The purpose of this contribution is to analyse climate change litigation in an innovative way, considering it as an example of “privatisation” of international law, and unravelling the “ecological” side of conflict-of-laws climate change litigation. The paper will first explain the concept of privatisation of law as applied to international law and what it means in the context of climate change litigation, before moving to a landmark case, whose appeal is still pending in front of a domestic court in Europe: (...) Milieudefensie et al. v. Royal Dutch Shell plc. The focus of the analysis of the cases will be limited to the use of the conflict-of-laws mechanism present in the Rome II Regulation, namely Article 7. The paper critically assesses the principle of ubiquity included in this provision, by looking at the concept of “event giving rise to the damage” as applied in CO2 reduction claims in the existing legal scholarship and using an underexplored ecofeminist perspective. Inspired by the work “A relational feminist approach to conflict of laws” by Roxana Banu (2017), the paper argues for a relational understanding of the concept of “event” and goes further to consider in an ecofeminist perspective the environment as composed of human, non-human beings and natural objects, and of their relations with each other. The article is meant to be a starting point for further research, which for the first time applies ecofeminist theories to private international law. (shrink)

In this article we argue that sustainable development is not a socio-ecologically friendly principle. The principle, which is deeply embedded in environmental law, policymaking and governance, drives environmentally destructive neoliberal economic growth that exploits and degrades the vulnerable living order. Despite seemingly well-meaning intentions behind the emergence of sustainable development, it almost invariably facilitates exploitative economic development activities that exacerbate systemic inequalities and injustices without noticeably protecting all life forms in the Anthropocene. We conclude the article by examining an attempt (...) to construct alternatives to sustainable development through the indigenous onto-epistemology of buen vivir. While no panacea, buen vivir is a worldview that offers the potential to critically rethink how environmental law could re-orientate away from its ‘centered’, gendered and anthropocentric, neoliberal sustainable development ontology, to a radically different ontology that embraces ecologically sustainable ways of seeing, being, knowing and caring. (shrink)

The article seeks to highlight the relation between ontology and communication while considering the role of AI in society and environment. Bioinformationalism is the technical term that foregrounds this relationality. The study reveals instructive consequences for philosophy of technology in general and AI in particular. The first section introduces the bioinformational approach to AI, focusing on three critical features of the current AI debate: ontology of information, property-based vs. relational AI, and ontology vs. constitution of AI. When applied to the (...) themes of relationality and non-anthropocentric communications, bioinformational insights highlight an inclusive and meaningful groundwork for understanding AI by ‘relating’ it with society and the environment through an engagement with the ongoing critique of human supremacy. In the second section, we move from ‘relating’ AI to ‘rewilding’ AI by proposing taxonomical classification for certain technological entities. We situate our proposal in the broader personhood debate with the proposal of taxonomical ranking. In the last section, we show an instance of a relational approach steeped in substantialist ontology by introducing the fourth feature of the AI debate. A broad critique of Floridi’s philosophy of information introduces this fourth feature from the domain of philosophy and sociology to address various theoretical and ecological problems with current relational accounts. In doing so, we argue for ‘communication’ to be the replacement of ‘information’ as the moral unit. A bioinformational understanding of AI advocates taking ontological commitments seriously at all levels of informational and technological processes and products. (shrink)

Recent algorithmic technologies have challenged law’s anthropocentric assumptions. In this article, we develop a set of theoretical tools drawn from new materialisms and the philosophy of information to unravel the complex intra-actions between law and computer code. Accordingly, we first propose a framework for understanding the enmeshing of law and code based on a diffractive reading of Barad’s agential realism and Simondon’s theory of information. We argue that once law and code are understood as material entities that intra-act through in-formation, (...) the concept of transduction allows us to trace how they push each other towards change. After developing the theoretical tools, we deploy them to make sense of how law and code have changed in response to increasing automation of decision-making and the appearance of unexplainable artificial intelligence (AI) code. Thus, we employ a case study to trace transformations of the right to explanation under the European data protection regulations. This provides the backdrop for our account of how law transduces into code (and vice versa) and a proving ground for our framework. (shrink)

