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10 - Three Enclosures of International Law

Commoning Premises, Processes and Aims

from Part III - Alternatives and Remakings

Published online by Cambridge University Press:  22 September 2022

By
Darina Petrova  and
Tomaso Ferrando
Edited by
Usha Natarajan  and
Julia Dehm
Usha Natarajan
Affiliation:
Columbia University, New York
Julia Dehm
Affiliation:
La Trobe University, Victoria
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Summary

The climate emergency is strengthening the understanding that humans, non-humans and the planet are intrinsically interconnected. International law has both participated in the creation of the paradigm that has led to these entangled socio-ecological problems and has proven to be inadequate for their remediation. This article argues that, through the multiple enclosure of natures, knowledges and times, international law imposes a vision of the world that is incompatible with the conception and functioning of the interconnected web of life. In light of this, we suggest that the political notion of commoning could offer useful intellectual opportunities for engagement with and a radical rethinking of international law as an element of ecological systems. By not treating natures, times and knowledges as objects of law, commoning opens an intellectual and confrontational space to rethink the premises, processes and aims of international law.

Keywords

international lawcommonscommoningpropertynatureknowledgetimepolitical ecologyenvironment
Type
Chapter
Information
Locating Nature
Making and Unmaking International Law
 , pp. 255 - 283
Publisher: Cambridge University Press
Print publication year: 2022

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