Learn about cutting-edge Earth Law developments in journals from across the world! You can sort by topic, date, geography, and other categories.
Learn about cutting-edge Earth Law developments in journals from across the world!
2024
March 5, 2025
In the past few decades, due to the global environmental crisis humanity is facing, a sudden growth in environmental policies and sustainability strategies has been registered. This article discusses two of such policies, namely that of Gross National Happiness (GNH) in the Himalayan country of Bhutan and the inclusion of the concept of Buen Vivir (BV) in the Bolivian Constitution, through a critical analysis—based on political ecology approaches—of their implementation within state policy and their wider implications within the global discourse on the so-called “sustainable development” paradox. This paper highlights the role that the aforementioned policies might play in the path to decolonisation, seeing as how they draw inspiration from their own local contexts and values instead of those provided by the Global North, more specifically focusing on their ancestral and traditional knowledge to supposedly guide the countries’ policy-making process. Although several points of criticism are identified in both policies, innovativeness is detected in their potential to offer alternative views on human wellbeing, both for global southern and global northern contexts, as their original intent would be to remarkably operate outside of the Western framework of development based on Gross Domestic Product (GDP) and economic growth. GNH appears to be mostly oriented toward supporting political national budget discussion and allocation, while BV acts at a higher level (constitutional), thus also inspiring overall politics.
2023
March 5, 2025
With growing awareness of limits to growth, debates around sufficiency and degrowth rise to prominence. At the same time, we still witness a great divide between the global ‘north’ and the ‘south’ and innovation, or lack thereof, is oftentimes seen as vital determining factor. In this article we look at two alternative approaches to innovation that place equality and sustainability at centre stage. From a global north perspective, the concept of exnovation of unsustainable practices and technologies has been gaining prominence. Whereas a global south perspective, predominantly in South America, the concept of buen vivir calls for responsible and nature- inclusive approaches to innovation and development. This article presents a reflexive approach that analyses the two alternative pathways of innovation. This study is based on a qualitative review of recent research on these two concepts. We did identify the main characteristics of both concepts in relation to four dimensions within each concept a) Technological, b) Environmental, c) Economic, and d) Social). We contextualise this analysis within theoretical debates in the global North and South in order to better understand its development and historical context, with the aim of contributing to a better understanding of alternative concepts of innovation.
2023
March 5, 2025
While interaction and exchange between cultures is arguably increasing in our globalized world, sentiments reflecting division among cultures and ways of being in the world remain. In particular, the relevance of ideas,theory, and philosophy based on traditional "Western" values and a focus on the individual is often drawn into question for collectivist and community-centred cultures--and vice versa. This has implications foreducation, given that much of the education discourse and approaches based on Western traditions are affecting education system across the globe and across cultures. It is also of particular significance for the educational approach focusing on developing students' own "art of living." While undoubtedly significant fundamental differences exist between most cultures, this article aims to suggest that, nevertheless, synergies and connecting points exist between Schmid's philosophical concept of the "art of living"--which is based on so-called traditional Western philosophy--and the Latin American notion of "buen vivir" (good living)--which is based on the traditions and cultural worldview of Indigenous peoples of this subcontinent. While weacknowledge the vast differences in culture and the depths of the cultural divide, our comparative reviewindicates that connections can be drawn on fundamental ethical aspects of human co-existence. We argue thatthese connecting points suggest that Schmid's philosophy can be of relevance to non-Western cultural contexts,as much as Indigenous ways of knowing and being can be of relevance to those in the "Western" worldpursuing an art of living, which, consequently, indicates that an educational approach to the art of living canbe relevant to diverse cultural contexts beyond Western-centric settings.
2023
March 5, 2025
This article creates an inter-epistemic dialogue between degrowth and Buen Vivir/sumak kawsay, based on qualitative research conducted in Ecuador. It builds on degrowth scholarship that considers cultural change an integral part of sustainability transformations. The article envisions what that change could look like by evolving non-anthropocentric and de-individualised visions of sustainability transformations. It thereby significantly advances recently reignited debates around limits to growth and artificial scarcity. Buen Vivir/sumak kawsay is an Andean-Amazonian indigenous conceptualisation of Good Living. An engagement with the reciprocal practices, behaviours and rituals of its protagonists yields three lessons for the cultural politics of degrowth. First, cosmological limits to growth are normative constraints to harming the Living World and arise from relational ontologies that embed the human into the natural world. Second, the political economy of Buen Vivir/sumak kawsay produces affective abundance via reciprocity with the non-human world. This offers a de-individualised understanding of abundance for degrowth, beyond enjoyment and provision of universal basic services. In practice, these ideas can be enshrined through Rights of Nature, put forward here as a viable policy option because of its potential to impute relational worldviews into materialist understandings of nature. These pluriverse avenues can enact cultural change towards sustainability transformations.
