Rights of Nature in National Law
摘要
Since the beginning of the twenty-first century, rights of nature approaches have emerged within the national legal systems of a growing number of states. While these approaches vary considerably in their specific legal design, they share certain commonalities that reflect a broader philosophical understanding of nature and its relationship with humankind. Theoretical discussions on rights of nature, rooted in diverse worldviews, have long preceded these legal developments. This chapter outlines the main theoretical approaches to rights of nature in national law, with particular emphasis on the integration of indigenous cosmovision into domestic legal frameworks. It then turns to a comparative analysis of how rights of nature have been implemented in various national jurisdictions. As will be shown, these national approaches differ in terms of legal frameworks, rights-holders, mechanisms of representation and modes of recognition. Nevertheless, this chapter demonstrates that it is possible to identify a set of key features that define rights of nature in a broader sense.