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Earth Law and Guardianship

Module description

The Anthropocene has overseen an era of exponential socioeconomic growth, and humans have emerged as the major beneficiaries of modern techno-industrial advances. As a consequence, planet earth has been subjected to the unencumbered degradation of its ecological systems.

This module will introduce you to the fundamental concepts of ‘Earth Law’, ‘Green Business’, and ‘Environmental Citizenship’. These core pillars will establish a framework through which we will examine the interplay between ecological harm and socioeconomic growth. You will seek to ascertain whether there is an ‘order of things’ able to offer greater balance, and enable nature and earth to thrive independently, without irradicating human growth and restricting the modern wants and needs of human society.

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, processes and source material and to be supported to do so.

Module aims - intentions of the module

This is a problem-solving module. It introduces you to present-day environmental challenges and their drivers and encourages them to consider the realistic solutions at our disposal. Using three core pillars, you will first be introduced to Earth law, a body of law and governance for protecting, restoring and stabilising, the functional interdependency of Earth’s life support systems at the local, bioregional, national and global level. Earth law may be expressed in constitutional, statutory, common law, and customary law, as well as in treaties and other public and private agreements. It also provides foundational principles and information on the rights of nature movement. Secondly, you will be introduced to the ideas of ‘Green Business’, a concept building upon some of the more established principles of ‘sustainable businesses, to give nature and earth more of a voice when it comes to commercial best practice. You will be introduced to ideas including ‘nature on the board’, net-zero, and a focus on conservation. Finally, you will engage in the ideas behind environmental stewardship and citizenship, to reflect upon how humans can be better eco-citizens and understand how day-to-day actions can have a bearing on planetary wellbeing. We will engage in case studies of indigenous communities and begin to analyse conceptions of how we can all live in harmony with planet earth to improve future outlooks for humans, for business and for nature. The module will conclude by considering what a more earth-centric, modern society might look like, and what the barriers are to achieving an equitable balance.

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 environmental law, environmental legal frameworks, principles of environmental law, earth law and rights of nature;
• Reading Week / Formative Assessment;
• Green Business, including sessions on and engagement with concepts of carbon neutrality, net-zero, nature on the board, Environmental, Social and Governance (ESG), green shareholders and green loans;
• Environmental Citizenship, including sessions on and engagement with concepts of environmental education, environmental participation, lifestyle approach, sustainability, common but differentiated responsibilities, and theories of citizenship including pluralism and neo-liberalism.

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• A.R. Zelle, et al., Earth Law: Emerging Ecocentric Law - A Guide for Practitioners (Aspen Publishing, New York, 2021).
• C. Stone, Should Trees Have Standing? Law Morality and the Environment (3^rd Ed. Oxford University Press, Oxford 2010).
• Y. Abdin, ‘Earthonomics: Balancing between Earth and Business' (2015) Earth Jurisprudence & Environmental Justice Journal 5, p47-77.
• C. Myers and J. J. Czarnezki, ‘Sustainable Business Law? The Key Role of Corporate Governance and Finance’ (2021) Environmental Law 51(4), pp. 991-1040.

Indicative learning resources - Web based and electronic resources

• ELE – College to provide hyperlink to appropriate pages

Key words search

Environmental, law, earth, sustainability, green, ecological, ecocentric, rights, nature, governance, business, corporate, commercial, citizenship.