19 September 2024
A Voice for Nature
The rights of nature movement is gaining momentum all around the world. With the decision of the Landgericht Erfurt on 2 August 2024 the movement seems to also have set foot in European courts. Realizing those rights will ultimately depend on nature being represented before a court. Environmental ombud agencies akin to the Austrian Umweltanwaltschaften may serve as an example. Despite some shortcomings in its Austrian form, this institutionalised representation has the potential to give a firm voice to nature. Continue reading >>
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08 August 2024
Are Rights of Nature Working?
Legal initiatives recognizing the rights of nature have transformed from a trickle to a cascade. But are they really effective? A systematic study on the implementation of the Ecuadorian Los Cedros ruling, one of the most prominent decisions of this sort, shows that it has been notably effective in protecting the forest from mining threats. However, its impact on local community involvement has been limited, and the fate of Los Cedros and the case remain vulnerable. Continue reading >>
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10 April 2024
Catalysts of Eco-Constitutional Evolution
On a lawsuit brought forth by a women’s association of the indigenous Kukama people. The association sought recognition of the intrinsic rights of the Marañón River. The judgement is part of a broader constitutional trend towards recognizing nature’s own rights. This movement is notably being driven by Latin American nations where indigenous perspectives on nature emphasize the intrinsic link between a healthy environment and the realization of human rights, thereby softening the adversarial stance between anthropocentrism and ecocentrism. As such, this jurisprudence may serve as catalyst for the ecological constitutional evolution of Western legal systems. Continue reading >>28 February 2023
Towards European Rights of Nature
On 24 February, Marie-Christine Fuchs on this blog discussed the 2022 Spanish Mar Menor Act – the first rights of nature case in Europe – in light of Latin American precedents and the criticism the Act is facing from right-wing populists in Spain. Whether the Act remains the first law in Europe granting rights to a non-human natural entity will now be decided by the Spanish Constitutional Court. In her analysis of the socio-legal foundations of the Mar Menor Act, Fuchs argues that it had a “more fragile argumentative basis” than precedents in Latin America. In contrast, this article argues that the Spanish legislator succeeded in placing the Mar Menor Act on its own argumentative footing, thus opening the door for a genuinely Western liberal conception and implementation of rights of nature in Europe. Continue reading >>
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24 February 2023
Rights of Nature Reach Europe
On September 30, 2022, the Spanish Senate approved the "Mar Menor Act" (Law 19/2022) which granted legal personality to the Mar Menor lagoon and its basin. Being the first legal text in Europe to recognize a natural entity as a subject of rights, it is one more piece in the mosaic of a global movement towards ecological justice, which tries to find strong legal answers in times of global ecological crisis. In fact, the Spanish landmark decision follows the precedents of countries such as Colombia, Ecuador, New Zealand, India and the United States. In this context, it is worth asking whether the legal and socio-cultural bases of the concept of the rights of nature, as developed in the aforementioned cases, especially in those stemming from Latin America, are also sustainable in Europe and for the Mar Menor case. Continue reading >>
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14 October 2022
The Mar Menor Lagoon Enjoys Legal Standing: and now, what?
On 30th September, the Spanish Parliament has completed the ‘Mar Menor Act’, granting legal personality to the lagoon of the Mar Menor and its basin. It is the first legal text in Europe which gives rights and legal standing to a natural body. Notably, the process was initiated by a public campaign triggering the legislative procedure. As legal scholars, we fear that this move, although it constitutes a strong expression of ecological awareness, will not solve the lagoon’s serious environmental deterioration. Continue reading >>22 February 2022
Monkeys in Their Own Right
A few months after the landmark Los Cedros decision, Ecuador’s Constitutional Court has ruled on another important case for the Rights of Nature. For the first time, the Constitutional Court has explicitly recognized that individual animals are protected by the Rights of Nature which also include the right to free development of animal behavior. Continue reading >>
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10 December 2021
The Los Cedros Forest has Rights
Last week, the Ecuadorian Constitutional Court published its judgment in the case of the Los Cedros forest, a protected cloud forest of great biodiversity in the Andean mountains of Ecuador. This judgment revokes environmental permits previously granted to two mining concessions in the Bosque Protector Los Cedros reserve. The Court ruled that the mining permits in question had not only violated several constitutional rights of communities in the area but also – most remarkably – the rights of mother nature (Pacha Mama). It specifically granted these rights to the Los Cedros Reserve. But there is still some uncertainty regarding future applications of this unusual, non-anthropocentric legal standard set by the Court to protect the rights of mother nature. Continue reading >>
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