Year: 2026
Type: article
Abstract: In Latin America, only Bolivia and Ecuador have managed to enshrine the principles and objectives of the green transition in their constitutions, linked to the recognition of the rights of Mother Earth. This has broken with the genealogical structure of the Roman legal system and established a direct proportional relationship with the rights of indigenous peoples. They have succeeded in building a sustainable constitutionalism and jurisprudence aligned with the recognition of the rights of Mother Earth within the framework of “Living Well” (Buen Vivir). This framework grants the State powers to promote, protect, and defend the recognized rights to land and biodiversity. However, in practice, these rights clash with corporate interests that override their own and establish mechanisms of fragmentation that delay the implementation of these rights to the point of violating them, to the detriment of future generations. This situation creates a dilemma between the relevance of judicial decisions and the dynamics of development.
Author: Juan David Alarcón Morales
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7167735508