Year: 2026
Type: book-chapter
Abstract: This article is concerned with the theoretical origins and underpinnings of the rights of nature. 1 It will start with the various intellectual genealogies of this idea and practice in diverse contexts, before analyzing the conceptual issues that are at stake. Finally, it will show how these issues are key to understanding the breadth of present and future cases. It will use practical examples of rights of nature selectively, in order to illustrate conceptual elements. It is therefore not to be read as an exhaustive analysis of the practical implementation of the rights of nature, but as an elaboration of the key conceptual elements that are present, to a greater or lesser extent, in many cases. The organizing thesis of this contribution is that the rights of nature, in these early stages of their development, have promising yet often con icting conceptual components. It would help, therefore, to examine them more critically in light of future implementation. This does not mean that the arguments presented here foreclose future conceptual analysis. Quite on the contrary, this is but a step towards the necessary and continuous interrogation of this new legal and political practice.
Source: ORBi UMONS
Author: Tanasescu, Mihnea
Institution: University of Mons
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7212197354