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1 - Locating Nature

Making and Unmaking International Law

from Part I - Locating Nature in International Law

Published online by Cambridge University Press:  22 September 2022

Usha Natarajan
Affiliation:
Columbia University, New York
Julia Dehm
Affiliation:
La Trobe University, Victoria
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Summary

This chapter contends that international law is structured in ways that systemically reinforce ecological harm. Through exploring the cultural milieu from which international environmental law emerged, we argue it produced an impoverished understanding of nature incapable of responding adequately to ecological crises. Many of international law’s basic concepts, such as sovereignty, jurisdiction, territory, development and human rights, have evolved in trajectories unsuited to perceiving or respecting ecological limits. International law treats nature as a resource for wealth generation and environmental degradation as an economic externality to be managed through special regimes. This chapter traces the coevolution of such assumptions about nature alongside formative disciplinary concepts, arguing that such understandings have been central to making international law, and that the discipline helps universalise and normalise them. Thus, to engage with environmental challenges, disciplinary tenets would have to evolve in directions that radically transform the nature of law.

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Locating Nature
Making and Unmaking International Law
, pp. 21 - 44
Publisher: Cambridge University Press
Print publication year: 2022

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