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The International Legal Personhood of Nature and Other Ecosystems: A Legal Approach Based on Ecocentric Ethics /

Record Type:	Electronic resources : Monograph/item
Title/Author:	The International Legal Personhood of Nature and Other Ecosystems: A Legal Approach Based on Ecocentric Ethics // Santiago Vallejo Galarraga.
Author:	Galarraga, Santiago Vallejo,
Description:	1 electronic resource (450 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 85-06, Section: B.
Contained By:	Dissertations Abstracts International85-06B.
Subject:	International law. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30760158
ISBN:	9798381062083

The International Legal Personhood of Nature and Other Ecosystems: A Legal Approach Based on Ecocentric Ethics /
Galarraga, Santiago Vallejo,

The International Legal Personhood of Nature and Other Ecosystems: A Legal Approach Based on Ecocentric Ethics /Santiago Vallejo Galarraga. - 1 electronic resource (450 pages)

Source: Dissertations Abstracts International, Volume: 85-06, Section: B.

This dissertation aims at appraising the proposition of conferring international legal personhood on Nature,1 as an alternative instrument to cope with the present ecological crisis. It focuses on the transition from the object to the subject of law, namely from the traditional Western worldview of understanding natural resources as goods, even as commodities, chiefly represented by the contemporary notion of the human right to a healthy environment, towards the recognition of Nature as an entity endowed with rights. Correspondingly, it deals with encouraging the participation of Nature as a new actor in the international arena, emphasising its intervention, particularly in green judgements before the international courts of justice. The jurisprudence coming from the Court of Justice of the European Union (CJEU) constitutes the referential case study.In fairness, although the idea is not new at the national level and seems to resurface every now and then, the scheme of Nature as a holder of rights merits further research and development. Indeed, the state of affairs has been significantly modified in the ordinary course of events, mainly because what was "unthinkable" in the past, before the U.S. courts, has become presently feasible before tribunals of New Zealand, Colombia, and India, which have conferred legal personality on rivers and other ecosystems.Although one of the first and most celebrated propositions about the recognition of rights of Nature is on the records of Sierra Club v. Morton, nay in the dissent opinion by Justice Douglas, the case also represented a relative judicial setback. It is due to the fact that the Court of Appeals rejected the lawsuit, brought before it to prevent the construction of a ski resort and its facilities on Mineral King Valley, holding that the claimant lacked legal standing to claim on behalf of the ecosystem.Nevertheless, twenty years later, the community of Whanganui Iwi and the Crown of New Zealand signed an agreement to discharge a long-running legal dispute, begun in 1990, which mainly focused on the creation of legal personality for the Whanganui River. On their part, Colombian Courts have been acutely active in recognising diverse ecosystems as subjects of law and granting rights. In that regard, the Colombian Constitutional Court recognised the Atrato River, including its watershed and tributaries as a subject of law in 2016, in order to be protected, conserved, maintained and restored, by the State along with ethnic communities. In addition, the Administrative Tribunal of Boyaca declared Pisba Highlands (paramo) as a subject of rights, just like the Supreme Court did it to Colombian Amazon.7 India followed suit, when the High Court of Uttarakhand at Nainital bestowed legal personality on the rivers Ganga and Yamuna, in addition to the ecosystems comprised of the glaciers Gangotri and Yamunotriin 2017.Moreover, the recognition of Nature's rights has gone beyond, by reaching out to be part of domestic law in the United States, Bolivia, and New Zealand, and even of constitutional law in Ecuador. Indeed, the first formal acknowledgement of an ecosystem as a person-endowed of rights-occurred in 2006, in Tamaqua Borough, Pennsylvania, by means of an ordinance relative to the ban on corporations from engaging in the land application of sewage sludge. Thenceforth, a total of twenty-six towns in the United States counts on similar bylaws, i.e., in addition to Pennsylvania, the states of Virginia, New Hampshire, New Jersey, New York, Maryland, Ohio, New Mexico, Idaho, Wisconsin, and California.

English

ISBN: 9798381062083Subjects--Topical Terms:

560784
International law.

The International Legal Personhood of Nature and Other Ecosystems: A Legal Approach Based on Ecocentric Ethics /
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520 $a This dissertation aims at appraising the proposition of conferring international legal personhood on Nature,1 as an alternative instrument to cope with the present ecological crisis. It focuses on the transition from the object to the subject of law, namely from the traditional Western worldview of understanding natural resources as goods, even as commodities, chiefly represented by the contemporary notion of the human right to a healthy environment, towards the recognition of Nature as an entity endowed with rights. Correspondingly, it deals with encouraging the participation of Nature as a new actor in the international arena, emphasising its intervention, particularly in green judgements before the international courts of justice. The jurisprudence coming from the Court of Justice of the European Union (CJEU) constitutes the referential case study.In fairness, although the idea is not new at the national level and seems to resurface every now and then, the scheme of Nature as a holder of rights merits further research and development. Indeed, the state of affairs has been significantly modified in the ordinary course of events, mainly because what was "unthinkable" in the past, before the U.S. courts, has become presently feasible before tribunals of New Zealand, Colombia, and India, which have conferred legal personality on rivers and other ecosystems.Although one of the first and most celebrated propositions about the recognition of rights of Nature is on the records of Sierra Club v. Morton, nay in the dissent opinion by Justice Douglas, the case also represented a relative judicial setback. It is due to the fact that the Court of Appeals rejected the lawsuit, brought before it to prevent the construction of a ski resort and its facilities on Mineral King Valley, holding that the claimant lacked legal standing to claim on behalf of the ecosystem.Nevertheless, twenty years later, the community of Whanganui Iwi and the Crown of New Zealand signed an agreement to discharge a long-running legal dispute, begun in 1990, which mainly focused on the creation of legal personality for the Whanganui River. On their part, Colombian Courts have been acutely active in recognising diverse ecosystems as subjects of law and granting rights. In that regard, the Colombian Constitutional Court recognised the Atrato River, including its watershed and tributaries as a subject of law in 2016, in order to be protected, conserved, maintained and restored, by the State along with ethnic communities. In addition, the Administrative Tribunal of Boyaca declared Pisba Highlands (paramo) as a subject of rights, just like the Supreme Court did it to Colombian Amazon.7 India followed suit, when the High Court of Uttarakhand at Nainital bestowed legal personality on the rivers Ganga and Yamuna, in addition to the ecosystems comprised of the glaciers Gangotri and Yamunotriin 2017.Moreover, the recognition of Nature's rights has gone beyond, by reaching out to be part of domestic law in the United States, Bolivia, and New Zealand, and even of constitutional law in Ecuador. Indeed, the first formal acknowledgement of an ecosystem as a person-endowed of rights-occurred in 2006, in Tamaqua Borough, Pennsylvania, by means of an ordinance relative to the ban on corporations from engaging in the land application of sewage sludge. Thenceforth, a total of twenty-six towns in the United States counts on similar bylaws, i.e., in addition to Pennsylvania, the states of Virginia, New Hampshire, New Jersey, New York, Maryland, Ohio, New Mexico, Idaho, Wisconsin, and California.
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