNAL OF PEASANT STUDIES, 2020, 47 (01) : 1 - 68
  • [10] CULLET Philippe, 2019, RES HDB LAW ENV GLOB