Literature Review

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!

Journal
Uniting Ecocentric and Animal Ethics: Combining Non-Anthropocentric Approaches in Conservation and the Care of Domestic Animals

Helen Kopnina, Joe Gray, William Lynn, Anja Heister & Raghav Srivastava

2022

March 7, 2025

Currently, there is no non-anthropocentric guide to the practice of nature conservation and the treatment of invasive species and domestic animals. In examining the so-called ‘ecocentric’ and ‘animal’ ethics, we highlight some differences between them, and argue that the basic aspiration for support of all nonhuman life needs to be retained. We maintain that hierarchies of value need to be flexible, establishing basic principles and then weighing up the options in the context of anthropocentrism, industrial development and human population growth. Acknowledging the role of these conditions creates space for combining individual-based and collective-based ethics in practice.

Animal / Species Rights
Indigenous Earth Law
Journal
Four years after Tahlequah's journey, the legal and ethical debates over orca protection continue to evolve

Sarah DeWeerdt

2022

March 7, 2025

In reshaping the human understanding of killer whales and other wild species, Tahlequah was, in a sense, simply carrying on a family tradition. Jason Colby, a historian at the University of Victoria who spoke at the conference calls the southern residents probably the most influential cetaceans in human history.” For the past 60 years, he said, they have helped reframe cultural values, environmental politics, and scientific practices in the Salish Sea and beyond.”

Indigenous Earth Law
Journal
Should the Ocean Have Legal Rights?

Tracy Keeling

2022

March 7, 2025

Granting the ocean legal rights would be a step toward “a more ecocentric value system,” Crespo says, “which is still upheld by innumerous coastal and Indigenous peoples across the ocean. These communities recognize the intrinsic right that the ocean and its many species and features have to exist and be protected.”

Rights of Nature
Indigenous Earth Law
Journal
The Ecosystem Approach between Ecocentrism and Anthropocentrism

Vito De Lucia

2014

March 7, 2025

The question I address in this article is whether and to which extent the ecosystem approach is a manifestation of an ecocentric turn in international environmental law; or whether the new language of ecosystems remains contained within a legal ordering still expression of more outdated ontologies of humanity and nature. I first explore the structural ambiguities implicated by both ecology and the concept of ecosystem; then I explore ecocentric and anthropocentric articulations of the ecosystem approach; and finally, I try to assess which articulation prevails in selected areas of international environmental law.

Indigenous Earth Law
Journal
Ecocentric Living: A Way Forward Towards Zero Carbon: A Conversation about Indigenous Law and Leadership Based on Custodianship and Praxis

Janet J. McIntyre-Mills, Mphatheleni Makaulule, Patricia Lethole, E. Pitsoane, Akwasi Arko-Achemfuor, Rudolf Wirawan & Ida Widianingsih

2022

March 7, 2025

This paper reflects on leadership shown in Venda, Southern Africa to protect the lungs of the planet and draws out key themes on the way Indigenous wisdom — underpinned by a sense of the sacred and the profane – expressed in solidarity with nature - are vital for protecting forests. It explores indigenous wisdom on their kinship with organic and inorganic sacred totems (plants, animals and features of the landscape) which are protected through relationships that inform governance. The ongoing community of practice and related projects make a case for standing together to address climate change.

Indigenous Earth Law
Journal
The anthropocentric approach in International Environmental Law

A. CAFÀ

2021

March 7, 2025

According to Kotzé & French, the Stockholm Conference has represented “a catalyst” in the development of present International Environmental Law (IEL).(2) The authors argue that the Declaration is profoundly embedded in a “masculinist ontology of anthropocentrism”,(3) and that underlying theory, or ethos, of the Conference was that the environment, belonging exclusively to humans, had to be protected solely for ensuring their well-being, prosperity and health.

Indigenous Earth Law
Journal
Ecocentric Education: Student Reflections on Anthropocentrism–Ecocentrism Continuum and Justice

Helena Kopnina

2019

March 7, 2025

This article discusses liberal arts college students’ perceptions of environmental and ecological justice. Complementing emerging studies of education that tackles human–environment relationships, this article discusses student assignments related to the debates in social/environmental and ecological justice written as part of the course ‘Environment and Development’. Student assignments are analysed with the aim of gauging their view on the environment and society, identifying reasoning patterns about the anthropocentrism–ecocentrism continuum. In conclusion, this article distills recommendations for the design of a university curriculum that can facilitate the development of a non-anthropocentric worldview.

