The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

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.

Legal personality in Aotearoa New Zealand: an example of integrated thinking on sustainable development

“…“The difficulty of translating sustainable development to an organizational level is left unaddressed along with an assessment of the unsustainability of organisations in and of themselves” (p. 397). More recently Ruhs and Jones (2016) have argued that little has changed to create a more sustainable future during the 25 years since the Brundtland Report.…”

Localism and the environment: A critical review of UK Government localism strategy 2010–2015

“…It requires a total re-assessment of economic strategy. Indeed within literature, arguments are emerging that our entire legal basis requires reformulating (Ruhs and Jones, 2016).…”

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

“…This, in turn, might not lead to such developments being stopped altogether, but being moved elsewhere, possibly to poorer neighbourhoods the inhabitants of which do not have the resources to invoke a rights of nature claim. 121 However, this issue is resolved to some extent through the possibility of filing a complaint to the Defensoría del Pueblo, which has the power to lodge a rights of nature claim in court. 122 The narrow approach in New Zealand, aimed at recognizing Maōri responsibilities for their land, arguably has less of a focus on nature's rights in themselves.…”