ResponsAbility challenges conventional thinking about our governance and legal frameworks. The cross-currents of persisting, established worldviews, knowledge systems, institutions, law and forms of governance are now at odds with future-facing innovations designed to help societies transition to both low-carbon economies and social equity. This book explores the ways in which we can move to new governance and legal structures that more effectively reflect our changed relationship with the Earth in the Anthropocene.
The book is written by a group of eminent scholars and leading experts from a diverse range of backgrounds, all of whom bring new knowledge and analysis from across oceanic and continental regions. Many are from the discipline of law, whilst others bring expertise on indigenous knowledge, climate, water, governance and philosophy to engage with law. Contributors include His Highness Tui Atua Tupua Tamasese Ta’isi Efi, Head of State of Samoa, Judge Sir E. Taikakurei Durie, Dame Anne Salmond, Pierre Calame and Adrian Macey. A number of scenarios are presented throughout the book for the realignment of global and local law to institutionalise responsibility for social, environmental and earth-centered equity.
"Observing that social movements often play an important role as fore-runners for commonly accepted principles of justice, this boundary breaking book asks the difficult question of how to engender responsibility in society and in law to live sustainably and well on our shared planet.
Drawing on legal jurisprudence and philosophy from indigenous and western traditions, the book explores new concepts such as instilling legal rights and personality to rivers or other entities of nature. The book recognizes the imperative role that the private sector holds as the primary generator of economic activity, thus driving jobs, poverty reduction and government income streams, but notes that given its heavy environmental footprint, a "duty of care" emerges for the private sector. The book explores how to reconcile and combine the health of our economies with societal and planetary health.
As a species, humans have reached the point where our actions are impacting the very sustainability of the planet – –our one and only home. IUCN has long championed the concept of the rights of nature. This book explores this notion and further expands that with such rights comes a human responsibility of caring for the earth. The book concludes that by challenging the existing set of social practices and the rules that those practices reflect, social movements, almost by definition are engaged in a form of law making. For the sustainability of the planet as we know it, informed social engagement is therefore critical."
Inger Anderson, Director General, International Union for Conservation of Nature, Switzerland
"As the state of the Earth gets more dire, many are grappling for new ideas and approaches in the quest for fresh solutions. This volume is one trove of such alternatives. Take ‘responsibility’ for example. If you try and google it you will most probably get no hit. Or at best an error message directing you to "responsibility." That briefly sums up how refreshing this volume is, written by various experts and practitioners on the subject from the western, eastern and indigenous perspectives. It throws light on the issues of law and governance. More so in the context for living well with Mother Earth aligned to the Paris Agreement of 2015 and the Sustainable Development Goals 2016-2030. .
It brings the discussion to the next level on trusteeship and legal personhood for nature. And raises new challenges "to find law which recognizes and supports interdependencies, with the relationships between the different parts of society, and between human and non-human forms of life" - it includes the need for ecocentric law. New challenges include redefining existing relationship and paradigms ?to give greater meaning and relevance in the search for a sustainable future. There is no doubt that this timely volume is tour de force meant for those are serious in translating the "future that we want" into reality.
ResponsAbility: Law and Governance for Living Well with the Earth is addressed to law and governance and it goes beyond the confines of state interests and opens the horizon of law in the interests of the planet."
Prof. Dzulkifli Abdul Razak, Immediate Past President, International Association of Universities
"This unique collection of essays is grounded in a common vision shared by both Indigenous and non-Indigenous scholars, drawing upon their different experiences and worldviews, that shine a light on the necessity for embracing global approaches to govern our remaining natural resources and minimize the devastation being generated by climate change as much as possible for the survival of humanity. While using law as the best means to foster such change is a common element, the key importance of this book is its focus on exploring the ethic of shared responsibility and relationships among communities as the building block for social action."
Bradford W. Morse, Dean and Professor of Law, Thompson Rivers University, Canada
About the authors
Foreword (Justice Antonio Herman Bejamin)
Introduction (Betsan Martin)
Chapter 1. Ngā Pou Rāhui: Responsable Laws for Water and Climate (Betsan Martin)
Chapter 2. Reclaiming the Global Commons: Towards Earth Trusteeship (Klaus Bosselmann)
Chapter 3. Responsibility, State and International Law (Pierre Calame)
Chapter 4. Public Responsibility: A Fundamental Concept Reflected Throughout the Ages; Where did we lose the plot? (Gay Morgan)
Chapter 5. Confronting the Insupportable: Resources of the Law of Responsibility (Alain Supoit)
Chapter 6. Responsibility and the Transformative Role of Law (Neetu Sharma)
Chapter 7. The Principle of Responsibility in the Global Response to Climate Change: Origins and Evolution (Adrian Macey)
Chapter 8. An Ethic of Responsibility in Samoan Customary Law (His Highness Tui Atua Tupua Tamasese Ta’isi Efi)
Chapter 9. Indigenous Law and Responsible Water Governance (Hon Sir Edward Taihākurei Durie KNZM)
Chapter 10. Governance of Water Based on Responsible Use – An elegant solution? (Linda Te Aho)
Chapter 11. Reflecting on Landscapes of Obligation, their Making and Tacit Constitutionalisation: freshwater claims, proprietorship and ‘stewardship’ (Mark Hickford)
Chapter 12. Rivers As Ancestors And Other Realities: Governance Of Waterways In Aotearoa / New Zealand (Anne Salmond)
Chapter 13. The Power & Potential of the Public Trust: Insight from Hawaiʻi’s Water Battles and Triumphs (Kapua Sproat and Mahina Tuteur)
Chapter 14. From Rights to Responsibilities using Legal Personhood and Guardianship for Rivers (Catherine Iorns Magallanes)
Chapter 15. Making Law (Gerald Torres)