Abstract

BAGNI, Silvia. The rights of Nature in Colombian and Indian case-law. Rev. Jur. Der. [online]. 2018, vol.7, n.9, pp.33-53. ISSN 2413-2810.

Abstract The rights of Nature in Colombian and Indian case-law. Nature has been for long time an unheard voiceforthe Law. Since the Seventies of the past century, however, the international community has begun to change its mind and to consider the environment as something worthy of consideration from a legal perspective. The environmental crisis that is menacing the existence of our common Home and new epistemological approaches based on earth jurisprudence have favored the emergence of the concept of "rights of Nature". At constitutional level, it has been introduced in the 2008 Ecuadorian Constitution. Besides, other countries have implemented laws about the rights of rivers, glaciers, animáis, etc. The article focuses on the case-law formant and compares recent Colombian and Indian case-law, where "legal personality" has been recognized to natural elements.

Keywords : rights of Nature; ecological constitutionalism; Harmonywith Nature; biocultural rights; sustainable development.

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