§ 3 Umweltverfassungsrecht

Gärditz, Klaus Ferdinand; Kahl, Wolfgang; Schmidt, Reiner

doi:10.17104/9783406731167-56

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“…148 It is not enough if a contested norm protects the general interest of the public. 149 Looking at nature protection in the Federal Nature Protection Act, 150 the dominant opinion is that its intent is to protect nature for its own value or for the common good, making it so-called objective law, and not creating any subjective rights. 151 When it comes to the aim of protecting certain habitats that are not of interest to a group of people, such as property owners or adjacent neighbours, establishing standing is possible only for recognized environmental organizations in accordance with Germany's public interest litigation model.…”

Section: From the Question Of Standing For North Sea Seals To Public mentioning

confidence: 99%

Paving the Way for Rights of Nature in Germany: Lessons Learnt from Legal Reform in New Zealand and Ecuador

Schimmöller¹

2020

TEL

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This article examines the concept of granting legal rights to nature as a strategy for more effective environmental protection in the era of the Anthropocene. Following decades of debate over the possibility and consequences of natural objects becoming legal rights holders, a number of countries have recently implemented rights of nature laws in their national legal systems. Comparing two of these examples – a constitutional amendment in Ecuador and recently transposed legislation in New Zealand – will help in understanding the potential for and challenges in the implementation of this concept. On the basis of the findings of this comparison the article further analyzes the possibility of legal reform in a European country, using Germany by way of example. This analysis demonstrates that the realization of rights of nature in Europe is faced with many obstacles as it contests institutional and legal frameworks that are deeply rooted in Western individual rights doctrines and neoliberal economic models. Nevertheless, the holistic approach of expanding the number of rights-bearing subjects beyond an anthropocentric framework can allow for more serious consideration of environmental interests, something that aligns with the German narrative of recognizing nature's intrinsic value in law and the need for effective environmental protection measures.

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Section: From the Question Of Standing For North Sea Seals To Public mentioning

confidence: 99%

Paving the Way for Rights of Nature in Germany: Lessons Learnt from Legal Reform in New Zealand and Ecuador

Schimmöller¹

2020

TEL

View full text Add to dashboard Cite

show abstract

§ 3 Umweltverfassungsrecht

Cited by 1 publication

References 0 publications

Paving the Way for Rights of Nature in Germany: Lessons Learnt from Legal Reform in New Zealand and Ecuador

Paving the Way for Rights of Nature in Germany: Lessons Learnt from Legal Reform in New Zealand and Ecuador

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