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Earth System Law for the Anthropocene

Author

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  • Louis J. Kotzé

    (Faculty of Law, North-West University, Potchefstroom 2531, South Africa
    Law School, University of Lincoln, Lincoln LN6 7TS, UK)

Abstract

Law has failed to address the ever-deepening socio-ecological crisis of the Anthropocene. In the light of, and as a response to, law’s failures in this respect, this paper argues in support of developing a new legal paradigm for the Anthropocene epoch called Earth system law. It does so first by briefly describing the Anthropocene trope and the extent and dimensions of its socio-ecological crisis. The paper then specifically focuses on international environmental law as an example of how and why law has become incapable of, and inappropriate for, addressing this crisis, and for being unable to respond to the Anthropocene’s regulatory demands. By drawing on three Earth system-related regulatory implications of the Anthropocene trope (i.e., inclusivity, interdependencies and complexity), the final part of the paper makes out a case in support of reforming law and creating a new Earth system oriented legal paradigm that is fit for purpose in the Anthropocene epoch.

Suggested Citation

  • Louis J. Kotzé, 2019. "Earth System Law for the Anthropocene," Sustainability, MDPI, vol. 11(23), pages 1-13, November.
    • Handle: RePEc:gam:jsusta:v:11:y:2019:i:23:p:6796-:d:292509
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    References listed on IDEAS

    as
    1. Anne van Aaken & Janis Antonovics & Peter Kareiva & Emma Fuller, 2016. "Beyond Resilience: How to Better Prepare for the Profound Disruption of the Anthropocene," Global Policy, London School of Economics and Political Science, vol. 7, pages 107-118, May.
    2. Louis J. Kotzé & Duncan French, 2018. "A critique of the Global Pact for the environment: a stillborn initiative or the foundation for Lex Anthropocenae?," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 18(6), pages 811-838, December.
    3. Rakhyun Kim & Brendan Mackey, 2014. "International environmental law as a complex adaptive system," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 14(1), pages 5-24, March.
    4. Johan Rockström & Will Steffen & Kevin Noone & Åsa Persson & F. Stuart Chapin & Eric F. Lambin & Timothy M. Lenton & Marten Scheffer & Carl Folke & Hans Joachim Schellnhuber & Björn Nykvist & Cynthia , 2009. "A safe operating space for humanity," Nature, Nature, vol. 461(7263), pages 472-475, September.
    5. Liam Phelan & Ann Henderson-Sellers & Ros Taplin, 2013. "The Political Economy of Addressing the Climate Crisis in the Earth System: Undermining Perverse Resilience," New Political Economy, Taylor & Francis Journals, vol. 18(2), pages 198-226, April.
    6. Clive Hamilton, 2016. "Define the Anthropocene in terms of the whole Earth," Nature, Nature, vol. 536(7616), pages 251-251, August.
    7. Delshad, Ashlie B. & Raymond, Leigh & Sawicki, Vanessa & Wegener, Duane T., 2010. "Public attitudes toward political and technological options for biofuels," Energy Policy, Elsevier, vol. 38(7), pages 3414-3425, July.
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