111
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_10
State Global Responsibility
for Environmental Crises: The Ethical
and Legal Implications of a State’s Failure
to Protect Human Rights
Kathryn Anne Gwiazdon
Abstract This chapter seeks to explore the interconnectedness of life, the threats to
that interconnectedness, and the responsibility of those in power for harms against
humanity. It will do this through an ethical and legal lens, understanding that in both
ethics and justice, engagement and discourse is key to evolution and enlightenment,
democracy and diplomacy. This chapter opens with an exploration of ethical engagement, and how it can be used as a practical tool to address the greatest harms we
face. It will use human rights as a focal point for its analysis of state global responsibility, for if our human constructs (or governance systems) do not protect humanity, there is a clear and pervasive need for fundamental change. Ultimately, we must
ask ourselves, is the current structure of our state and global governance sustainable, is it protecting and nurturing humanity and human civilization? As a way forward, the chapter proposes extending the ethical and legal concept of ubuntu from
human relationships to state relationships. It will argue that the principles and values behind ubuntu should be extended to the state and that the true, relational aspect
of state sovereignty must be brought to the forefront instead of the harmful hyperindividualism fostered by hyper-nationalism.
1 Introduction
“A human being is a part of the whole called by us universe, a part limited in time
and space. He experiences himself, his thoughts and feeling as something separated
from the rest, a kind of optical delusion of his consciousness. This delusion is a kind
of prison for us, restricting us to our personal desires and to affection for a few persons nearest to us. Our task must be to free ourselves from this prison by widening
our circle of compassion to embrace all living creatures and the whole of nature in
its beauty.” (Sullivan 1972).
K. A. Gwiazdon (*)
Center for Environmental Ethics and Law, Tampa, FL, USA
e-mail: kathryngwiazdon@environmentalethicsandlaw.org
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_10
State Global Responsibility
for Environmental Crises: The Ethical
and Legal Implications of a State’s Failure
to Protect Human Rights
Kathryn Anne Gwiazdon
Abstract This chapter seeks to explore the interconnectedness of life, the threats to
that interconnectedness, and the responsibility of those in power for harms against
humanity. It will do this through an ethical and legal lens, understanding that in both
ethics and justice, engagement and discourse is key to evolution and enlightenment,
democracy and diplomacy. This chapter opens with an exploration of ethical engagement, and how it can be used as a practical tool to address the greatest harms we
face. It will use human rights as a focal point for its analysis of state global responsibility, for if our human constructs (or governance systems) do not protect humanity, there is a clear and pervasive need for fundamental change. Ultimately, we must
ask ourselves, is the current structure of our state and global governance sustainable, is it protecting and nurturing humanity and human civilization? As a way forward, the chapter proposes extending the ethical and legal concept of ubuntu from
human relationships to state relationships. It will argue that the principles and values behind ubuntu should be extended to the state and that the true, relational aspect
of state sovereignty must be brought to the forefront instead of the harmful hyperindividualism fostered by hyper-nationalism.
1 Introduction
“A human being is a part of the whole called by us universe, a part limited in time
and space. He experiences himself, his thoughts and feeling as something separated
from the rest, a kind of optical delusion of his consciousness. This delusion is a kind
of prison for us, restricting us to our personal desires and to affection for a few persons nearest to us. Our task must be to free ourselves from this prison by widening
our circle of compassion to embrace all living creatures and the whole of nature in
its beauty.” (Sullivan 1972).
K. A. Gwiazdon (*)
Center for Environmental Ethics and Law, Tampa, FL, USA
e-mail: kathryngwiazdon@environmentalethicsandlaw.org