Literature Review

Learn about cutting-edge Earth Law developments in journals from across the world! You can sort by topic, date, geography, and other categories.

Learn about cutting-edge Earth Law developments in journals from across the world!

Journal
Traditional Knowledge in the Approach to Sustainability: Making Sense of Bhutanese Gross National Happiness and Buen Vivir in Bolivian Constitution
International

Silvio Cristiano

2024

June 6, 2024

In the past few decades, due to the global environmental crisis humanity is facing, a sudden growth in environmental policies and sustainability strategies has been registered. This article discusses two of such policies, namely that of Gross National Happiness (GNH) in the Himalayan country of Bhutan and the inclusion of the concept of Buen Vivir (BV) in the Bolivian Constitution, through a critical analysis—based on political ecology approaches—of their implementation within state policy and their wider implications within the global discourse on the so-called “sustainable development” paradox. This paper highlights the role that the aforementioned policies might play in the path to decolonisation, seeing as how they draw inspiration from their own local contexts and values instead of those provided by the Global North, more specifically focusing on their ancestral and traditional knowledge to supposedly guide the countries’ policy-making process. Although several points of criticism are identified in both policies, innovativeness is detected in their potential to offer alternative views on human wellbeing, both for global southern and global northern contexts, as their original intent would be to remarkably operate outside of the Western framework of development based on Gross Domestic Product (GDP) and economic growth. GNH appears to be mostly oriented toward supporting political national budget discussion and allocation, while BV acts at a higher level (constitutional), thus also inspiring overall politics.

Buen Vivir
Journal
Reimagining Innovation Pathways: Exnovation and Buen Vivir as Global North-South Dialogues
International

Karina Maldonado-Mariscala and Rick Hölsgens

2023

June 6, 2024

With growing awareness of limits to growth, debates around sufficiency and degrowth rise to prominence. At the same time, we still witness a great divide between the global ‘north’ and the ‘south’ and innovation, or lack thereof, is oftentimes seen as vital determining factor. In this article we look at two alternative approaches to innovation that place equality and sustainability at centre stage. From a global north perspective, the concept of exnovation of unsustainable practices and technologies has been gaining prominence. Whereas a global south perspective, predominantly in South America, the concept of buen vivir calls for responsible and nature- inclusive approaches to innovation and development. This article presents a reflexive approach that analyses the two alternative pathways of innovation. This study is based on a qualitative review of recent research on these two concepts. We did identify the main characteristics of both concepts in relation to four dimensions within each concept a) Technological, b) Environmental, c) Economic, and d) Social). We contextualise this analysis within theoretical debates in the global North and South in order to better understand its development and historical context, with the aim of contributing to a better understanding of alternative concepts of innovation.

Buen Vivir
Journal
"Buen Vivir" and the Art of Living: Comparing Western and Latin American Perspectives on Living a "Good Life"
International

Christoph Teschers; Maria Nieto

2023

June 6, 2024

While interaction and exchange between cultures is arguably increasing in our globalized world, sentiments reflecting division among cultures and ways of being in the world remain. In particular, the relevance of ideas,theory, and philosophy based on traditional "Western" values and a focus on the individual is often drawn into question for collectivist and community-centred cultures--and vice versa. This has implications foreducation, given that much of the education discourse and approaches based on Western traditions are affecting education system across the globe and across cultures. It is also of particular significance for the educational approach focusing on developing students' own "art of living." While undoubtedly significant fundamental differences exist between most cultures, this article aims to suggest that, nevertheless, synergies and connecting points exist between Schmid's philosophical concept of the "art of living"--which is based on so-called traditional Western philosophy--and the Latin American notion of "buen vivir" (good living)--which is based on the traditions and cultural worldview of Indigenous peoples of this subcontinent. While weacknowledge the vast differences in culture and the depths of the cultural divide, our comparative reviewindicates that connections can be drawn on fundamental ethical aspects of human co-existence. We argue thatthese connecting points suggest that Schmid's philosophy can be of relevance to non-Western cultural contexts,as much as Indigenous ways of knowing and being can be of relevance to those in the "Western" worldpursuing an art of living, which, consequently, indicates that an educational approach to the art of living canbe relevant to diverse cultural contexts beyond Western-centric settings.

