Sean M. Kammer & Sarah E. Christopherson –   It has been over half a century since Kenneth Boulding introduced the metaphor of the Earth as a “spaceship.” In his compelling analogy he argued that, due to increasing human demands, the Earth was becoming more like a spaceship carrying limited supplies (and limited capacity to receive pollution) than an open prairie spreading endlessly to the horizon.  In what he called the “cowboy economy,” “consumption is regarded as a good thing and production likewise,” with the economy’s success being measured solely “by the amount of the throughput from the ‘factors of production.’”  Boulding pointed out that a portion of this throughput is necessarily “extracted from the reservoirs of raw materials and noneconomic objects” and that another part consists of “output into the reservoirs of pollution.”  In the “spaceman economy,” in contrast, “throughput is by no means a desideratum, and is indeed […]

Reserving a Place for Nature on Spaceship Earth: Rethinking the Role of Conservation Easements

Gwendolyn J. Gordon – Parks are people too, my friend.  So quipped an August 2016 headline making reference at once to Mitt Romney’s flip commentary on corporations and to recent developments in New Zealand law enabling landscapes to be named as legal persons—that is, as entities possessing juridical rights akin to those of corporations.  In the wake of this and other developments of the concept, legal personhood has struck observers as a promising tool for protecting nature—an idea overdue given the now seemingly unexceptional nature of corporate personhood in protecting corporate rights.  Far from being the settled, stolid doctrine that its long tenure might have it appear to be, however, corporate personhood is quicksilver; it seems an endlessly adaptable concept.  How might we come to understand the environment as a similarly flexible rights-holder in a way that is robustly protective of environmental interests?  This Article argues that, as an example […]

Environmental Personhood

Emily Hush – It is no secret that the planet is warming and that humans have had something to do with it.  Over the last one hundred and fifty years, the global average concentration of carbon dioxide in the Earth’s atmosphere has increased to unprecedented levels and continues to rise.  As the climate becomes warmer, the world will face ocean acidification, sea level rise, decreasing biodiversity, and more extreme weather events. At the end of the twentieth century, many nations recognized that climate change is a global phenomenon requiring cooperative action, and began to seek international solutions to prevent disastrous warming and to mitigate unavoidable impacts.  Sustainable development is central to this international response to climate change.  International agreements like the United Nations Framework on Climate Change and the Paris Agreement are indispensable to furthering sustainable development worldwide.  However, the complexity of such large multilateral agreements presents a barrier to […]

Where No Man Has Gone Before: The Future of Sustainable Development in the Comprehensive Economic ...

Alessandra Mistura – The publication of a Policy Paper on Case Selection and Prioritization (the “Policy Paper”) by the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) in September 2016 has reignited the longstanding discussion about the status of environmental crimes under international law.  The Policy Paper expressed the intention of the OTP to consider, in the selection of crimes to be submitted to the jurisdiction of the ICC, those committed through, or resulting in, “the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.”  Such wording soon gained widespread attention, prompting many news outlets to declare that, from now on, the ICC would focus on prosecuting “environmental crimes.”  The news sources’ enthusiasm, however, appears misplaced for several reasons. The first and foremost objection comes from a consideration of the ICC’s limited jurisdiction.  In fact, this is strictly confined by […]

Is There Space for Environmental Crimes Under International Criminal Law? The Impact of the Office ...