It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that a reframing of climate governance according to the Earth Jurisprudence approach is possible by changing the underlying principles and place of governance; expanding our conception of rights to cover natural systems; re-localizing governance; and lessening our reliance on markets, instead using the law to respect, rather than commodify, nature.
"Climate Regulation as if the Planet Matters: The Earth Jurisprudence approach to Climate Change,"
Environmental and Earth Law Journal (EELJ): Vol. 3
, Article 2.
Available at: http://lawpublications.barry.edu/ejejj/vol3/iss1/2