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Archive for Australian Earth Laws Alliance

Earth Law Updates – May 11, 2016

From Tom Brenan, Gaia Foundation

Here’s the latest Earth law update:

  • The fifteenth session of the United Nations Permanent Forum on Indigenous Issues is currently taking place in New York, from 9th to 20th In its ‘Proud to be Indigenous’ weeks, Cultural Survival is aiming to create a storm of online activity to enable the voices of those who are unable to attend the meeting in New York to be heard.
  • The Land Rights Now alliance, a global initiative to secure indigenous and community land rights, was launched in March and already has more than 400 organisations and communities participating. Currently it is estimated that only 10% of lands held collectively are formally recognised as owned or managed by indigenous peoples and local communities. The initiative aims to double this area of land by 2020.
  • Grant Township in Pennsylvania, USA, has passed a law legalising direct action to prevent the fracking wastewater injection wells within the township. The law permits non-violent direct action to enforce the provisions of the Grant Township Community Bill of Rights Ordinance which established rights to clean air and water, the right to local community self-government and the rights of Nature. The proposed well would be a violation of those rights.
  • The Australian Earth Laws Alliance will be holding an evening seminar with a facilitated discussion ‘Exploring Earth Laws, Earth Democracy and the Rights of Nature’ on 20th This is aimed at deepening understanding and enabling support for individual and collective activity.

 

Earth law update – April 27, 2016

From Tom Brenan, Gaia Foundation

Here is the latest update on Earth law developments:

  • The United Nations (UN) Harmony with Nature Programme has launched its Knowledge Network, an online platform which will host a series of inter-disciplinary dialogues between practitioners, academics and researchers about Earth Jurisprudence and how we can move away from a human-centred worldview and establish an Earth-centred relationship with the planet. As mentioned in earlier updates, this follows a report and a UN resolution last year to initiate a virtual dialogue to inspire citizens and societies to reconsider how they interact with the natural world in order to implement the Sustainable Development Goals on Harmony with Nature.
  • Speaking at a meeting in New York with UN Secretary-General Ban Ki-moon, inviting world leaders to Habitat III (the third UN Conference on Sustainable Urban Development) to be held in Quito, Ecuador in October, Ecuadorian President Rafael Correa said that Habitat III ‘must seek to guarantee the right to city, to public services, to basic services, to sustainable development that respects the rights of Nature’. Highlighting that Ecuador is the only country in the world with a constitution recognising the rights of Nature, he emphasised the hope that the New Urban Agenda (the outcome document from Habitat III) reflects the Ecuadorian concept of ‘buen vivir’ or ‘living well’, an indigenous concept adopted as the country’s guiding principle for sustainable development.
  • The Rights and Resources Initiative has launched a new report analysing countries’ Intended Nationally Determined Contributions (INDCs) to reducing greenhouse gas emissions submitted in advance of the Paris Agreement. The report finds that only 11% of countries which submitted plans made clear commitments to tenure security for Indigenous Peoples and local communities, failing to recognise that by preventing changes in land use and land cover Indigenous Peoples and local communities play a crucial role in helping to reduce greenhouse gases.
  • The Australian Earth Laws Alliance has issued an invitation to participate in ‘Building the new economy: activism, enterprise and social change’ a conference being held with the University of New South Wales, in Sydney on 16th and 17th August 2016. The conference will tease out connections between movements and ask a series of questions such as: ‘How can we reimagine work, exchange, money, care, law and our relationship with the natural world through the prism of a new economy?’.

Earth law update – April 14, 2016

From Tom Brenan, Gaia Foundation

Here are some recent Earth law developments:

