Law Commons^™

Genetic Freedom Of The Seas In The Age Of Extractivism: Marine Genetic Resources In Areas Beyond National Jurisdiction, Irus Braverman

Contributions to Books

Areas beyond national jurisdiction are the largest environment on earth and marine genetic resources are its new, and perhaps final, frontier. It is no wonder, then, that the scope and protection of marine genetic resources in this oceanic space have been hotly contested and that a new doctrine for ocean governance has been coined in this context: mare geneticum. This chapter examines different definitions of marine genetic resources debated in the ongoing treaty negotiations over areas beyond national jurisdiction (the BBNJ), the conflicting interests involved, and how the law-science relationship has figured in these debates. Ultimately, many of the debates …

Amphibious Legal Geographies: Toward Land–Sea Regimes, Irus Braverman

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This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the juridical thinking that has enshrined the land/sea divide into contemporary governmental infrastructures, disciplinary traditions, and regulatory apparatuses, and charts the disastrous implications that such a legal fixation on the land/sea binary has wrought on human and other-than-human lifeworlds. As the collection proceeds, a second broad theme emerges, building on the first: when one rethinks the abstraction of law as played out on the ground, the “ground” itself shifts and fundamental divisions between land and sea that serve as the …

The Regulatory Life Of Threatened Species Lists, Irus Braverman

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Published as Chapter 1 in Animals, Biopolitics, Law: Lively Legalities, Irus Braverman, ed.

“The Regulatory Life of Threatened Species Lists” explores a prominent technology for the legal regulation of nonhuman life: the threatened species list. I argue that threatened species lists are biopolitical technologies: they produce and reinforce underlying species ontologies by creating, calculating, and governing the boundaries between various nonhuman species. Such a differentiated treatment of the life and death of nonhuman species through their en-listing, down- and up-listing, multi-listing, and un-listing translates into the positive protection and active governance of such species. Listing threatened species thus becomes a …

Animals And Law In The American City, Irus Braverman

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Published as Chapter 6 in Environmental Law and Contrasting Ideas of Nature: a Constructivist Approach, Keith H. Hirokawa, ed.

Whereas a large and growing scholarly literature is dedicated to studying human populations in the city, not much has been written about nonhuman animals in this space. This essay explores the presence of nonhuman animals in the American city through a legal lens. I begin with a few general contemplations about the legal classification of animals in American cities, and then move to explore specific legal classifications of animals in cities: domestic and companion animals, agriculture or livestock animals, wild animals, …

Order And Disorder In The Urban Forest: A Foucauldian-Latourian Perspective, Irus Braverman

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Published as Chapter 9 in Urban Forests, Trees, and Greenspace: A Political Ecology Perspective, L. Anders Sandberg, Adrina Bardekjian & Sadia Butt, eds.

We pass by street trees everyday. Their existence as well as their particular location in the city seems obvious, innocuous, natural. But, as is the case with most taken-for-granted "things" (Brown, 2011), some excavation is bound to reveal a more complicated and even ideological story. This study focuses on such a story: the story of the clandestine governance of nature and of humans by way of nature - all through the construction and regulation of city street …