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Conclusion

  • Jasper Mührel

摘要

Rights of nature have met with rejection in the liberal West for many decades. The main arguments for this have been their alleged incompatibility with Western liberal law and values, as well as concerns about undermining the status of humans. However, in light of the existential ecological crises of the Anthropocene, this study has demonstrated that rights of nature are a possible and promising approach to enhanced environmental protection in liberal legal systems and international law. Their appeal lies, among other things, in creating a paradigm shift without demanding an all-changing legal revolution, as they build on existing law. Indeed, they may serve as a means of maintaining the benefits of liberalism within the confines of planetary boundaries. While it may still take some time before rights of nature will become established across the legal systems of the Global North, it is—given the pressing environmental crises of the Anthropocene—important to initiate and conduct the relevant debates now. Concrete examples and proposals are now on the table.