Buen Vivir
Journal
Cosmological Limits to Growth, Affective Abundance, and Rights of Nature: Three Lessons for Degrowth from Engaging with the Practice of Buen Vivir/Sumak Kawsay
Latin America

Katharina Richter

2023

June 6, 2024

This article creates an inter-epistemic dialogue between degrowth and Buen Vivir/sumak kawsay, based on qualitative research conducted in Ecuador. It builds on degrowth scholarship that considers cultural change an integral part of sustainability transformations. The article envisions what that change could look like by evolving non-anthropocentric and de-individualised visions of sustainability transformations. It thereby significantly advances recently reignited debates around limits to growth and artificial scarcity. Buen Vivir/sumak kawsay is an Andean-Amazonian indigenous conceptualisation of Good Living. An engagement with the reciprocal practices, behaviours and rituals of its protagonists yields three lessons for the cultural politics of degrowth. First, cosmological limits to growth are normative constraints to harming the Living World and arise from relational ontologies that embed the human into the natural world. Second, the political economy of Buen Vivir/sumak kawsay produces affective abundance via reciprocity with the non-human world. This offers a de-individualised understanding of abundance for degrowth, beyond enjoyment and provision of universal basic services. In practice, these ideas can be enshrined through Rights of Nature, put forward here as a viable policy option because of its potential to impute relational worldviews into materialist understandings of nature. These pluriverse avenues can enact cultural change towards sustainability transformations.

Buen Vivir
Rights of Nature
Journal
Buen Vivir and the Social and Solidarity Economy in the Andean Region of Ecuador
Latin America

Jorge Enrique Altamirano Flores, Jorge Vicente Vásquez Bernal, Luis Bernardo Tonon Ordóñez

2023

June 6, 2024

In 2008, the new and controversial political paradigm Buen Vivir (BV) was introduced in the Ecuadorian Constitution. The drafting of a new constitution was a presidential campaign promise, and the concept of BV became a central objective of the government’s development plan. To implement the principles of BV into state policies, the government launched an alternative economic system known as Social and Solidarity Economy (SSE). The objective of this study was to analyze how indigenous and non-indigenous people from the rural areas of the Ecuadorian highlands experienced BV and SSE at the community level. For this, face-to-face interviews and focus groups were used for data collection, and Thematic Analysis (TA) was chosen for the analysis. This study suggests a strong association between the implementation of governmental policies based on BV principles and a reduction in levels of poverty and inequality over the past decade. However, not everybody has perceived this transformation as progress, raising concerns about the role of the state as a provider and regulator.

Buen Vivir
Journal
Making and Remaking the World Anew: International Law and the Development Project
International

Ruth Buchanan, Luis Eslava, Caitlin Murphy, Sundhya Pahuja

2023

June 6, 2024

As a particular project of international institutions, development is a way of seeing, assessing, transforming, and imagining the world in relational terms. Interventions are conducted in the name of creating in ‘developing’ and ‘underdeveloped’ places, preferred models of social and economic organisation putatively embodied by the ‘developed’ world. This relational exercise was originally calibrated in terms of a relatively crude comparison between colonies and their metropoles. From the mid-twentieth century onwards, this became a comparison between newly independent nations and their more ‘advanced’ peers in the developed world. But while it has taken dierent forms over time, and constantly mutates, this imagined relation, or model, originates in the West and continues to be anchored by the twin objectives of civilisation and commerce, and in the binary of self and other. This introductory chapter charts three ways to approach thinking about domination and resistance in the context of international law and development.

Buen Vivir
Journal
If We Could Talk to the Animals, How Should We Discuss Their Legal Rights?
International

Andrew W. Torrance and Bill Tomlinson

2024

June 6, 2024

The realm of animal communication has been of interest to humans for millennia, not merely as a scientific curiosity but also as a profound inquiry into the nature of intelligence, social interaction, and the potential for interspecies understanding. The study of animal communication transcends mere observation; it offers a window into the complex social structures, emotional lives, and cognitive capabilities of nonhuman species. This fascination is deeply rooted in both human evolutionary history and the human quest to understand our place in the natural world. The intricate languages of birds, the alarm calls of primates, and the dance of bees are just a few examples that highlight the rich tapestry of nonhuman communication, each revealing unique aspects of life and survival in the animal kingdom.The significance of these communication systems extends beyond biological and ecological realms; it poses fundamental questions about consciousness, self-awareness, and the potential for emotional and cognitive experiences in nonhuman life forms. This understanding is crucial, not just for the advancement of scientific knowledge, but also for informing ethical and legal considerations regarding our treatment of other species. As we delve deeper into the complexities of animal communication, we are continually challenged to reassess our assumptions about intelligence, sentience, and the rights that arise from these capacities. The study of animal communication, therefore, represents a critical intersection of various disciplines—biology, ecology, ethology, psychology, and (increasingly) law and ethics. Understanding how animals communicate is not just an academic endeavor. Rather, it has profound implications for conservation efforts, animal welfare policies, and the broader discourse on animal rights. It forces us to confront the moral and legal status of nonhuman beings and challenges the anthropocentric view that has long dominated human thought and legal systems.

