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Part II Analytical Approaches, Ch.14 Earth Jurisprudence

Cormac Cullinan

From: The Oxford Handbook of International Environmental Law (2nd Edition)

Edited By: Lavanya Rajamani, Jacqueline Peel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 November 2021

Subject(s):
Human rights — Natural resources

This chapter assesses Earth jurisprudence, which is a philosophical approach to legal and governance systems at every level, rather than a theory of international environmental law. It refers to philosophies of law and governance which seek to guide humans to behave in ways that contribute to the integrity, healthy functioning, beauty, and ongoing evolution of the community of life known as ‘Earth’. This approach seeks to promote the flourishing of the Earth community and a ‘mutually enhancing human-Earth relationship’, rather than its subjugation and exploitation by humankind. The chapter explains the worldview that informs Earth jurisprudence, before looking at the essential concepts and principles that make this approach so distinctive. It then tracks the emergence of Earth jurisprudence and the rights of Nature/Mother Earth within the international sphere, and evaluates how this approach may affect the development of international law.

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