Work

Rights of Nature in Practice: A Case Study on the Impacts of the Colombian Atrato River Decision

Year: 2021

Type: article

Abstract: In recent years, several countries have adopted a new legal approach to address ecological damages by granting fundamental rights to non-human natural entities. Yet, little is known about the actual impacts of this new constitutionalism of nature on environmental protection. This article seeks to better understand these impacts by presenting a case study of the Colombian Atrato River decision. Based on implementation reports and qualitative interviews with the river’s legal guardians and state officials, it argues that rights of nature can be an important impetus for change. However, at least in Colombia, their impacts relate less to legal standing of natural entities, as presumed in the literature, but rather to improvements in policymaking. To transform complex ecological crises in weak governance areas, strengthening local state institutions and integral environmental policies are more important than rights of nature. But they can play a role in this regard.

Source: Journal of Environmental Law

DOI: 10.1093/jel/eqab021

Author: Philipp Wesche

Institutions: Organization of American States, Tilburg University

Language: English

Topic: Environmental law and policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Life on land

Open Access status: hybrid

Estimated APC paid: $3,896