“Having ‘ice’ do you not see?”: On glacier retreat, political awareness, legal measures and constitutional silences
Year: 2026
Type: article
Abstract: Glaciers are among the most visually striking and ecologically significant victims of anthropogenic climate change, yet they remain conspicuously absent from the constitutional frameworks designed to protect the environment. While environmental constitutionalism and the Rights of Nature movement have gained considerable traction globally, glaciers continue to be marginalized in constitutional texts, treated merely as ‘frozen water’ or subsumed under broader categories such as ‘environment’. This article examines this legal gap through a comparative analysis of glacier protection initiatives in Argentina, Chile, Ecuador, Bolivia, and Spain. It demonstrates that, despite advanced legislative measures (e.g., Argentina’s pioneering glacier law), initial constitutional awareness (e.g., Chile’s 2022 draft constitution), and specific and/or context-related legislative measures (Ecuador, Bolivia, Spain), the prevailing legal approach fails to capture the unique ecological, hydrological, and socio-cultural role of glaciers as dynamic entities essential to Earth system stability in the Anthropocene.
Author: Viola, Pasquale
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7214692425