Full Description
Rights of nature are on the rise worldwide, having already been recognized in several states, especially in Latin America and Asia. For the first time in a monograph, this book offers answers to the questions of whether and how rights of nature can also be implemented in Western liberal legal systems and in international law. It traces how the latter are characterized by a deeply rooted anthropocentrism. While at first glance this seems to make the recognition of rights of nature difficult to conceive, the book shows that in the 21st century this strong anthropocentrism is neither helpful nor irrevocable, and that non-anthropocentric approaches can already be found in liberal legal systems and in international law. Against the backdrop of the pressing environmental crises of the Anthropocene, it offers liberal and international approaches to rights of nature. In doing so, the book analyzes the compatibility of rights of nature with Western liberal and international law and deals comprehensively with the criticism and potential benefits of rights of nature in order to ultimately provide concrete proposals for their implementation.
Contents
Introduction.- Part I - The Human-Nature Relationship.- Western Liberal Societies.- Western Liberal and International Law.- Part II - Nature and Intrinsic Legal Relevance.- Concepts of Intrinsic Legal Relevance and their Openness to Nature.- Specifying Nature as a Rights-Holder.- Part III - The Critique and Potentials of Rights of Nature.- Facing Criticism.- Exploring Potentials.- Part IV - Rights of Nature in Practice.- Rights of Nature in Liberal Legal Systems.- Rights of Nature in International Law.- Conclusion.
