The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

Nathalie Rühs and Aled Jones
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Nathalie Rühs: Global Sustainability Institute, Anglia Ruskin University, East Road, Cambridge CB1 1PN, UK
Aled Jones: Global Sustainability Institute, Anglia Ruskin University, East Road, Cambridge CB1 1PN, UK

Sustainability, 2016, vol. 8, issue 2, 1-19

Abstract: 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.

Keywords: Earth Jurisprudence; rights of nature; rule of law; sustainable development (search for similar items in EconPapers)
JEL-codes: O13 Q Q0 Q2 Q3 Q5 Q56 (search for similar items in EconPapers)
Date: 2016
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (4)

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