The Ecology of Justice: Reconstructing Environmental Law for the Anthropocene
- Happy Okundaye Oji, LLB, BL, LLM
- DOI: 10.5281/zenodo.20785427
- ISA Journal of Arts, Humanities and Social Sciences (ISAJAHSS)
The
accelerating climate crisis, unprecedented biodiversity loss, ecosystem
degradation, and increasing environmental vulnerability have exposed
fundamental limitations within contemporary environmental law. Although
environmental law has evolved significantly over the past half-century, much of
its normative structure remains grounded in assumptions developed during an era
in which ecological stability was largely taken for granted. Existing legal
frameworks continue to prioritise regulatory control, resource management, and
human-centred conceptions of environmental protection. While these approaches
have contributed to important environmental achievements, they increasingly
struggle to respond to the complex ecological realities of the Anthropocene.
This
article argues that the challenges of the Anthropocene require more than
stronger environmental regulations or improved governance mechanisms. They
require a fundamental reconstruction of environmental law itself. Central to
this reconstruction is the concept of the Ecology of Justice, a jurisprudential
framework that understands justice as emerging from the relationships that
connect human societies, ecological systems, future generations, and the
broader community of life. Rather than treating environmental protection as an
extension of human interests, the Ecology of Justice recognises ecological
integrity as a foundational condition of justice itself.
Drawing
upon climate justice scholarship, ecological jurisprudence, environmental
ethics, Earth system governance, intergenerational justice theory, and
contemporary developments in international environmental law, this article
examines the inadequacy of anthropocentric legal frameworks in addressing
planetary ecological crises. It develops an alternative normative approach
grounded in ecological interdependence, relational responsibility, stewardship,
and long-term environmental sustainability. The article contends that
environmental law must evolve from a system primarily concerned with regulating
environmental harm into one capable of sustaining the ecological relationships
upon which collective wellbeing depends.
Ultimately, the article argues that the future of environmental law lies not in managing environmental decline but in reimagining law itself as a mechanism for maintaining ecological justice in an era of planetary change. The Ecology of Justice provides a framework through which environmental law may become more responsive to the realities of the Anthropocene and more capable of securing a just and sustainable future for present and future generations.