Effective deoccupation: Towards Responsible Guardianship of Nature

Abstract

The doctrine of effective occupation was developed by colonial powers to justify their sovereignty over newly annexed territories and was measured by animus occupandi, the will to be sovereign; and corpus occupandi, the exercise of sovereignty, both specified by the colonizers themselves. While effective occupation over humans ended through the global decolonization movement, it remains the default for nature under the doctrines of Permanent Sovereignty over Natural Resources (PSNR) and the resourcist interpretation of Common Heritage of Mankind (CHM). Here I contend that nature still suffers the harms of colonialism through dispossession, exploitation, and domination. I propose a transition to effective deoccupation, measured by animus deoccupandi (the will to cultivate a well-informed, attentive and respectful relationship with nature), and corpus deoccupandi (the replacement of PSNR and CHM with Responsible Guardianship, with states as fiduciaries of planetary nature). I offer a preliminary sketch of what this would require, address objections, and conclude.

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