2023
March 5, 2025
In 2008, the new and controversial political paradigm Buen Vivir (BV) was introduced in the Ecuadorian Constitution. The drafting of a new constitution was a presidential campaign promise, and the concept of BV became a central objective of the government’s development plan. To implement the principles of BV into state policies, the government launched an alternative economic system known as Social and Solidarity Economy (SSE). The objective of this study was to analyze how indigenous and non-indigenous people from the rural areas of the Ecuadorian highlands experienced BV and SSE at the community level. For this, face-to-face interviews and focus groups were used for data collection, and Thematic Analysis (TA) was chosen for the analysis. This study suggests a strong association between the implementation of governmental policies based on BV principles and a reduction in levels of poverty and inequality over the past decade. However, not everybody has perceived this transformation as progress, raising concerns about the role of the state as a provider and regulator.
2024
March 7, 2025
The realm of animal communication has been of interest to humans for millennia, not merely as a scientific curiosity but also as a profound inquiry into the nature of intelligence, social interaction, and the potential for interspecies understanding. The study of animal communication transcends mere observation; it offers a window into the complex social structures, emotional lives, and cognitive capabilities of nonhuman species. This fascination is deeply rooted in both human evolutionary history and the human quest to understand our place in the natural world. The intricate languages of birds, the alarm calls of primates, and the dance of bees are just a few examples that highlight the rich tapestry of nonhuman communication, each revealing unique aspects of life and survival in the animal kingdom.The significance of these communication systems extends beyond biological and ecological realms; it poses fundamental questions about consciousness, self-awareness, and the potential for emotional and cognitive experiences in nonhuman life forms. This understanding is crucial, not just for the advancement of scientific knowledge, but also for informing ethical and legal considerations regarding our treatment of other species. As we delve deeper into the complexities of animal communication, we are continually challenged to reassess our assumptions about intelligence, sentience, and the rights that arise from these capacities. The study of animal communication, therefore, represents a critical intersection of various disciplines—biology, ecology, ethology, psychology, and (increasingly) law and ethics. Understanding how animals communicate is not just an academic endeavor. Rather, it has profound implications for conservation efforts, animal welfare policies, and the broader discourse on animal rights. It forces us to confront the moral and legal status of nonhuman beings and challenges the anthropocentric view that has long dominated human thought and legal systems.
2023
March 5, 2025
Notions of development have been used to justify and promote globally certain visions about how to attain wellbeing and progress. In this chapter, I offer an historical analysis of hegemonic development discourses in education and the alternatives that have recently been promoted by organisations such as UNESCO and the OECD. My argument is that these attempts to change hegemonic conceptions of human development are set within a logic of finding development alternatives. They construe the challenges that humanity and the planet are facing as problems that can be addressed with adjustments to current dominant views of human development. As an alternative to development, I discuss the notion of el buen vivir, derived from indigenous South American world views. It is a philosophy of life based on the values of reciprocity and solidarity that challenges the stark Western ontological distinctions between the self, the community, and the environment.
2023
March 5, 2025
Disaster capitalism and shock doctrine have come to the fore in Ecuador after the 2016 earthquake and 2022 economic crisis and national strike. In opposition to the form of shock doctrine these two disasters highlight are theological anthropologies and praxis of religious alternatives to care and rebuilding. A disrupted research trip explores the competing visions of development, governance, and flourishing between the International Monetary Fund’s presence in Ecuador with shock doctrine and local economic collectives’ and the national solidarity movement’s liberative pastoral responses through Buen Vivir, an indigenous praxis of interdependence. The formation of democratic economic collectives and the validation of solidarity in large-scale national strikes demonstrate the power of pastoral theological responses holding to an expansive vision of Buen Vivir and theological anthropologies insisting on interdependent practices of care, justice, and liturgy to bring about fundamental shifts to our understanding of good living and subjectivity of all living things.
