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A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer

This Reflection starts from the ongoing COVID-19 pandemic as unprecedented occasio to reflect on the approach to international law, which—it is contended—is anthropocentric, and its inadequacy to respond to current challenges. In the first part, the Reflection argues that there is, more than ever, a...

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Autor principal: De Vido, Sara
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer International Publishing 2020
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7656097/
http://dx.doi.org/10.1007/s42439-020-00031-0
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author De Vido, Sara
author_facet De Vido, Sara
author_sort De Vido, Sara
collection PubMed
description This Reflection starts from the ongoing COVID-19 pandemic as unprecedented occasio to reflect on the approach to international law, which—it is contended—is anthropocentric, and its inadequacy to respond to current challenges. In the first part, the Reflection argues that there is, more than ever, an undeferrable need for a change of approach to international law toward ecocentrism, which puts the environment at the center and conceives the environment as us, including humans, non-human beings, and natural objects. To encourage the incorporation of ecocentrism in the entire discipline, the Reflection will rely on some insight of ecofeminism, whose potential has not been fully investigated in international legal scholarship. In the second part, the Reflection illustrates what an eco-centric international law would mean, imagining three possible applications: first, what the author has called environmental global health, which is connected to the current pandemic and puts into question the proposals dealing with global health that completely miss the theorization of the environment as a whole; second, how actors of international law would change according to an eco-centric perspective; and, third, how the rules prohibiting the use of force might be reconceptualized. The analysis contained in these pages cannot itself exhaust all the possible nuances of the legal reasoning, but it is aimed at being a provocative starting point for a change in the mindset and approach of international legal scholarship.
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spelling pubmed-76560972020-11-12 A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer De Vido, Sara Jus Cogens Reflection This Reflection starts from the ongoing COVID-19 pandemic as unprecedented occasio to reflect on the approach to international law, which—it is contended—is anthropocentric, and its inadequacy to respond to current challenges. In the first part, the Reflection argues that there is, more than ever, an undeferrable need for a change of approach to international law toward ecocentrism, which puts the environment at the center and conceives the environment as us, including humans, non-human beings, and natural objects. To encourage the incorporation of ecocentrism in the entire discipline, the Reflection will rely on some insight of ecofeminism, whose potential has not been fully investigated in international legal scholarship. In the second part, the Reflection illustrates what an eco-centric international law would mean, imagining three possible applications: first, what the author has called environmental global health, which is connected to the current pandemic and puts into question the proposals dealing with global health that completely miss the theorization of the environment as a whole; second, how actors of international law would change according to an eco-centric perspective; and, third, how the rules prohibiting the use of force might be reconceptualized. The analysis contained in these pages cannot itself exhaust all the possible nuances of the legal reasoning, but it is aimed at being a provocative starting point for a change in the mindset and approach of international legal scholarship. Springer International Publishing 2020-11-11 2021 /pmc/articles/PMC7656097/ http://dx.doi.org/10.1007/s42439-020-00031-0 Text en © The Author(s) 2020 https://creativecommons.org/licenses/by/4.0/Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ (https://creativecommons.org/licenses/by/4.0/) .
spellingShingle Reflection
De Vido, Sara
A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer
title A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer
title_full A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer
title_fullStr A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer
title_full_unstemmed A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer
title_short A Quest for an Eco-centric Approach to International Law: the COVID-19 Pandemic as Game Changer
title_sort quest for an eco-centric approach to international law: the covid-19 pandemic as game changer
topic Reflection
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7656097/
http://dx.doi.org/10.1007/s42439-020-00031-0
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