The chapter discusses the growing global discourse surrounding the “rights of nature” concept, which seeks to redefine the legal standing and representation of natural entities such as rivers, forests, and ecosystems. The chapter examines the shift from anthropocentric to ecocentric legal frameworks, highlighting the inadequacies of current environmental laws in addressing ecological degradation. It explores how legal personhood and voice are being granted to natural elements across various jurisdictions, citing examples from Spain, Ecuador, Bolivia, New Zealand, and others. These cases showcase how different societies, often drawing on indigenous knowledge and practices, have sought to protect nature’s inherent rights to exist, thrive, and regenerate through constitutional protection, adoption of national laws or decisions of courts. It also addresses the challenges of implementing such legal frameworks, including the complexities of representation and balancing human and environmental interests. The chapter concludes by underscoring the importance of ongoing dialogue and legal evolution to integrate the intrinsic value of nature into legal and political processes, ensuring long-term environmental sustainability and resilience.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Speaking for the Rights of Nature

  • Maša Kovič Dine

摘要

The chapter discusses the growing global discourse surrounding the “rights of nature” concept, which seeks to redefine the legal standing and representation of natural entities such as rivers, forests, and ecosystems. The chapter examines the shift from anthropocentric to ecocentric legal frameworks, highlighting the inadequacies of current environmental laws in addressing ecological degradation. It explores how legal personhood and voice are being granted to natural elements across various jurisdictions, citing examples from Spain, Ecuador, Bolivia, New Zealand, and others. These cases showcase how different societies, often drawing on indigenous knowledge and practices, have sought to protect nature’s inherent rights to exist, thrive, and regenerate through constitutional protection, adoption of national laws or decisions of courts. It also addresses the challenges of implementing such legal frameworks, including the complexities of representation and balancing human and environmental interests. The chapter concludes by underscoring the importance of ongoing dialogue and legal evolution to integrate the intrinsic value of nature into legal and political processes, ensuring long-term environmental sustainability and resilience.