Nature Rights: the Amazon River Commands Life
Year: 2019
Type: article
Abstract: The Amazon River is a natural object whose waters command the life of ecosystems and communities in the Pan-Amazon. The Amazonian waters maintain the life of a diversity of ecosystems, which present vast animal and vegetal species, that depend on the integrity of the Amazon river to exist. It is not different the relationship of traditional peoples and indigenous communities with the shared Amazonian waters, since they ancestrally depend on the river and, culturally, have a relation of existence, live in and of their waters, respecting and harmoniously integrating the Amazon, many years ago and generations. The objective of the research was to analyze the recognition of the Rights of Nature in the face of global climate collapse and the ineffectiveness of the international norms that protect the environment. The method of deductive research and bibliographic research techniques was used. It is concluded that the legal protection of the Amazon River is possible, as an environment good, subject of biocultural rights, due to the existence of laws, constitutions and decisions of similar global Constitutional Courts, based on the Biodiversity Convention and it’s recognition as intangible cultural heritage. To this end, the Amazon Cooperation Treaty must be interpreted in accordance with the biotic legal principles of the Convention on Biological Diversity. And the Amazon River, in view of the traditions, social practices and rituals of the communities that live along its banks, must be recognized as intangible cultural heritage, for its natural grandeur and for the cultural diversity that exists in it and it is part of it: the river, it’s us, we’re the river.
Source: Figshare
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6902435643