This article sketches a transdisciplinary theoretical framework for understanding the so-called Anthropocene in terms of global inequalities. The concept of the Anthropocene has several profound implications that challenge central aspects of the modern worldview. Its relation to issues of global justice requires a cataclysmic reconceptualization of conventional notions of development, economic growth, and technological progress. The article refers to the asymmetric global flows of resources that were a prerequisite to the British Industrial Revolution to illustrate how technological systems and so-called energy transitions are not just politically innocent revelations of nature, but thoroughly societal strategies of appropriation. Contemporary observations regarding environmental justice, climate justice, and energy justice can be theorized in terms of the modern inclination to think of the economy as detached from nature, and of technology as detached from world society.
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Edited by Louis J. Kotzé
Stephen C. McCaffrey, Christina Leb and Riley T. Denoon
Christina Voigt and Zen Makuch
Across the globe, environmental protection is in need of strong governance arrangements: arrangements that comprise effective environmental laws and regulations, a functioning administration and an independent judiciary. Courts, often perceived as the third pillar of power alongside the legislative and executive functions of the State, have an important role to play in defending, upholding and (for judicial activists) creating an environmental rule of law. At the same time, many courts and their judges face significant challenges in doing so effectively. This volume looks at the possibilities and limitations that courts and judges encounter in protecting the environment. Norms that seek to protect the environment, and the common values it represents, are widely dispersed. We find them in thousands of domestic laws and regulations; we find them in international and regional treaties and unwritten customary laws. Sometimes we do not find them at all.