Much work in care ethics and disability studies is concerned with the flourishing of human animals as an independent species. As a result, it focuses on how the built environments and the social structures that produce them restrict and exclude us. This paper addresses this problem and provides tentative first steps towards sketching an account of ethics that is structured around the interdependent nature of human and more than human life. I argue that our embodied existence places us in a (...) shared condition of vulnerability with all forms of life on earth. This allows us to conceive of caring as an essential condition of the sustainability and well-being of social and ecological life systems. To this end, I discuss the notion of anthropocentrism – and the attendant notion of Anthropocene – and argue that the conception of human animality that underwrites it posits a disembodied and homogenous ‘anthropos’ that is equally responsible for and equally affected by unsustainable social systems. Further, I examine the debate that opposes realist and constructivist accounts of nature, and I argue that it is inadequate to look at nature through the lenses of the predatory social systems that are responsible for ecological injustices in the first place. (shrink)

This article examines how the so-called disembodied criminal subject is given structure and form through the law of homicide and assault. By analysing how the body is materialised through the criminal law’s enactment of death and injury, this article suggests that the biological positioning of these harms of violence as uncontroversial, natural, and universal conditions of being ‘human’ cannot fully appreciate what makes violence wrongful for us, as embodied entities. Absent a theory of the body, and a consideration of corporeality, (...) the criminal law risks marginalising, or altogether eliding, experiences of violence that do not align with its paradigmatic vision of what bodies can and must do when suffering its effects. Here I consider how the bionic body disrupts the criminal law’s understanding of human violence by being a body that is both organic and inorganic, and capable of experiencing and performing violence in unexpected ways. I propose that a criminal law that is more receptive to the changing, technologically mediated conditions of human existence would be one that takes the corporeal dimensions of violence more seriously and, as an extension of this, adopts an embodied, embedded, and relational understanding of human vulnerability to violence. (shrink)

This paper discusses corporate entanglement, impactfulness and responsibility in the Anthropocene, amidst events and conditions that ‘uncontain’ time. It takes its direction of travel from artist Brian Jungen’s ‘Cetology’ (2002), a whalebone sculpture made out of cut-up plastic garden chairs, which conjoins the times of earth and world history, as it hangs in the air of the art gallery, ‘as if’ exhibited in the natural history museum. The paper relates ‘Cetology’s’ engagement with natural history, time, and commodification to matters of (...) corporate entanglement and responsibility within company law and governance. Problems with understanding the comparable imprint of large and multinational companies on matters, places, and communities are identified, after the domination of corporate legal frameworks over nature and the stability and perfection of economic incentives at law. The reading of this (critical-legal) situation is developed through theory and engagement with materialist and critical thinkers, who unite in their concern with distributed human–nature relations and the ‘concreteness’ that attends collisions in time, ruin and affect. Walter Benjamin and Theodor Adorno’s writings are central to this analysis, and strengthen the commentary on ‘natural history’ themes curated by Jungen. The paper contemplates how times’ uncontainment might invoke a change in expectation and method for the company law field, assigning contingency to the corporation and provoking a new mode of reflection about corporate entanglement and responsibility at law. (shrink)

Agency and representation are viewed as preconditions for democratic action. The dominant understanding of agency and representation is defined in terms of certain capacities and abilities that are considered to constitute the basis of personhood. The article will put into question this understanding and the assumptions that underpin it and argue that it rests on a mistaken conception of human animality – one that reduces the self to an autonomous and disembodied rational mind. The article will also suggest that it (...) is problematic because it marginalizes more than human forms of life – as well as those of us who are differently human – and excludes their points of view from the political processes of world making. In contrast, I will put forward an understanding of agency and representation that is attuned to the relational dimensions of all life on earth. By paying attention to the semiotic propensities that all forms of life share – which entails considering nonlinguistic forms of communication – this article responds to the need for more radically democratic ways of listening, giving voice, and caring for the earth’s beings and the relations that form the conditions for life to flourish. (shrink)

