As developments under the framework of the Convention on Biological Diversity (CBD) or the UNGA Resolutions on Harmony with Nature illustrate, rights of nature are no longer confined to the national legal order of individual states. This chapter begins by outlining different theoretical approaches to rights of nature in international law, followed by an assessment of the status quo of nature protection in international law. This assessment helps identify key entry points for the introduction of rights of nature into the international legal order, including indications of emerging regional customary international law in Latin America. Building on these foundations—as well as recent contributions from scholars and organisations—it is possible to draft potential future approaches to international rights of nature law, which show different benefits and pitfalls.

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Rights of Nature in International Law

  • Helen Arling

摘要

As developments under the framework of the Convention on Biological Diversity (CBD) or the UNGA Resolutions on Harmony with Nature illustrate, rights of nature are no longer confined to the national legal order of individual states. This chapter begins by outlining different theoretical approaches to rights of nature in international law, followed by an assessment of the status quo of nature protection in international law. This assessment helps identify key entry points for the introduction of rights of nature into the international legal order, including indications of emerging regional customary international law in Latin America. Building on these foundations—as well as recent contributions from scholars and organisations—it is possible to draft potential future approaches to international rights of nature law, which show different benefits and pitfalls.