Indigenous Earth Law
Journal
How Native Tribes Are Taking the Lead on Planning for Climate Change

Nicole Jones

2020

March 7, 2025

With their deep ties to the land and reliance on fishing, hunting, and gathering, indigenous tribes are especially vulnerable to the impacts of climate change. Now, native communities across North America are stepping up to adopt climate action plans to protect their way of life.

Indigenous Earth Law
Journal
The Path to Legal Personhood for Rivers

Bryan Stacy

2022

March 7, 2025

The Rights of Rivers organization has suggested to government officials across the globe to adopt the Universal Declaration on the Rights of Rivers, which guarantees rivers a number of fundamental rights: (1) the right to flow; (2) the right to exercise essential functions within its ecosystem; (3) the right to be free from pollution; (4) the right to feed and be fed by sustainable aquifers; (5) the right to native biodiversity; and several others.

Rights of Nature
Indigenous Earth Law
Journal
Ecocentrism: 10 Examples And Easy Definition

Chris Drew (PhD)

2023

March 7, 2025

Ecocentrism is an ethical worldview that recognizes the inherent value of all lifeforms and ecosystems themselves which are in turn to be considered morally (Washington, Taylor, Kopnina, Cryer, & Piccolo, 2017). It breaks from anthropocentrism, which places humans at the top of a value hierarchy, and instead proposes a more holistic worldview. Similarly, it goes further than biocentrism (which sees all living things as having moral value) because it attempts to look at the balance of ecosystems as a whole as a key aim.Examples of ecocentrism include Janism, a religion that embraces an ecocentric worldview, and deep concern for the climate change crisis based on a belief that it is upending the balance of the world ecosystem.

Indigenous Earth Law
Journal
Stop Burying the Lede: The Essential Role of Indigenous Law(s) in Creating Rights of Nature

Erin O'Donnell, Anne Poelina, Alessandro Pelizzon, and Cristy Clark

2020

International

November 26, 2025

In this article, O'Donnell, Poelina, Pelizzon, and Clark acknowledge and explore the essential role of Indigenous ideologies in shaping the Rights of Nature. While recognition of Rights of Nature paradigms has increased in recent years, many trailblazing cases have been hindered by limited enforcement. The authors argue that analyzing Indigenous influences upon ecological jurisprudence will enhance the implementation of Rights of Nature in a global context. They begin by describing the historical origins of ecocentric law, noting the development of its two distinct forms: ‘existence rights’ and ‘legal personality’. To analyze the efficacy of current policy responses, the authors compare five recent cases of rivers and lakes in different countries that have received legal rights, including the Whanganui River in New Zealand and Lake Erie in the United States. They observe that cases with higher Indigenous engagement with colonial legal institutions result in more strategic, sustainable transformations that successfully reconcile the divide between Nature and culture. Finally, the authors discuss the case of the Mardoowarra/Martuwara/Fitzroy River in Australia, where Traditional Owners who act as legal guardians for the River play an active role in protecting the River’s right to life.

Rights of Nature
Indigenous Earth Law
Journal
Rights of Nature, Legal Personality, and Indigenous Philosophies

Tanasescu, Mihnea

2020

March 7, 2025

This article investigates the relationship between legal personality for nature and indigenous philosophies by comparing two cases: the Ecuadorian Constitution of 2008 and the 2014 Te Urewera Act of Aotearoa, New Zealand. Through these case studies, the article considers the nature of indigenous relations with the concept of rights of nature, arguing that this relation is primarily strategic, not genealogical. The article engages with the concept of legal personality and shows that it is not a direct translation of indigenous conceptions, but rather a potential straitjacket for indigenous emancipatory politics. The radical character of indigenous ontologies is not fully reflected in the concept of legal personality. Furthermore, the way in which rights are granted to the natural environment is an important part of the effect such rights might have on indigenous communities. Despite some affinities between rights of the environment and indigenous philosophies, overstating the connection might constrain the radical political and legal implications of indigenous thought.

Rights of Nature
Indigenous Earth Law