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Insights from Earth system science show us that we are crossing over into a new geological epoch, the Anthropocene. Yet, environmental law has failed to integrate these insights and adopt an Earth system perspective, with the result that environmental law has arguably become incapable of responding to the numerous complex, interconnected, and non-linear challenges of an erratic Earth system in the Anthropocene. Earth system law is proposed as a response and is intended to ‘translate’ Earth system science insights into the legal domain, thereby transforming Holocene nvironmental law and making it more fit for purpose in the Anthropocene. In order to practically explore how this transformation could take place, reliance is placed on the telecoupling framework, which analyses interconnected or coupled human and natural systems over distances. With reference to the mining activities conducted by Canadian companies in Mexico, the telecoupling framework is revealed as a valuable tool for thinking about environmental law in Earth system terms and enabling one to see a range of deeply intertwined telecoupled issues and considerations that must be taken account of by the law. In turn, this enables one to begin to imagine the types of considerations that should be incorporated into legal responses in order to adequately respond to the socio-ecological challenges of the Anthropocene.

Despite international efforts to stop dryland degradation and expansion, current dryland pathways are predicted to result in large-scale migration, growing poverty and famine, and increasing climate change, land degradation, conflicts and water scarcity. Earth system science has played a key role in analysing dryland problems, and has been even incorporated in global assessments such as the ones made by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. However, policies addressing dryland degradation, like the ‘Mexican programme for the promotion of sustainable land management’, do not embrace an Earth system perspective, so they do not consider the complexity and non-linearity that underlie dryland problems. By exploring how this Mexican programme could integrate the Earth system perspective, this paper discusses how ’Earth system’ policies could better address dryland degradation and expansion in the Anthropocene.

Insights from Earth system science show us that we are crossing over into a new geological epoch, the Anthropocene. Yet, environmental law has failed to integrate these insights and adopt an Earth system perspective, with the result that environmental law has arguably become incapable of responding to the numerous complex, interconnected, and non-linear challenges of an erratic Earth system in the Anthropocene. Earth system law is proposed as a response and is intended to ‘translate’ Earth system science insights into the legal domain, thereby transforming Holocene environmental law and making it more fit for purpose in the Anthropocene. In order to practically explore how this transformation could take place, reliance is placed on the telecoupling framework, which analyses interconnected or coupled human and natural systems over distances. With reference to the mining activities conducted by Canadian companies in Mexico, the telecoupling framework is revealed as a valuable tool for thinking about environmental law in Earth system terms and enabling one to see a range of deeply intertwined telecoupled issues and considerations that must be taken account of by the law. In turn, this enables one to begin to imagine the types of considerations that should be incorporated into legal responses in order to adequately respond to the socio-ecological challenges of the Anthropocene.

Between March and May 2020, fourteen municipalities in Chihuahua, Mexico, initiated a jurisdictional process called ‘constitutional controversy’ at Mexico's Supreme Court of Justice, against the Congress, the President, the Commander of the National Guard, and the National Water Commission. These municipalities sued for the unconstitutionality of the Federal Government's actions regarding the water extraction in the "La Boquilla" dam, in the light of water legislation unsuitable to foster public participation in water management. Moreover, the lack of public participation in the 'La Boquilla' dam water management have resulted in several clashes between water users and the National Guard. Amid the current drafting process of the General Water Law for Mexico, it is important to understand how the Mexican water legal framework has failed as an institutional tool to achieve sustainable water management. This report discusses the “La Boquilla” dam case to highlight the inability of the current Mexican water legal framework to address water-related problems. In doing so, some of the main problems in Mexican water laws’ structure are analysed to show why those laws are hardly complied with and weakly enforced, which has resulted in conflicts and water mismanagement. Finally, it discusses the potential of stakeholder engagement and local water policies for strengthening the rule of law with respect to water for the upcoming General Water Law for Mexico.

While the adoption of the Escazú Agreement is of importance, there are many obstacles in the Latin America and the Caribbean to the implementation of this treaty, especially in terms of public participation. Those obstacles are social and institutional challenges, such as culture of privilege, killing of environmental activists, and COVID-19. This article discusses to what extent the Escazú Agreement can potentially overcome the existing challenges and ensuring public participation for persons or groups in vulnerable situations.