Journal of Human Rights and the Environment最新文献

Entanglements: the ambivalent role of law in the Anthropocene 纠葛：法律在人类世中的矛盾作用

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.05

Johan Horst

{"title":"Entanglements: the ambivalent role of law in the Anthropocene","authors":"Johan Horst","doi":"10.4337/jhre.2024.01.05","DOIUrl":"https://doi.org/10.4337/jhre.2024.01.05","url":null,"abstract":"Law plays an ambivalent role in Anthropocene-related debates. On the one hand, affirmative theories turn to law as an important instrument for reconciling human life patterns and activities with the Earth’s planetary boundaries. On the other hand, critical theories point out that law perpetuates anthropocentrism, facilitates environmental exploitation, and enables human interference with ecological processes and is thus an integral part of the societal configuration that brought about the Anthropocene. A critical appraisal of the Anthropocene debate, in my view, requires engaging with the reasons for these ambivalent stances on the role of law in the Anthropocene. In this article, I argue that affirmative and critical approaches to the role of law in the Anthropocene fundamentally differ in their interpretations of three fundamental challenges that the Anthropocene poses to the form of law. The first challenge concerns a shift in the law’s function with respect to natural processes; the second, the constitutive role of law for the current economy of exploitation of the environment; and the third, a change in the meaning of democratic rule-making in the Anthropocene. Taken together, these three challenges expose the deep entanglement of the law with the Anthropocene constellation and suggest that the task of constitutionalizing in the Anthropocene begins with a thorough critique of the role of law in bringing about the Anthropocene. A critical interrogation provides the basis for engaging with historic, current and emerging alternative forms of law to work towards imaginaries of a radically different law for the Anthropocene.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140413606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book review: Matthew C Canfield, Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance (Stanford University Press, Stanford 2022) 264 pp. 书评：马修-C-坎菲尔德，《翻译粮食主权》：Cultivating Justice in an Age of Transnational Governance》（斯坦福大学出版社，斯坦福 2022 年），264 页。

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.07

Arianna De Conno, M. Brunori

引用次数: 0

Constitutionalizing in the Anthropocene: an introduction 人类世的宪法化：导言

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.00

引用次数: 0

Book review: Yoram Bauman and Grady Klein, The Cartoon Introduction to Climate Change, Revised Edition (Island Press, Washington DC 2022) 224 pp. 书评：约拉姆-鲍曼（Yoram Bauman）和格雷迪-克莱因（Grady Klein），《气候变化卡通导论》，修订版（岛屿出版社，华盛顿特区，2022 年），224 页。

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.08

A. Suman, Siddharth Peter de Souza

引用次数: 0

Reintroduction of large carnivores in Europe: a case study on frictions between rules of law and rules of nature 在欧洲重新引进大型食肉动物：法律规则与自然规则之间摩擦的案例研究

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.04

F. Fleurke

{"title":"Reintroduction of large carnivores in Europe: a case study on frictions between rules of law and rules of nature","authors":"F. Fleurke","doi":"10.4337/jhre.2024.01.04","DOIUrl":"https://doi.org/10.4337/jhre.2024.01.04","url":null,"abstract":"Scientists have announced the Anthropocene as a geological epoch in which human impacts have become dominant, and the human/nature dichotomy seems to have been transcended. This article examines if, and under what conditions, the obligation to maintain or restore natural habitats and species of wild fauna at favourable conservation status under EU Nature protection law (Habitats Directive) includes obligations for EU member states to reintroduce species against the dynamic backdrop of the Anthropocene.\u0000The dynamics of the Anthropocene pertain to time (past or historical versus present or current presence of a species within a particular habitat), space (native or indigenous ecosystem versus human-induced or anthropogenically changed ecosystem or habitat) and ontologies (‘natural’ versus ‘human’ reintroduction). Focusing on the particular issue of the ‘restoration’ and ‘reintroduction’ of populations of large carnivores – so-called keystone species – in the EU, these temporal, spatial and conceptual dimensions (nature/human dichotomy) of the Habitats Directive are explored in the context of three concrete reintroduction scenarios. Considering this setting, what have the obligations to maintain and to restore come to imply, and is a disconnect emerging between the relatively static ‘rules of law’ and dynamic ‘rules of nature’?","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140415228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Black Anthropocene: and the end(s) of the constitutionalizing project 黑色人类世：宪政化项目的终结

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.03

David Chandler

{"title":"The Black Anthropocene: and the end(s) of the constitutionalizing project","authors":"David Chandler","doi":"10.4337/jhre.2024.01.03","DOIUrl":"https://doi.org/10.4337/jhre.2024.01.03","url":null,"abstract":"This article is written in response to the assumptions and objectives of a recent project coming out of Tilburg Law School, called ‘Constitutionalizing in the Anthropocene’, but can be read just as easily as a stand-alone piece. The analysis presented here is based on an understanding of the concept ‘Anthropocene’ as rejecting modernist ontological assumptions about a split between human and nature. The concept says that this split is fictitious and can no longer hold in the present context of ecological crisis. The project to constitutionalize the conditions of living in the Anthropocene recognizes the importance of this shift but, this article argues, fails to fully acknowledge the implications for law. In contrast, this article explores the alternative concept of the ‘Black Anthropocene’ as a (para-)ontological understanding and an ethico-political response that better captures the concept of Anthropocene, including the legal implications. Grounded in the concept of Black Anthropocene, this article demarcates two distinct approaches to relationality and to the legal subject. It then utilizes this framing to rethink constitutionalization as disavowing the imbrication of law within a modernist ontology of separation and, as a result, the possibilities for constitutionalizing the Anthropocene at all. The article argues that focusing on anti-Blackness as central to the modernist ontology of human and world opens other possibilities for thought, leading us to question, rather than seek to preserve, the authority and legitimacy of projects of constitutionalization per se.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140415942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Constitutionalizing in the Anthropocene 人类世的宪法化