This reflection contrasts the dominant imaginary underlying ‘lawofthe Anthropocene’ with an imaginary reaching towards ‘law/sforthe Anthropocene’. It does so primarily by contrasting two imaginaries of human embodiment—law’s existing imaginary of quasi-disembodiment and an alternative imaginary of embodiment as co-woven with the lively incipiencies and tendencies of matter. It draws on ‘transcorporeality’ and ‘sympoiesis’ as inspiration for ‘sympoietic normativities’ as ways of co-living and co-organizing in the face of the catastrophic implications of the Anthropocene emergency.

The aim of this article is to introduce the concept of dissensus as an important perspective for making current organizational discourses of environmental sustainability more radically democratic. It presents the Anthropocene as a force for social naturalization—one that paradoxically acknowledges humanity’s role in negatively impacting the environment while restricting their agency to address this problem to those compatible with a market ideology. Radical democratic theories of agonism help to denaturalize the relation of organizations to the environment yet risk reproducing values (...) of anthropocentrism and patriarchy in doing so. Dissensus, by contrast, emphasizes the need to ‘redistribute the sensible’, treating organizations as a space for continually denaturalizing and renaturalizing our socio-material relation with the world. Yet it also puts forward a radically democratic political ethics demanding that firms ecologically preserve the environment to allow for positive dissensus while internally resisting institutional power structures that naturalize these organizational environments. This paper, thus, seeks to show the significance of dissensus for enhancing radical democracy both in regards to discourses of environmental sustainability specifically and more generally within organizations. (shrink)

The Anthropocene prompts renewed critical reflection on some of the central tenets of modern thought including narratives of ‘progress’, the privileging of the nation state, and the universalist rendering of the human. In this context it is striking that ‘rights’, a quintessentially modern mode of articulating normativity, are often presumed to have an enduring relevance in the contemporary moment, exemplified in renewed recourse to rights in their attribution to parts of the nonhuman world. Our intervention contemplates ways in which the (...) apparent disorientations of the Anthropocene might allow for a generative reorientation of some of these presuppositions. We critically consider the institutional and discursive limitations of rights and the ambivalence of rights language, and argue that the monism that rights so often implies limits the capacity to foster generative encounters between Indigenous and non-Indigenous legal traditions. We develop a critical discourse of obligation, understood here to both precede and exceed the rights-duty correlate so central to modern law. An attentiveness to the priority of obligation, we argue, might allow us to foreground an ethics of encounter between traditions, to examine the limits of modernity’s legal and political imaginary, and to pursue a ‘radical re-storying’ of laws for the Anthropocene. (shrink)

Científicos del sistema Tierra han demostrado que el planeta es un sistema adaptativo-complejo y que algunos procesos naturales ya no operan en condiciones seguras para preservar la vida. Destaca que poco se ha hecho por explorar las implicaciones en la arena jurídica para responder ante los retos que estas condiciones presuponen para la vida humana y para nuestra supervivencia como especie. Aquí se sostiene que, para mantener el buen funcionamiento planetario, se requiere de una articulación efectiva entre el razonamiento jurídico, (...) su argumentación y la ciencia del sistema Tierra. Al hacer una exploración de la literatura jurídica y del sistema Tierra, este artículo tiene como objetivo exponer el primer esfuerzo sobre cómo debería adaptarse el razonamiento jurídico y su argumentación a un enfoque del sistema Tierra, utilizando para ello diferentes casos de estudio, resoluciones y tesis jurisprudenciales. Al hacerlo, se exhibe la necesidad de erradicar concepciones erróneas subyacentes al antropocentrismo jurídico, para ajustar la interpretación y aplicación del derecho a realidades ecológicas científicamente más precisas. (shrink)

