Year: 2021
Type: book
Abstract: Currently, there is a debate in numerous places around the world whether rights of nature could be an adequate legal tool for dealing with the environmental crises of our time. This paper deals with the world's first constitutional recognition of such rights in the Ecuadorian Constitution of 2008 and takes a theoretical approach based in particular on postcolonial theories. It interprets these new rights as a hybrid right that provides general impulses for thinking about legal subjectivity and points in the direction of a participatory and inclusive model of rights that foregrounds the interdependencies and interrelatedness of legal subjects.
Author: Andreas Gutmann
Institution: Nomos Verlagsgesellschaft (Germany)
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W3186829150