  • The Women’s Earth and Climate Action Network (WECAN) are to hold a two-hour webinar on ‘Rights of Nature: Protecting and Defending the Places We Live’ on 27th The training will explore the concept and use of Rights of Nature as a means of ushering in a legal, social, political and economic framework based on the laws of the Earth.
  • The Earth Law Center and partners in the Bay Area Rights of Nature Alliance will be holding a Rights of Nature Tribunal in Antioch, California on 30th The Tribunal will be modelled on the successful International Tribunal for the Rights of Nature held in Paris in December 2015 during COP21 and will address violations of the San Francisco Bay Delta Area’s right to exist, thrive and evolve in light of diversions of the necessary flows from the Delta. It will also consider violations of the rights of Delta communities to self-governance for healthy water solutions.
  • The Australian Earth Laws Alliance will be holding a Rights of Nature Tribunal in Brisbane on 22nd October, following its two-day conference. The Tribunal will hear cases concerning the destruction of ecosystems and the wider Earth community in Australia and will make recommendations for law reform and restorative action.
  • Not really Earth law as such, but interesting nonetheless – the Royal Canadian Mint has issued a new Mother Earth and Water coin highlighting that we are all dependent on Mother Earth and the water she provides.

Earth law update – March 24, 2016

From Tom Brenan, Gaia Foundation

Here are some recent Earth law developments:

  • The Australian Earth Laws Alliance (AELA) has issued a call for papers in preparation for its conference on 20th and 21st October 2016, ‘The future of Australian environmental law: politics, reform and community activism’. Individual papers and panels are welcome on a wide range of themes exploring future environmental law and governance in Australia. The closing date for submission of abstracts to AELA is 1st June 2016.
  • Residents in Barrington, New Hampshire, USA, have voted to adopt a Community Bill of Rights which asserts their right to clean air and water and local community self-government. The ordinance bans corporate gravel extraction and water withdrawal. It also recognizes the Rights of Nature, such that “ecosystems possess rights to exist, flourish, and naturally evolve” and “residents of the town shall possess legal standing to enforce those rights on behalf of those ecosystems.” The Community Environmental Legal Defense Fund has been working with residents to advance community rights since 2006.
  • In the wake of COP21 in Paris, Vanda Shiva has suggested a Pact for the Earth as a manifesto for sustainability. The pledge starts with seeing and cherishing the soil as a living entity whose survival is essential to our own and goes on to recognise that we are all members of the Earth community, in which all species, peoples and cultures have intrinsic worth and rights to sustenance.
  • Back in November 2014, the Indigenous Peoples’ and Community Conserved Territories and Areas (ICCA) Consortium co-organised a main Stream of events at the World Parks Congress in Sydney (Australia).  This was the Stream on Enhancing Diversity, Quality and Vitality of Governance which took years to prepare and drew together the experience, knowledge, energy, engagement and creativity of several hundred people.  Three 20 minute films are now available which are designed to take viewers on a journey of exploration of “the complex, sensitive and sometimes confusing and disturbing phenomenon called ‘governance of protected and conserved areas’”.

Responding to the Great Work: The Role of Earth Jurisprudence and Wild Law in the 21st Century

By Dr. Michelle Maloney* and Sister Patricia Siemen**
ENVIRONMENTAL AND EARTH LAW JOURNAL, Barry University Dwayne O. Andreas School of Law, Vol. 5 (2015) > Iss. 1

I. Introduction

Despite a proliferation of environmental law in the United Statesand around the world, the health of the natural world continues todeteriorate. In this paper, we will build on the idea that what we need is not more environmental law, but different approaches to managing human relationships with the Earth. We will argue that the burgeoning Earth jurisprudence movement offers a deep philosophical anchor and a range of practical and multi-disciplinary approaches necessary to create law reform and societal change that will better support the natural world and human societies than our current system. We will also suggest that one of the greatest strengths of Earth jurisprudence is its ability to combine a rational critique of some of our oldest western, legal, and governance structures, with a less rational and more emotive call to return to a sacred appreciation of the Earth and the wider Earth Community.

In Section II, we will outline the origins and key elements of the Earth jurisprudence movement and will demonstrate the ways that Earth jurisprudence can be used to offer a cohesive framework within which law, politics, science, economics, ethics, traditional wisdom and human spirituality can be woven together to create a more effective governance approach to nurturing the Earth. In Section III, we will explore some of the ways groups inspired by Earth laws have implemented their work.

Next, we will provide an overview of the work being carried out by the Global Alliance for the Rights of Nature, an international network of lawyers and Earth Advocates. Finally, we will focus on the work of the Center for Earth Jurisprudence (CEJ) and the Australian Earth Laws Alliance (AELA) as further examples of the innovative approaches being carried out by advocates for Earth jurisprudence.

