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Vinsamlegast notið þetta auðkenni þegar þið vitnið til verksins eða tengið í það: http://hdl.handle.net/1946/31715

Titill: 
  • Titill er á ensku The rights of nature, an efficient novelty in international environmental law?
Námsstig: 
  • Meistara
Útdráttur: 
  • Útdráttur er á ensku

    The current environmental crisis is historical. The Earth is in critical shape, the sixth mass extinction might be happening. Nevertheless, the awareness humans have towards the degradation of nature is increasing and is translated by the adoption of numerous laws aiming at the protection of the environment. The dualistic vision of Western civilization has of nature, where the man is considering himself superior and detached to nature can explain the paradox situation with the increasing of environmental legislation and the continuous degradation of the environment. Indeed, this vision is characterized by an anthropocentric approach were nature is considered as a tool in the empowerment of man. The only laws aiming at the protection of the environment were focused on the increase of the power of man through private property or the economic valuation of nature. This vision has been observed in the multilateral environmental agreements were nature was seen as an externality that had to be taken in consideration in the research of economic growth. Therefore, the efficiency of those multilateral agreements was mitigated on a purely environmental aspect. Besides this classical approach of protection of the environment, several actors decided to innovate and tried to apply the rights of nature. Those rights have the particularity to grant to any living organism on Earth the right to live, to reproduce in order to create a balance between humans and nature and therefore, are a plausible alternative tool in the protection of the environment. Those rights could be applied at an international level in order to create a more efficient framework avoiding the destruction of the environment. Furthermore, with the Paris Agreement, modifying the modus operandi of international environmental law, granting more flexibility to State parties in the way to achieve the settled goals at a global level, this could represent an opportunity for the Countries applying rights to nature to make it globally known. By consequence, the Paris Agreements could be a breaking point in the possible application of the rights of nature at an international level. However, the alleged legal construction that are the rights of nature is being criticised, and its application might be jeopardized due to it. Therefore, alternatives to the application of those rights, seeking for the same results could be applied. Those alternatives are the Humans and Animals rights. The application of those rights could have the same beneficial consequences on the environment as does the rights of nature but they could also incubate the application of the right to nature. The vision humans have towards nature is changing, causing an evolution in the adoption of laws protecting the environment and thus, in a plausible application of the rights of nature.

Samþykkt: 
  • 5.9.2018
URI: 
  • http://hdl.handle.net/1946/31715


Skrár
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