Anthropocene is the proposed name for the new geological epoch in which humans have overwhelming impact on planetary processes. This edited volume invites reflection on the meaning and role of law in light of changing planetary realties. Taking the concept of the Anthropocene as a starting point, the contributions to this book address emerging legal issues from a transnational environmental law perspective. How law interacts with, and how law governs, global environmental problems is a challenge that legal scholars have approached with vigour over the last decade.
More recently, the concept of the Anthropocene has become a topic that researchers have also begun to grapple with by engaging with disciplines beyond legal scholarship. One avenue of research that has emerged to address global environmental problems is transnational environmental law. Adopting ‘transnational law’ as a lens or framework through which to analyse environmental law takes a broader approach to the ways in which law may be assessed and deployed to meet planetary challenges. The chapters within this book provide a timely intervention into the theoretical and practical approaches of transnational environmental law in a time of significant uncertainty and environmental and human crises.
The chapters in this book were originally published as a special issue of Transnational Legal Theory.
Introduction: Transnational environmental law in the Anthropocene
Emily Webster and Laura Mai
1. Two layers of self-regulation
J. E. Viñuales
2. Ecological law in the Anthropocene
Peter D Burdon
3. Environmental trusteeship and state sovereignty: can they be reconciled?
4. Restoration and cooperation for flourishing socio-ecological landscapes
5. Earth system law for the Anthropocene: rethinking environmental law alongside the Earth system metaphor
Louis J. Kotzé
6. (Transnational) law for the Anthropocene: revisiting Jessup’s move from ‘what?’ to ‘how?’
7. Urgent agenda: how climate litigation builds transnational narratives
8. Litigation and regulatory governance in the age of the Anthropocene: the case of fracking in the Karoo
Melanie Murcott and Emily Webster
9. The myth of mermaids and stewardship of the seas
10. To the Anthropocene and beyond: the responsibility of law in decimating and protecting marine life
Pierre Cloutier de Repentigny
11. Regimes of waste (im)perceptibility in the life cycle of metal
Tina Beigi and Michael Hennessy Picard