*Dr. Michelle Maloney is National Convenor of the Australian Earth Laws Alliance (www.earthlaws.org.au) and was a Visiting Scholar and Earth Laws Specialist at the Center for Earth Jurisprudence (www.EarthJuris.org) at the time of writing this paper. She can be contacted at: convenor@earthlaws.org.au

**Sister Pat Siemen OP, JD, is the Director of the Center for Earth Jurisprudence at Barry University School of Law (www.EarthJuris.org).

Download article …

Responding to the Great Work: The Role of Earth Jurisprudence and Wild Law in the 21st Century

Abstract

In this lead article, the authors build on the idea that we do not need more environmental law in response to the deteriorating health of the natural world. Rather, they argue that what is needed are different approaches to managing human relationships with the earth. They argue that the burgeoning Earth jurisprudence movement offers a deep philosophical anchor and a range of practical and multi-disciplinary approaches necessary to create law reform and societal change that will better support the natural world and human societies than our current system. The authors will outline the origins and key elements of the Earth jurisprudence movement. In addition, they explore some of the ways groups inspired by Earth laws have implemented their work. Lastly, they will provide an overview of the work being carried out by the Global Alliance for the Rights of Nature, the Earth Advocates, the Center for Earth Jurisprudence, and the Australian Earth Laws Alliance.

Recommended Citation

Maloney, Dr. Michelle and Siemen, Sister Pat OP, JD (2015) “Responding to the Great Work: The Role of Earth Jurisprudence and Wild Law in the 21st Century,” Environmental and Earth Law Journal (EELJ): Vol. 5: Iss.

Finally Being Heard: The Great Barrier Reef and the International Rights of Nature Tribunal

By Michelle Maloney, PhD, Australian Earth Laws Alliance

In January 2014, the newly created International Tribunal for the Rights of Nature and Mother Earth (‘the Tribunal’) sat for the first time in Quito, Ecuador. The Tribunal, created by international civil society network ‘The Global Alliance for the Rights of Nature’, admitted nine cases, including a claim on behalf of the Great Barrier Reef. Given the Tribunal has emerged from civil society rather than state-centred international law and given Australia’s legal system does not recognise the intrinsic rights of plants, animals, or ecosystems to exist, what possible benefit does this Tribunal offer the Great Barrier Reef? In this paper, I outline the creation and ongoing hearings of the International Tribunal and suggest that like many “people’s tribunals” before it, the Rights of Nature Tribunal offers a powerful alternative narrative to that offered by western legal systems regarding environmental destruction. It is also has the potential to play a role in transforming existing law and offers a welcome, cathartic contribution to the burgeoning field of Earth jurisprudence.

Great Barrier Reef Australian turtle

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Finally Being Heard: The Great Barrier Reef and the International Rights of Nature Tribunal is published in the Griffith Journal of Law & Human Dignity Vol 3 (1) 2015, Griffth University, Queensland, Australia.  In the article, Michelle Maloney defines Earth jurisprudence and the Rights of Nature and situates the International Rights of Nature Tribunal within the work of the Global Alliance for the Rights of Nature and the broader context of the ecological crisis. She outlines the Great Barrier Reef case, which the Australian Earth Laws Alliance (‘AELA’) took to the International Tribunal in Quito and progressed in October 2014, by convening a Regional Chamber of the International Tribunal in Australia.

She argues that like many “people’s tribunals” before it, the Rights of Nature Tribunal offers a powerful alternative narrative to that currently offered by the mainstream legal system regarding environmental destruction. It is also pregnant with the promise of transforming existing law and offers a welcome, cathartic contribution to the burgeoning field of Earth jurisprudence.

Read the full article at Finally Being Heard: The Great Barrier Reef and the International Rights of Nature Tribunal.

*Michelle Maloney is the National Convenor of the Australian Earth Laws Alliance and is also currently working at the Center for Earth Jurisprudence, Barry University Law School, Florida USA. She can be contacted on convenor@earthlaws.org.au.