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In this article we argue that the Anthropocene’s deepening socio-ecological crisis amplifies demands on, and exposes the deficiencies of, our ailing regulatory institutions, including that of international environmental law (iel). Many of the perceived failures of iel have been attributed to the anthropocentric, as opposed to the ecocentric, ontology of this body of law. As a result of its anthropocentric orientation and the resultant deficiencies, iel is unable to halt the type of human behaviour that is causing the Anthropocene, while it exacerbates environmental destruction, gender and class inequalities, growing inter- and intra-species hierarchies, human rights abuses, and socio-economic and ecological injustices. These are the same types of concerns that the recently proclaimed Sustainable Development Goals (sdgs) set out to address. The sdgs are, however, themselves anthropocentric; an unfortunate situation which reinforces the anthropocentrism of iel and vice versa. Considering the anthropocentric genesis of iel and the broader sdgs framework, this article sets out to argue that the anthropocentrism inherent in the ontological orientation of iel and the sdgs risks exacerbating Anthropocene-like events, and a more ecocentric orientation for both is urgently required to enable a more ecocentric rule of law to better mediate the human-environment interface in the Anthropocene. Our point of departure is that respect for ecological limits is the only way in which humankind, acting as principal global agents of care, will be able to ensure a sustainable future for human and non-human constituents of the Earth community. Correspondingly, the rule of law must also come to reflect such imperatives.
International environmental law (IEL) has been unable to respond effectively to the Anthropocene’s global socio-ecological crisis, which is critically existential and requires radical interventions and regulatory reform. This article explores the potential of the recent United Nations (UN)-backed initiative to adopt a Global Pact for the Environment as an opportunity to reform IEL. It does so by (i) reflecting on the Anthropocene’s demands for a constitutionalized form of IEL through the lens of global environmental constitutionalism; (ii) investigating the extent to which the Global Pact could contribute to such a vision; and (iii) suggesting ways in which to strengthen the constitutional potential of the Global Pact in this endeavour. To this end, the article revisits the World Charter for Nature of 1982, which seems to have slipped off the radar in academic as well as policy circles. A case is made for renewed support of the Charter – which already enjoys the backing of the majority of UN General Assembly member states, and which has constitutional qualities – to serve as a ‘best-practice’ example during the ensuing negotiation of the Global Pact.
Human rights are considered ethical demands that operate at an elevated juridical level. They have become popular legal constructs that contribute to the traditional instrumentalist and the more esoteric functions of law. While there is often considerable criticism leveled against human rights, as creatures of law and as legal mechanisms possessing unique characteristics, they are also uniquely situated and able to perform a singular mediating role in the human–environment interface. The recent mushrooming of rights to a healthy environment, environmental-related procedural rights and other substantive political and socio-economic rights bearing on environmental interests, is testimony to their increasing popularity. Yet, despite their prevalence in the environmental regulatory domain, the arrival of the Anthropocene is possibly set to require a complete rethink of the way in which we use human rights to mediate the human–environment interface. This is because the Anthropocene presents an urgent call for dramatic regulatory interventions of a kind hitherto unseen. Accepting the continuing prevalence of human rights as part of the environmental regulatory domain, this article argues that there is every reason to believe that their traditional role, nature, objectives and construction should change because of the Anthropocene. The article carries this argument by discussing the Anthropocene and its features that might influence conceptions of human rights and the environment as they are currently embedded in the social institutions of environmental law and governance. The argument then uses climate change as a useful explanatory context to identify and to understand the different types of rights issues that might arise in the Anthropocene. The next part of the discussion then takes stock of human rights in the environmental context by evaluating the way in which they currently mediate the human–environment interface. The article concludes with suggestions founding a re-imagination of the relationship between human rights and the environment in the Anthropocene.
The word Anthropocene describes a new geological epoch that follows the Holocene epoch. It is the signifier of the period in which people have a devastating and overwhelming impact on the earth and its systems. The Anthropocene also describes the new context in which we are going to have to consider how we should deal with the effects of global anthropogenic ecological change, including how we think about natural resources and energy security. This will require new perspectives on and reimagining orthodox social institutional constructs such as global environmental law and governance, among others, and their ability to successfully mediate the human-environment interface. This article reflects on how we will have to rethink global environmental law and governance as a result of the Anthropocene. It specifically attempts to identify a host of considerations that environmental lawyers, including those who focus on natural resources and energy law, will have to contemplate if global environmental law and governance were to respond better to the many challenges and complexities in the Anthropocene epoch. At a more general level, the article endeavours to introduce the Anthropocene into the environmental law and governance domain as a new discursive context that could hopefully assist in the appropriate future development of global environmental law and governance.