The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

Rühs, Nathalie and Jones, Aled (2016) The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature. Sustainability, 8 (2). p. 174. ISSN 2071-1050

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To date, international processes associated with sustainable development have not led to an internationally legally binding framework that adequately addresses the challenges we face. Human influence on the planet has led to the adoption, although not universally accepted, of the term Anthropocene to define our new relationship with nature. This paper aims to look at the role and rule of law in the making of society and, more importantly, the arguments for a shift in the paradigm from an Anthropocentric ontology to a more Earth-centered one. We critique the current approach to sustainable development and environmental protection, review arguments on the Rights of Nature and explore the potential for the concept of Earth Jurisprudence building on current literature. In particular, the paper outlines that a constitutional right of nature is needed to address the challenges that we now face globally. To this end, we also examine in detail the case study of the constitution of Ecuador where the rights of nature have been codified. We outline some of the key issues involved in this proposed approach to new legal frameworks and make recommendations for future research.

Item Type: Journal Article
Keywords: Earth Jurisprudence, Rights of nature, Rule of law, Sustainable development
Faculty: ARCHIVED Faculty of Science & Technology (until September 2018)
Depositing User: Repository Admin
Date Deposited: 25 Feb 2016 14:35
Last Modified: 09 Sep 2021 19:00

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