Complementarity of Environmental Rights of Human and Nature: Conceptual Measurement of Environmental Law within the Framework of the International System and Environmental Policy of the Russian Federation
Year: 2026
Type: article
Abstract: Introduction . The concept of “rights of nature” is gaining popularity and being accentuated in the legal systems of various states. Analysis of foreign experience in the recognition and consolidation of the rights of nature creates a synergistic relationship between human rights to a safe environment and environmental rights of the Earth, which acts as a catalyst for practical actions on the part of mankind aimed at maintaining and protecting nature. In this regard, the purpose of the study is to find the optimal model of synergistic coordination of human rights and nature, taking into account the environmental, anthropological and axiological differences of society. Materials and Methods . The methodological framework of the research is based on the data of the International Monitoring of Environmental Jurisprudence, the European project Horizon H2020, the European Green Pact, legislative documents of the countries of Europe, South and North America. Assessment of domestic and foreign environmental solutions reveals advantages and disadvantages of the studied approach in the field of environmental management. Modeling and forecasting allow us to systematize successful foreign experience and identify ways to improve the environmental policy of the Russian Federation. Results . Analysis of specific normative approaches to the definition and implementation of environmental law in the environmental policy of different countries makes it possible to determine the value of the concept under study, as well as a number of practical grounds (methods of implementation, recognition of responsible parties, determination of the legal standing of nature) that regulate human and environmental relations. The study of environmental approaches to the legal protection of nature, implemented on the territory of the Russian Federation, makes it possible to redefine the concept of Earth’s rights and highlight sustainable legal solutions to pressing environmental problems. Discussion and Conclusion . Having carried out the comparative analysis of the effectiveness of foreign experience in implementing environmental policy, taking into account numerous manifestations of nature rights: at the level of constitutional and legislative changes, regulatory decisions, court decisions, private environmental projects, etc., it was concluded that it is necessary to develop the concept of environmental jurisprudence in Russia with the development of provisions on the legal standing of nature.
Author: Nadezhda A. Kovtun
Institution: Don State Technical University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7167272921