Global governance, sustainability and the emergence of Earth System Law

This paper reflects critically on the capacity of global law in promoting new visions of global justice in the Anthropocene, such as climate justice and planetary justice. To this end, it builds on the discussions that have been conducted from the perspective of moral and political theory about the genealogy and normative contents of these two understandings of global justice. On that basis, the paper seeks to contribute to the debate from the distinctive perspectives of legal theory and legal sociology, by delving into the juridical and institutional dimensions of climate and planetary justice in the global realm. It will adhere to the argument that the responsiveness of global regimes to the challenges of the Anthropocene, understood as ecological reflexivity, require deliberative modes of decision-making capable of uptaking science and societal values. Against this backdrop, it reflects on the challenges of re-interpreting the principle of democracy in transnational governance in order to “democratise expertise” and “expertising democracy” in the global realm. It concludes with some open-ended reflections on challenges for the democratisation of global regimes for Earth System Governance.