1. Theoretical Sources and Foundations of the Rights of Nature
- Author
-
Mihnea Tănăsescu
- Subjects
constitutionalism ,critical jurisprudence ,Ecuadorian Constitution ,environmental protection ,legal pluralism ,political ecology ,Environmental law ,K3581-3598 ,Environmental sciences ,GE1-350 - Abstract
This article surveys some of the most important conceptual elements of the rights of nature and some key historical moments in their development. It roots the conceptual discussion in several cases examined more closely, including the Ecuadorian Constitution and the Te Urewera Act of Aotearoa New Zealand. Through this analysis, the article offers new clues towards a classification of different kinds of rights of nature, as well as an analysis of the importance of the level of the law (municipal, regional, national, etc.). It further discusses the issue of legal pluralism and the inherently political structure of the rights of nature. Taken together, these contributions provide an overview of the current state of rights of nature studies to date and important directions for future research.
- Published
- 2022
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