{"title":"后人类国际法与自然权利","authors":"E. Jones","doi":"10.4337/jhre.2021.00.04","DOIUrl":null,"url":null,"abstract":"Both posthuman theory and the rights of nature (RoN) movement have the potential to challenge the anthropocentrism of international environmental law (IEL). Scholars have begun to document the transformative shifts that could occur through the application of posthuman legal theory to IEL, but these theories have yet to be applied to law in practice. On the other hand, RoN have been applied in domestic law but hardly in international law, while the question of what RoN includes and excludes remains contested.\n\nThis article brings posthuman theory and RoN together, reflecting on how posthuman legal theory can contribute to the framing of RoN, with a focus on challenging the anthropocentrism of IEL. The article argues, first, that the next step for posthuman legal theory will be its application to existing law. Noting convergences between posthuman legal theory and the rights of nature (RoN), the article contends that those seeking to apply posthuman legal theory might find some interesting alliances by turning to RoN. Second, it is argued that using posthuman theory to frame RoN could help to ensure that RoN live up to their transformative potential.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":" ","pages":""},"PeriodicalIF":3.0000,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":"{\"title\":\"Posthuman international law and the rights of nature\",\"authors\":\"E. Jones\",\"doi\":\"10.4337/jhre.2021.00.04\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Both posthuman theory and the rights of nature (RoN) movement have the potential to challenge the anthropocentrism of international environmental law (IEL). Scholars have begun to document the transformative shifts that could occur through the application of posthuman legal theory to IEL, but these theories have yet to be applied to law in practice. On the other hand, RoN have been applied in domestic law but hardly in international law, while the question of what RoN includes and excludes remains contested.\\n\\nThis article brings posthuman theory and RoN together, reflecting on how posthuman legal theory can contribute to the framing of RoN, with a focus on challenging the anthropocentrism of IEL. The article argues, first, that the next step for posthuman legal theory will be its application to existing law. Noting convergences between posthuman legal theory and the rights of nature (RoN), the article contends that those seeking to apply posthuman legal theory might find some interesting alliances by turning to RoN. Second, it is argued that using posthuman theory to frame RoN could help to ensure that RoN live up to their transformative potential.\",\"PeriodicalId\":43831,\"journal\":{\"name\":\"Journal of Human Rights and the Environment\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":3.0000,\"publicationDate\":\"2021-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Human Rights and the Environment\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4337/jhre.2021.00.04\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Human Rights and the Environment","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4337/jhre.2021.00.04","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Posthuman international law and the rights of nature
Both posthuman theory and the rights of nature (RoN) movement have the potential to challenge the anthropocentrism of international environmental law (IEL). Scholars have begun to document the transformative shifts that could occur through the application of posthuman legal theory to IEL, but these theories have yet to be applied to law in practice. On the other hand, RoN have been applied in domestic law but hardly in international law, while the question of what RoN includes and excludes remains contested.
This article brings posthuman theory and RoN together, reflecting on how posthuman legal theory can contribute to the framing of RoN, with a focus on challenging the anthropocentrism of IEL. The article argues, first, that the next step for posthuman legal theory will be its application to existing law. Noting convergences between posthuman legal theory and the rights of nature (RoN), the article contends that those seeking to apply posthuman legal theory might find some interesting alliances by turning to RoN. Second, it is argued that using posthuman theory to frame RoN could help to ensure that RoN live up to their transformative potential.
期刊介绍:
The relationship between human rights and the environment is fascinating, uneasy and increasingly urgent. This international journal provides a strategic academic forum for an extended interdisciplinary and multi-layered conversation that explores emergent possibilities, existing tensions, and multiple implications of entanglements between human and non-human forms of liveliness. We invite critical engagements on these themes, especially as refracted through human rights and environmental law, politics, policy-making and community level activisms.