The rise of the idea of the Anthropocene is promoting multiple reflections on its meaning. As we consider entering this new geological epoch, we realize the pervasiveness of humankind’s deconstruction and reconstruction of the Earth, in both geophysical and discursive terms. As the body of the Earth is marked and reshaped, so is its idea. From a hostile territory to be subjugated and exploited through sovereign commands, the Earth is now reframed as a vulnerable domain in need of protection. The (...) mode of sovereignty, which has accompanied human and legal history and practice during modernity and its project of mastery, is no longer useful. Humanity’s control of the Earth is being reimagined and reconfigured along biopolitical coordinates of thought and action. Biopolitics shifts the focus of power, changes its modalities of interventions, and rearticulates its legitimacy on the idea of taking responsibility for the Earth, for nature. A biopolitical re-orientation of law captures the fundamental aim of caring for nature, of fostering its vital possibilities and of enhancing its productive potential. Yet, biopolitics engulfs nature in its entirety under its framework of control, where protection and subjugation, vulnerability and productivity, life and death are constantly entangled in a reciprocal and inevitable relation of indistinguishability. Sovereignty becomes thus a key modality of biopolitical intervention, when nature is recalcitrant, wild, spontaneous, unpredictable, violent, dangerous. Biopolitics, thus, remains caught in an undecidable dilemma, where in order to protect the Earth, it must subjugate it; to save it, it must condemn it. In this respect, biopolitics remains utterly modern, or as argued by Roberto Esposito, modernity has always been biopolitical, insofar as modernity has emerged as a framework for the protection of life against life’s own excesses. But how can we escape the biopolitical reframing and enframing of the Earth and its total subsumption under its matrix of control? How can we rethink the encounter between law and nature without remaining entangled in the aporetic dilemma of biopolitics? An aesthetics of wonder may offer a way. (shrink)

This Reflection starts from the ongoing COVID-19 pandemic as unprecedented occasio to reflect on the approach to international law, which—it is contended—is anthropocentric, and its inadequacy to respond to current challenges. In the first part, the Reflection argues that there is, more than ever, an undeferrable need for a change of approach to international law toward ecocentrism, which puts the environment at the center and conceives the environment as us, including humans, non-human beings, and natural objects. To encourage the incorporation (...) of ecocentrism in the entire discipline, the Reflection will rely on some insight of ecofeminism, whose potential has not been fully investigated in international legal scholarship. In the second part, the Reflection illustrates what an eco-centric international law would mean, imagining three possible applications: first, what the author has called environmental global health, which is connected to the current pandemic and puts into question the proposals dealing with global health that completely miss the theorization of the environment as a whole; second, how actors of international law would change according to an eco-centric perspective; and, third, how the rules prohibiting the use of force might be reconceptualized. The analysis contained in these pages cannot itself exhaust all the possible nuances of the legal reasoning, but it is aimed at being a provocative starting point for a change in the mindset and approach of international legal scholarship. (shrink)

This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful in their analysis (...) and find new ways of resistance. While noting that we live in dangerous times, this is also a hopeful discussion. (shrink)

The Anthropocene has been observed as an opportunity to generate new legal imaginaries capable of revising incumbent assumptions of legal and political thought. What opportunities do such ambitions afford for communication between geological and legal thought? Responding to Birrell & Matthews attempt to ‘re-story a lawfor, rather thanof, the Anthropocene,’ I wish to describe some ways in which the Anthropocene Working Group, who are pursuing formalisation of the Anthropocene as an official geological unit, are involved in a similar exercise of (...) re-storying geology. The Anthropocene theme is brought to bear as a geological reality through material practices of measurement and correlation, as well as through the invocation of previous judgements of the evaluative committees associated with the formalisation of new geological unit. This effort amounts to a redefinition of the practices of geological observation, i.e. what counts as geologically relevant and why. In keeping with the theme of an ‘ethics of encounter’, as encouraged by Birrell and Matthews, this article suggests that the AWG’s effort provides a model with which the elaboration of ‘laws for the Anthropocene’ might correspond. (shrink)