The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature
New publication by Nathalie Rühs & Aled Jones, Global Sustainability Institute
Rühs, N & Jones A (2016): The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature. Sustainability, Vol. 8, 174.
Nathalie Rühs and CUSP Co-Investigator Aled Jones from the Global Sustainability Institute argue in their latest paper, that to date, international processes associated with sustainable development have not led to an internationally legally binding framework that adequately addresses the challenges of today. Human influence on the planet has led to the adoption, although not universally accepted, of the term Anthropocene to define our new relationship with nature.
This paper looks at the role and rule of law in the making of society and, more importantly, the arguments for a shift in the paradigm from an Anthropocentric ontology to a more Earth-centered one. The authors critique the current approach to sustainable development and environmental protection, review arguments on the Rights of Nature and explore the potential for the concept of Earth Jurisprudence building on current literature.
In particular, the paper outlines that a constitutional right of nature is needed to address the challenges that we now face globally. To this end, Rühs and Jones examine in detail the case study of the constitution of Ecuador where the rights of nature have been codified. The paper outlines some of the key issues involved in this proposed approach to new legal frameworks and make recommendations for future research.
The full paper is available for download on MDPI – Open Access Publishing, and can be accessed for free.