Animal rights
Journal
Development and Its Discontents: A South American Perspective
International

Jason Beech

2023

June 6, 2024

Notions of development have been used to justify and promote globally certain visions about how to attain wellbeing and progress. In this chapter, I offer an historical analysis of hegemonic development discourses in education and the alternatives that have recently been promoted by organisations such as UNESCO and the OECD. My argument is that these attempts to change hegemonic conceptions of human development are set within a logic of finding development alternatives. They construe the challenges that humanity and the planet are facing as problems that can be addressed with adjustments to current dominant views of human development. As an alternative to development, I discuss the notion of el buen vivir, derived from indigenous South American world views. It is a philosophy of life based on the values of reciprocity and solidarity that challenges the stark Western ontological distinctions between the self, the community, and the environment.

Buen Vivir
Journal
Buen Vivir, Subjective Poverty, and School Conditions in 2017 Ecuador
Latin America

Silverio Gonzalez-Tellez, Stefos Efstathios, Mahly Martinez, Darío Cevallos-Chamba

2023

June 6, 2024

In May 2017 in Ecuador, the government of Rafael Correa handed over the presidency after 10 years and several mandates. His administration established the redefinition of the constitutional bases: the buen vivir cultural development and policy approach with a new transformative educational policy that sought to contribute to inclusion, overcoming inequalities, and poverty. His government benefited from high oil and commodity prices and broad popular support. This research has set out to review the results of the official national survey ENEMDU completed in December 2017. With a descriptive, bivariate, and multidimensional quantitative data analysis, we sought to shed light on the correlations between subjective poverty associated with buen vivir, school conditions, and ICT access and use of the school population in 2017. Results indicate a critical flaw in the buen vivirpolicies that failed to achieve their most valued and declared objective with indigenous and rural populations.

Buen Vivir
Journal
Decolonial Perspective for Thinking about Tourism in Abya Yala (America): an Approach to the Bribri Notion of "Buen Vivir ".
Latin America

David Arias-Hidalgo

2023

June 6, 2024

The decolonisation and decolonial perspectives are now strongly embedded in the academic debate, in particular the fundamental contribution of Aníbal Quijano on the coloniality of power and race as constitutive elements of the global capitalist power model. In this article, the study starts from a broad bibliographical review of decolonial perspective, its main characteristics, its theoretical bases and its differences with postcolonial postures. We examine in depth the academic production (Spanish, French and English speaking) on tourism and the links with the decolonial perspective. We also propose some elements of reflection on the tourism coloniality and "buen vivir" from a decolonial turn to reflect on tourism in the indigenous communities context, based on our experience of working with indigenous communities in Latin America. As a main conclusion, the decolonial perspective can be a very useful framework of ideas, theories, and concepts in times of crisis, to generate critical thinking around indigenous tourism.

Buen Vivir
Journal
Rebuilding Together Through Buen Vivir: Democratic Collectives and Ecuadorian Liberation Theologies in the Face of the IMF and Disaster Capitalism
Latin America

Christopher M. Hoskins

2023

June 6, 2024

Disaster capitalism and shock doctrine have come to the fore in Ecuador after the 2016 earthquake and 2022 economic crisis and national strike. In opposition to the form of shock doctrine these two disasters highlight are theological anthropologies and praxis of religious alternatives to care and rebuilding. A disrupted research trip explores the competing visions of development, governance, and flourishing between the International Monetary Fund’s presence in Ecuador with shock doctrine and local economic collectives’ and the national solidarity movement’s liberative pastoral responses through Buen Vivir, an indigenous praxis of interdependence. The formation of democratic economic collectives and the validation of solidarity in large-scale national strikes demonstrate the power of pastoral theological responses holding to an expansive vision of Buen Vivir and theological anthropologies insisting on interdependent practices of care, justice, and liturgy to bring about fundamental shifts to our understanding of good living and subjectivity of all living things.

Buen Vivir
Journal
‘If They Touch our Cloudberries, that Means War’: Rural Liveability and Acceptance of Environmental Impacts from Event Tourism
Europe

Axel Eriksson

2023

June 6, 2024

Through the lens of liveability and Buen Vivir, I explore how local actors form their acceptance of the physical impact on nature caused by a trail marathon in north-central Sweden, particularly given trail and soil erosion. With a qualitative multi-method research approach, the findings reveal that the local actors minimise the impacts by getting involved in various activities both inside and outside the event. Different knowledge and practices foster sustainability and create acceptance. While the growth of tourism creates unease and feelings of inadequate control, this event is seen as a distinct phenomenon. I show that liveability goes beyond perception and requires integration of the local environment into local practices. Current acceptance may however be eroded if more or larger events occur in the future. Policies and planning must therefore acknowledge and incorporate these local practices to create sustainability.

Buen Vivir