Earth Law and Guardianship
| Module title | Earth Law and Guardianship |
|---|---|
| Module code | LAWM185C |
| Academic year | 2025/6 |
| Credits | 15 |
| Module staff | Mr Tom Baycock (Convenor) Dr Misan Afinotan (Convenor) Dr Swastee Ranjan (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 25 |
|---|
Module description
This module introduces you to the concept of “Earth Law”. It seeks to address the impact caused by a range of human induced activities such as rapid industrialisation, deforestation, ocean acidification among others by pushing the boundaries of environmental law from a “human centric” view to a more “ecological view”. An ecological view seeks to focus on holistic eco systems which privileges human nature interdependencies as well as emphasise on human inclusive ecological integrity.
This module discusses Earth law by engaging with different substantive legal approaches that seeks to implement it. Chief among these is a focus on the recognition of codifying ecological rights through various legal instruments such as rights of nature, the role of just transitions, impact of international treaties and governing bodies among others.
This is a fundamentally legal module, and whilst no previous experience of legal study is needed as a prerequisite, students should expect to engage in legal language and processes and source materials.
Module aims - intentions of the module
This is an inquiry led, research -inspired module. It aims to introduce you to concepts surrounding “Earth Law”, particularly in shifting the focus from approaches that privileges the “human” as species to approaches that are ecological in nature.
These concepts include various aspects of law, its processes, and institutions. It aims to familiarize you with statutory legislation, regulatory instruments, legislative processes, institutions, firms and organisations that influence the making and implementing of “earth law”.
This module also aims to introduce various approaches found within law to the study of earth systems including international law, legal pluralism with respect to indigenous rights movements, socio-legal approaches as well as critical analytical thinking.
You will also learn about identifying gaps in the present legal frameworks and offer alternatives that both addresses the damages caused by human actions as well as address questions of equity, dispossession and marginalisation.
The workshop in the module is designed to provide you with in depth knowledge of the concepts, challenges and ways of thinking alternatives.
There are two assessments in the module, which both tests your knowledge of the field as well as contribute to your legal awareness, legal problem-solving, oral and written communication.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Analyse the independencies and interconnections between the key module concepts
- 2. Demonstrate a detailed understanding of the various legal frameworks through which Earth Law can be expressed.
- 3. Evaluate the challenges of integrating conceptions of Earth Law into modern societies and economies.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. Engage in complex legal problems and respond to them appropriately.
- 5. Analyse complex legal materials to deliver well-supported arguments.
- 6. Approach arguments with an appreciation for different perspectives and diversity in opinions to reach well balanced conclusions.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 7. Utilise a wide range of sources, including primary and secondary legal authorities, reports and studies, peer-reviewed articles, and other related sources.
- 8. Convey concepts, ideas and arguments effectively using effective written communication skills.
- 9. Convey concepts, ideas and arguments effectively using effective oral communication skills.
Syllabus plan
While the module’s precise content may vary year on year, it is anticipated that it will cover the following themes:
-
Earth Law and Governance, including sessions on and engagement with the concepts of ecological law, Anthropocene and constitutions, rights of nature and the role of social movements in addressing law.
-
International Law, Crimes against environment, role of institutions like IPCC, Paris agreements, COPs
-
Just transitions, the concept of “wild law” and resilience justice.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 19 | 121 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching activity | 9 | 6 x lecturer-led 1.5-hour lectures |
| Scheduled learning and teaching activity | 10 | 5 x 2 peer and lecture-led seminars and workshop |
| Scheduled learning and teaching activity | 50 | Assigned reading to prepare before workshop |
| Guided independent study | 20 | Presentation and abstract preparation |
| Guided independent study | 51 | Essay preparation |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 70 | 0 | 30 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Individual presentation with submission of 250 word abstract | 30 | Presentation time: 8 minutes + 250 word (max) submission | 4,5,6,7,8,9 | Written feedback with option for further discussion during office hours. |
| Essay related to the implementation of earth law | 70 | 2,500-word assignment | 1,2,3,4,5,7,8 | Written feedback with option for further discussion during office hours. |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Presentation with abstract (700 word equivalent + 250 word abstract) | Presentation with abstract (700 word equivalent + 250 word abstract) | 4,5,6,7,8,9 | Reassessment Period |
| Essay related to the implementation of earth law (2500 words) | Essay related to the implementation of earth law (2500 words) | 1,2,3,4,5,7,8 | Reassessment Period |
Re-assessment notes
Deferral – if you miss an assessment for certificated reasons judged acceptable by the Mitigation Committee, you will normally be either deferred in the assessment or an extension may be granted. The mark given for a re-assessment taken as a result of deferral will not be capped and will be treated as it would be if it were your first attempt at the assessment.
Referral – if you have failed the module overall (i.e. a final overall module mark of less than 50%) you will be required to redo the assessment(s) as defined above. If you are successful on referral, your overall module mark will be capped at 50%.
Indicative learning resources - Basic reading
- Arnold CA, Gosnell H, Benson MH, Craig RK. Cross-interdisciplinary insights into adaptive governance and resilience. Ecology and Society. 2017 Dec 1;22(4).
- Burdon PD. Earth jurisprudence: Private property and the environment. Routledge; 2014 Sep 19.
- Cullinan C. Wild law: A manifesto for earth justice. Bloomsbury Publishing; 2011 Aug 30.
- Kim RE. Taming Gaia 2.0: Earth system law in the ruptured Anthropocene. The Anthropocene Review. 2022 Dec;9(3):411-24.
- Kotzé LJ, Kim RE. Earth system law: The juridical dimensions of earth system governance. Earth System Governance. 2019 Jan 1;1:100003.
- Kotzé LJ. Rethinking global environmental law and governance in the Anthropocene. Journal of Energy & Natural Resources Law. 2014 May 1;32(2):121-56.
- Kotzé LJ, Adelman S. Environmental law and the unsustainability of sustainable development: a tale of disenchantment and of hope. Law and critique. 2023 Jul;34(2):227-48.Murray J. Earth jurisprudence, wild law, emergent law: The emerging field of ecology and law—Part 1. Liverpool law review. 2014 Dec;35:215-31.
- Murray J. Earth jurisprudence, wild law, emergent law: The emerging field of ecology and law—Part 2. Liverpool Law Review. 2015 Aug;36:105-22.
- Petersmann MC. Sympoietic thinking and earth system law: the earth, its subjects and the law. Earth System Governance. 2021 Sep 1;9:100114.
- Rogers N, Maloney M, editors. Law as if earth really mattered: the wild law judgment project. Taylor & Francis; 2017 Apr 21.
- Stone CD. Should trees have standing?: law, morality, and the environment. Oxford University Press; 2010 Apr 7.
- Zelle AR, Wilson G, Adam R, Greene HF. Earth Law: Emerging Ecocentric Law--A Guide for Practitioners. Aspen Publishing; 2020 Sep 18.
Indicative learning resources - Web based and electronic resources
- ELE – College to provide hyperlink to appropriate pages
| Credit value | 15 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None – though engagement in the law and legal processes will be beneficial. |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 01/05/2023 |
| Last revision date | 01/05/2023 |