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.01

F. Fleurke, Michael C. Leach, Hans Lindahl, Phillip Paiement, Marie Petersmann, Han Somsen

{"title":"Constitutionalizing in the Anthropocene","authors":"F. Fleurke, Michael C. Leach, Hans Lindahl, Phillip Paiement, Marie Petersmann, Han Somsen","doi":"10.4337/jhre.2024.01.01","DOIUrl":"https://doi.org/10.4337/jhre.2024.01.01","url":null,"abstract":"The Anthropocene thesis, in its rejection of both the modernist separation between ‘humans’ and ‘nonhumans’ as well as in its treatment of ‘humans’ as a singular global geophysical force, presents fundamental challenges to constitutional theory and practice. First, in terms of conceptual and foundational transformations, the Anthropocene provokes the reconceptualization of legal relations as never being limited to human concerns, but as always and already part of more-than-human collectives. These legal relations are organized by the co-agency of humans and nonhumans, in recognition of shared vulnerabilities and in relations premised on care. This reconceptualization demands a new understanding of representational practices that could constitutionalize more-than-human relations as political and legal collectives. Second, emergent technologies such as genetic and climate engineering introduce fundamental questions about regulatory modalities available in the Anthropocene, and the role that law plays in this regard. Such technologies have given rise to the possibility of ‘ruling by design’, by technologically mediating ‘natural’ forces or Earth system processes to achieve pre-established regulatory goals. This possibility raises critical concerns about the remaining role for law in legitimising and enabling such developments. Finally, the temporal dimensions of the Anthropocene thesis cast a critical light on law’s potential for driving radical transformations in (un)governance. In imagining future legal architectures capable of manifesting more-than-human constitutionalism, it is necessary to excavate the historical role that foundational legal principles and institutions – such as sovereignty and personhood – have had in facilitating exploitative relations between and beyond humans.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140415181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Towards a planetary coalition (a Preamble) 建立地球联盟（序言）

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.02

Frédéric Neyrat

{"title":"Towards a planetary coalition (a Preamble)","authors":"Frédéric Neyrat","doi":"10.4337/jhre.2024.01.02","DOIUrl":"https://doi.org/10.4337/jhre.2024.01.02","url":null,"abstract":"When ‘megafires’ and ‘superstorms’ proliferate, who is the real sovereign of the Anthropocene: anthropos, or nature become monstrous? In the Teracene (‘tera’ meaning ‘monster’), I argue that sovereignty should mean the right to refuse that which turns our existential situation into a horror film, in order to defend what preserves life’s endangered conditions of possibility. To build this right, I first need to deconstruct the concept of sovereignty and to reveal its groundlessness. Acknowledging this groundlessness, I propose an ‘ecopolitics without guarantees’ in which the otherness at the core of possible new Constitutions would not engender an alternative sovereign subject (a subject that would just replace anthropos or the ruling class), but rather an unconditional requirement and the rights that it legitimates. I explain that this unconditional requirement concerns the necessity of caring not only for future generations but also for past ones. I finish my article with a political fiction: the outline of a Preamble for a Constitution able to give voice to the damned of the Teracene. To acknowledge the existence of those suffering from the ongoing exploitation and colonization of the Earth and of those who wither from a future erased in advance, this speculative Preamble is centered not around the present but around the heteronomous, divergent temporality of that which never existed enough and that which threatens to fall out of existence entirely.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2024-02-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140415763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book review: Rupert Read, Why Climate Breakdown Matters (Bloomsbury, London 2022) 232 pp. 书评：鲁珀特-雷德：《气候崩溃为何如此重要》（布鲁姆斯伯里，伦敦，2022 年），232 页。

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2024-02-29 DOI: 10.4337/jhre.2024.01.06

Benjamin J Richardson

引用次数: 0

The seabed and the South: from stock stories to new histories of international lawmaking 海底与南方：从故事到新的国际法制定史

IF 1.7

Journal of Human Rights and the Environment Pub Date : 2023-11-01 DOI: 10.4337/jhre.2023.0004

Surabhi Ranganathan

{"title":"The seabed and the South: from stock stories to new histories of international lawmaking","authors":"Surabhi Ranganathan","doi":"10.4337/jhre.2023.0004","DOIUrl":"https://doi.org/10.4337/jhre.2023.0004","url":null,"abstract":"Centring the career of Cameroonian diplomat Paul Bamela Engo during the negotiation of the UN Convention on the Law of the Sea, this article makes a methodological intervention in the historiography of multilateral treaty-making. It reads through and against the grain of dominant narratives of oceanic constitution-making, and offers counter-narratives that serve as conceptual and mobilizational resources in contemporary struggles. It examines how the ‘stock story’ of the emergence of the resource regime for seabed minerals as the common heritage of mankind erases the radical alternatives that were proposed by Third World actors and their efforts to write them into law, and sorts these actors into trope-laden categories of ‘extremist’ and ‘moderate’. Against this, and building on critical race theorist Richard Delgado’s exploration of counterstorytelling, this article traces histories that position Third World diplomats and lawyers as intellectual innovators and rival worldmakers. Extending the field of international intellectual history, and examining international lawmaking conferences as a political form, these histories link UNCLOS to wider anticolonial and worldmaking projects. Connecting analyses at multiple spatial and temporal scales, such histories also offer an empirically-grounded approach to the agency and structural constraints of Third World actors negotiating international legal orders, and illuminate international lawmaking as a promising site for global history.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":null,"pages":null},"PeriodicalIF":1.7,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139296783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0