2024
March 7, 2025
The culling of animals that are infected, or suspected to be infected, with COVID-19 has fuelled outcry. What might have contributed to the ongoing debates and discussions about animal rights protection amid global health crises is the lack of a unified understanding and internationally agreed-upon definition of “One Health”. The term One Health is often utilised to describe the imperative to protect the health of humans, animals, and plants, along with the overarching ecosystem in an increasingly connected and globalized world. However, to date, there is a dearth of research on how to balance public health decisions that could impact all key stakeholders under the umbrella of One Health, particularly in contexts where human suffering has been immense. To shed light on the issue, this paper discusses whether One Health means “human-centred connected health” in a largely human-dominated planet, particularly amid crises like COVID-19. The insights of this study could help policymakers make more informed decisions that could effectively and efficiently protect human health while balancing the health and well-being of the rest of the inhabitants of our shared planet Earth.
2023
June 6, 2024
This judgment is set in 2060, in an Australia that has been scarred and changed by decades of devastating climate change impacts, including drought, famine, and disease. A new legal system has been created – one which is led and shaped by the First Peoples of the continent and characterised by the Relationist Ethos and bioregional governance and law. The judgment demonstrates what decision-making could look like within this context, where the onus of proof is reversed for commercial developments. Instead of today's pro-development State planning laws, which see local people having to fight for a voice in the decision-making processes, proponents of commercial proposals must prove to Indigenous Elders and local Peoples that they comply with the Relationist Ethos, and are of benefit to Country and people.
2024
March 7, 2025
Everyday millions of nonhumans and thousands of humans endure solitary confinement. Captive animals held in solitary confinement similarly spend much of their lives locked into tiny spaces, isolated, and deprived of the types of interactions and environment essential to their wellbeing. Human prisoners are confined for twenty-two to twenty-four hours a day for weeks, months, or even years on end in cells the size of a parking space. In human and nonhuman settings, the agony of solitary is chillingly alike and harmful. And, in neither setting is it justifiable or necessary. This Article examines the moral, penological and scientific shortcomings of solitary confinement across species. Part I describes how solitary confinement is used in human and nonhuman settings and shows the deep wounds that it inflicts in both. Part II examines why the legal structures under which solitary confinement is imposed (on humans and nonhumans) offer inadequate protections from its depredations. Part III argues that incarcerated beings have no legal protections because they are powerless and invisible. In Part IV, the author with expertise in prison law (Mushlin) describes how solitary confinement would end in penal facilities if prisoners were empowered and their rights protected. Next, the author with expertise in animal law (Cassuto) explains why solitary confinement for animals in zoos, aquariums and laboratories should and could be abolished. The authors conclude with a call to empower creatures subjected to solitary confinement. If all vulnerable beings are adequately protected, the unnecessary suffering inflicted by solitary confinement can finally end.
2024
March 7, 2025
In the context of India, a country with a rich tapestry of cultural, religious, and philosophical traditions that advocate for non-violence and compassion towards all living beings, the discourse on human rights versus animal rights takes on unique dimensions. This abstract explores the dichotomy between human rights and animal rights in the Indian context, drawing upon landmark judgments and constitutional provisions.India’s Constitution provides for fundamental human rights, including freedom of religion, speech, and movement within and outside the country. However, the discourse on animal rights is gaining momentum. The Indian Constitution and various legislations such as the Prevention of Cruelty to Animals Act of 1960 and the Wildlife Protection Act of 1972 provide for the protection of animals.Despite these provisions, animals in India are often subjected to cruelty and exploitation. This raises questions about the universality of rights and the need for a global declaration on animal rights. The Animal Welfare Board of India v. Nagaraja and Others case in 2014 was a landmark judgment where the Hon’ble Supreme Court of India held that animals also possess honour and dignity. Also, in the of N.R. Nair v. Union of India ; The Kerala High Court, shattered the walls between humans and non-humans and considered granting fundamental rights to animals as well and highlighted that legal rights should be extended beyond people and should not remain in the exclusive domain of human beings.This abstract argues that recognizing animal rights at a universal level would not only serve animals better but also complement human rights. It suggests that an international body like the United Nations or World Health Organization should work towards a universal declaration on animal rights.The denial of animal rights often reflects in the disregard for human rights. Therefore, acknowledging animal rights could potentially reinforce respect for human rights. The international legal order is flexible enough to accommodate non-human personhood, as demonstrated by the evolution of human rights.The abstract concludes by emphasizing that animal rights should be universalized to be effective in a globalized setting. It draws parallels with the historical experience with international human rights to show how objections like cultural imperialism can be overcome.