Rethinking the Labour-Environment (Land)
Nexus: Beyond Coloniality, Towards New
Epistemologies for Labour Law
Ania ZBYSZEWSKA
*
& Flavia MAXIMO
**
The existential threat posed by anthropogenic climate change is a powerful indictment of
contemporary capitalism. It requires us to directly confront modern capitalism as a civilizing
project that renders irrational and obsolete other possibilities of organizing economic and social
life. Adopting a decolonial perspective that incorporates theories of racial capitalism, coloniality,
and social reproduction, we examine how racial/colonial capitalism articulates the labour-
environment nexus in ways that facilitate or undermine different sorts of livelihoods and socio-
ecologies. We then reflect on how the differentiation and hierarchization that flow from
exploitation (labour) and expropriation (labour and land) are reproduced in labour law’s
epistemology, evidencing its coloniality. We conclude with a call to embrace epistemic pluralism
as crucial to developing labour law that reflects and facilitates heterogeneous livelihoods and
ecopolitical justice.
Keywords: Coloniality, Racial Capitalism, Labour and Land, Socio-Ecology, Environment, Social
Reproduction, Decolonial Thinking, Dissident Epistemology, Legal Pluralism
1 INTRODUCTION
The existential threat posed by anthropogenic climate change is a powerful
indictment of contemporary capitalism, with ecopolitics emerging as a key area
of contestation that reaches beyond environmental movements to encompass
various reformist causes and counter-hegemonic struggles.
1
Workers and labour
movements have also stepped onto the ecopolitical terrain, not least since the
climate crisis and the ongoing policy efforts to address it inevitably affect many
people’s conditions of work while threatening the viability of livelihoods for others
entirely. Exemplary of labour’s engagements are demands for transitional justice for
Zbyszewska, Ania & Maximo, Flavia . ‘Rethinking the Labour-Environment (Land) Nexus: Beyond
Coloniality, Towards New Epistemologies for Labour Law’. International Journal of Comparative Labour Law
and Industrial Relations 39, no. 3&4 (2023): 293–314.
© 2023 Kluwer Law International BV, The Netherlands
*
Carleton University, Department of Law and Legal Studies. Email: ania.zbyszewska@carleton.ca
**
Federal University of Ouro Preto, Department of Law. Email ID: flavia.pereira@ufop.edu.br
1
Stefania Barca, Forces of Reproduction: Notes for a Counter-Hegemonic Anthropocene (Elements in
Environmental Humanities) (Cambridge University Press 2020); Nancy Fraser, Climates of Capital,
(127) New Left Rev. (Jan./Feb. 2021).