Search results for "rights of Nature"
showing 4 items of 4 documents
Embracing diverse worldviews to share planet Earth
2019
Leading societies toward a more sustainable, equitably shared, and environmentally just future requires elevating and strengthening conversations on the nonmaterial and perhaps unquantifiable values of nonhuman nature to humanity. Debates among conservationists relating to the appropriateness of valuing ecosystems in terms of their human utility have eclipsed the more important and impactful task of expressing conservation concerns in terms that are meaningful to diverse stakeholders. We considered the wide global diversity of perspectives on the biosocial complex-the relationships and interactions between all living species on Earth-and argue that humanity's best chance for effective conse…
Rights with limits: biocultural rights - between self-determination and conservation of the environment
2015
Kabir Bavikatte has recently argued that a new 'basket' of group rights is emerging from the interpretation of multilateral environmental agreements, domestic law and case law, and from shifts in the development discourse and the struggles of communities. He refers to this new set of rights as 'biocultural rights' and defines them as being all the rights of indigenous peoples and local communities required to secure their stewardship role over their lands and waters. Biocultural rights build on two foundations: the self-determination and cultural diversity of indigenous peoples and local communities, and the conservation of the environment. This article suggests that the second foundation i…
Earth jurisprudence: new paths ahead
2020
This special issue of the open access journal Diritto & Questioni Pubbliche contains the articles of legal theory and private law authors that have analysed the theory of Earth Jurisprudence and looked at the evolution and challenges of the recognition of rights to nature. The articles are authored by: Giulia Sajeva, Do we Need Earth Jurisprudence? Looking for Change in New Old Friends. - Sofia Ciuffoletti, Have trees got standing? A brief account of locus standi doctrines and case law in the environmental litigation on the basis of the principle of effectiveness of rights. - Matija Žgur, All the Earth’s legal children. Some sceptical comments about Nature’s legal personhood. - Giada Gi…
La Natura come soggetto di diritto: l'approccio ecuadoriano
2022
All legal systems by now must confront the issue of environmental protection. The scope of this paper is to analyse the Ecuadorian approach, considering that it is the only legal system which, so far, has constitutionalized the rights of Nature, thus allowing a change in the status of Nature, from object to subject of law, overcoming the traditional approach of Western environmental law. The paper also aims to show how the theme of the rights of Nature offers a valuable opportunity for intercultural dialogue, and how the Ecuadorian experience represents, in this sense, a perfect mix between Western legal notions, such as damage, protection, or representation, and the ancestral knowledge of …