Gender, race and environmental law : A feminist critique

Abstract

This chapter draws upon feminist theory and scholarship of Australian female Indigenous authors to critically evaluate international and Australian environmental law. The chapter argues that both international and Australian environmental law are shaped by colonial and patriarchal norms which: prioritise neoliberal economic growth mandates; privilege western scientific knowledge over other forms of knowledge; and operate to maintain a disconnection between humans and nature. This chapter adopts a feminist intersectional approach and critiques the incorporation of gender and Indigenous rights within international environmental law and explains why Australian environmental law fails to improve environmental or social outcomes in practice. Scholarship of female Indigenous academics is drawn upon to show how current environmental law is premised upon ‘rights’ over the environment as compared to creating responsibilities for humans to care for nature, which aligns with arguments made by ecofeminist scholars who critique the current domination and control that humans exert over nature. The chapter concludes by discussing how the introduction of an environmental justice framework which has been adopted in other jurisdictions could help improve environmental laws in Australia to enable more meaningful participation and recognise vulnerabilities to environmental degradation arising from race, culture, gender, age, class and geographical location.