Rights of nature represent a relatively novel legal approach aimed not only at improving nature protection but also at reshaping the relationship between humankind and the non-human natural world. Despite their origins in national law, rights of nature increasingly feature in international legal discourse and documents. At the same time, traditional international law is often criticised for contributing to the global degradation of the natural environment. This introductory chapter outlines the tensions between an emerging international rights of nature approach and the foundational principles of international law, namely sovereignty and international legal personality. It begins by establishing the relevance of examining these two principles in the context of rights of nature and offers a working definition of an “international rights of nature approach”. The chapter then summarises the academic and practical backgrounds of the international rights of nature debate and its intersections with sovereignty and international legal personality. Finally, it provides an overview of the book’s structure and the research methodology employed.

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

Introduction

  • Helen Arling

摘要

Rights of nature represent a relatively novel legal approach aimed not only at improving nature protection but also at reshaping the relationship between humankind and the non-human natural world. Despite their origins in national law, rights of nature increasingly feature in international legal discourse and documents. At the same time, traditional international law is often criticised for contributing to the global degradation of the natural environment. This introductory chapter outlines the tensions between an emerging international rights of nature approach and the foundational principles of international law, namely sovereignty and international legal personality. It begins by establishing the relevance of examining these two principles in the context of rights of nature and offers a working definition of an “international rights of nature approach”. The chapter then summarises the academic and practical backgrounds of the international rights of nature debate and its intersections with sovereignty and international legal personality. Finally, it provides an overview of the book’s structure and the research methodology employed.