This paper introduces some of the main concepts and findings of a research study concluded in 2020 for the European Economic and Social Committee on the introduction of an EU Charter for the Fundamental Rights of Nature as a core foundational piece of the EU legislative framework. In that study we introduced new legal concepts designed to implement the principles of Earth Jurisprudence within amodern legal context through reframing how rights are construed and held in society. Since publication, there have been other papers written criticising a rights of Nature approach within the EU context -largely based on assumptions derived from existingrights of nature legislation in other parts of the world, rather than the specifics of our proposal. This paper will summarise the main points and proposals of the Study and address some of the main points raised by the critics.
Bagni, S., Ito, M., Montini, M. (2022). El Debate Sobre Los Derechos De La Naturaleza En El Contexto Jurídico Europeo. REVISTA CATALANA DE DRET AMBIENTAL, 13(1), 1-33 [10.17345/rcda3313].
El Debate Sobre Los Derechos De La Naturaleza En El Contexto Jurídico Europeo
Bagni, Silvia;Montini, Massimiliano
2022-01-01
Abstract
This paper introduces some of the main concepts and findings of a research study concluded in 2020 for the European Economic and Social Committee on the introduction of an EU Charter for the Fundamental Rights of Nature as a core foundational piece of the EU legislative framework. In that study we introduced new legal concepts designed to implement the principles of Earth Jurisprudence within amodern legal context through reframing how rights are construed and held in society. Since publication, there have been other papers written criticising a rights of Nature approach within the EU context -largely based on assumptions derived from existingrights of nature legislation in other parts of the world, rather than the specifics of our proposal. This paper will summarise the main points and proposals of the Study and address some of the main points raised by the critics.| File | Dimensione | Formato | |
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https://hdl.handle.net/11365/1229398
