Full Description
This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here—particularly from Latin America— embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.
Contents
Rationale for the Volume (Silvia Bagni, Serena Baldin and Veronica Federico) Part 1: The Foundation 1. Rights of Nature and Ecosystem Approach: An Introduction (Silvia Bagni) 2. The Principles of the Rights of Nature. An Approach from the Systemic Theory of Law and Natural Sciences (Ramiro Avila Santamaría) Part 2: The Ecosystem Approach as Paradigm Shift 3. From Prevention to Restoration: Towards a Paradigm Shift in EU and Italian Environmental Law (Ilaria Costanzo) 4. Investigating the Potential of Ecological Restoration as a Fundamental Right of Nature, with a Focus on its Relevance to Lake Vättern (Mariam Carlsson Kanyama) 5. Overcoming Capitalist Economics and the Appropriation of Common Resources through Rights of Nature in Ecuador (Amilcare D'Andrea) 6. Ecosystem Rights: Integrating Human Rights and Ecosystem Services for a Holistic Environmental Constitutionalism (Francesco Gallarati) Part 3: The Ecosystem Approach in Bottom-up Experiences and Rights of non-Human Animals 7. Florestania and Hutukara: Cosmopoetics to Plurinational States in America Latina (Elias Canal and Victor Hugo Agapito) 8. Decolonising Property Law to Implement the Ecosystem Approach: Evidence from Italy (Rachele Cecchi) 9. Destabilizing the Fossil Bloc through the Production of Knowledge from Below (Anna Berti Suman) 10. The Polyvalence of the Animal in Anthropocentric and Biocentric Approaches: Is there Room for Intrinsic Value? (Silvia Zanini) 11. Openings for Seeds Diversity Protection Beyond Patents: Seeds as Intangible Cultural Heritage (Giulia Fontanella) Part 4: National Case Studies, at the Intersection Between Nature's Rights and the Ecosystem Approach 12. The Ecologization of Environmental Protection in the Brazilian System: An Analysis of Local Legislative and Jurisprudential Protagonism (Leura Dalla Riva) 13. From Extraction to Exclusion: Colonial Obstacles to an Ecosystem Approach in Puerto Rico's Environmental Law (José Arturo Maldonado Andreu) 14. The Katsa-su Territory of the Awá Indigenous People as a Victim of the Armed Conflict in Colombia: A Transcultural and Interjurisdictional Contribution to the Rights of Nature (Carlos Alberto Benavides Mora and Daniel Laureano Noguera Santander) 15. Ancestral and Earth Law Knowledge: Intercultural Legal Practice as Foundation for Mother Earth Rights (Johana Fernanda Sánchez Jaramillo) Part 5: The Ecosystem Approach and the Courts 16. How Genetic Information of a Spices Could Help to Protect Nature in Courts: The Case of the Endangered Brown Sea Cucumber (Isostichopus fuscus) in the Galapagos Islands (David Cordero-Heredia and Jaime Ortiz Pachar) 17. After Los Cedros Ruling. The Ecocentric Epistemology of the Rights of Nature and its Impact on the Social Context (Anna Pedrolli) 18. A Standing for Nature in Civil Justice: Insights from Comparative Law (Mauro G. Smiroldo)
