The Common Heritage of Kin-Kind

Jones, E; van, Eijk, C; Heathcote, G

doi:10.4324/9781032658032

The Common Heritage of Kin-Kind

Lookup NU author(s): Dr Emily Jones, Professor Gina Heathcote ORCiD

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This is the authors' accepted manuscript of a book chapter that has been published in its final definitive form by Routledge, 2024.

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Abstract

The common heritage of [hu]mankind (CHM) is a principle of international law applied to areas beyond national jurisdiction. The principle, in its plain wording, invokes hope, suggesting a disruption to traditional legal models of property and sovereignty while fostering an environmental imaginary around a shared sense of responsibility. However, in reality, the principle is anthropocentric and deeply implicated in capitalist extractivism. In this chapter, we draw on critical posthuman theories, primarily Haraway’s use of speculative fabulation as method, to reworld the principle of the CHM through an ecological lens. Taking heed of posthuman theory’s call to dismantle hierarchies, not only between humans but also between human and nonhuman subjects, alongside the focus on challenging dominant models of subjectivity, we reimagine the principle through the lens of the common heritage of kin-kind (CHKK), seeking an international law that includes the interests of nonhumans in its core principles. The chapter concludes with reflections on the use of speculative fabulation as a method. Overall, we find promise in the use of this method of reworlding while noting several limitations rooted in the Eurocentric focus of international law.