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.
Dr. Emily Jones, Senior Lecturer in Law at the University of Essex, published a new article in the Journal of Human Rights and the Environment which 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, the article argues that using posthuman theory to frame RoN could help to ensure that RoN live up to their transformative potential.
Article full citation: Jones, E. (2021). Posthuman international law and the rights of nature, Journal of Human Rights and the Environment, 12(0), 76-101. DOI: https://doi.org/10.4337/jhre.2021.00.04. A copy can be accessed through the publisher’s website here or requested through the University’s research repository here.