Abstract Today, numerous constitutions provide for a rights-based approach to environmental protection. Based as they are on an instrumentalist rationality that seeks to promote human entitlements to nature, the majority of these rights remain anthropocentric. Although there are growing calls within academic and activist circles to reorient rights alongside an ecocentric ontology, only one country to date has taken the bold step to bestow rights on nature in its constitution. The Ecuadorian Constitution of...

In 2008, Ecuador became the first country to grant legal rights to nature. In this article, I examine how this happened. I show that while proponents of nature's rights acted during a key political moment, their efforts were successful due to the presence of environmentalist social movements that elevated the environmental agenda at the national level during prior decades, and due to the power of indigenous organizations and their call to recognize Ecuador as a “plurinational” polity, demanding respect...

Resumén El artículo reflexiona sobre las barreras para la aplicación de los derechos de la naturaleza, tanto estructurales como filosóficas y prácticas, y hace un balance crítico de su aplicación después de 10 años de su reconocimiento en la Constitución ecuatoriana. Se recogen las discusiones llevadas a cabo desde la sociedad civil sobrte el reconocimiento de “los otros” para sumarse a la propuesta de la necesidad de una Declaración y un tribunal por los DDNN.

In 2008, Ecuador became the first country in history to guarantee rights to nature, in its new constitution. This article tells the story of this extraordinary moment in constitutional history, presenting a detailed description of how these rights came about, why they appeared when and where they did, and what they mean to those concerned with this innovation.

To date, international processes associated with sustainable development have not led to an internationally legally binding framework that adequately addresses the challenges we face. 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 aims to look 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...

In 2008, Ecuador became the first country in the world to make nature a subject of constitutional rights, and they did so by invoking nature as la Pachamama, the Kichwa Mother Earth deity. This is a biocentric notion which challenges the modernist vision of nature as resources subject to human use, which could imply a fundamental transition in the human-nature relationship with implications far beyond the legal system. With this point of departure, the aim of this article is to explore how Ecuador’s...

El presente texto centra su análisis en las garantías jurisdiccionales de los derechos recogidos por la vigente Constitución ecuatoriana, de acuerdo con el desarrollo que de las mismas ha realizado la Ley Orgánica de Garantías Jurisdiccionales y Control Constitucional, de 21 de septiembre de 2009. Para cubrir tal objetivo, se parte de una breve introducción sobre el marco constitucional en el que dichas garantías encuentran asiento, desarrollando la definición contenida en su primer artículo...

Abstract The weaknesses of our environmental laws stem in large part from the fact that legal systems treat the natural world as property that can be exploited and degraded, rather than as an integral ecological partner with its own rights to exist and thrive. This article analyzes the recent rise of a new generation of environmental laws which reject the ‘false dogma’ of ‘humans over nature’ and instead recognize our interconnectedness with the natural world and acknowledge its rights to exist,...

In 2008, Ecuador became the world's first country to include rights of Nature (RoN) in its constitution. The constitution presents RoN as a tool for building a new form of sustainable development based on the Andean Indigenous concept sumak kawsay (buen vivir in Spanish), which is rooted in the idea of living in harmony with Nature. While much is written on the ethical arguments regarding RoN (and buen vivir), few studies analyze how RoN might be implemented. We fill this gap by explaining why some efforts...

Ecuador’s new constitution recognizes “rights of nature” and peoples’ right to benefit from the environment and natural resources that enhance the Buen Vivir (Quality of Life). The national plan for Buen Vivir calls for spatial planning to guarantee territorial and global environmental sustainability, increase people’s safety by minimizing the impact of natural hazards such as floods. Within this context, we analyzed opportunities for green infrastructure in Cuenca (Ecuador’s third largest...

Résumé La diversité biologique et ses composants, ce que l’on appelle souvent la nature, restent aujourd’hui des objets de droit, assortis de régimes juridiques très divers. Pourtant, de nombreuses lois et décisions de justice les dotent de qualités ou de régimes qui sont généralement réservés aux sujets de droit, introduisant un doute – et l’on peut parler, a minima , de situations hybrides. Cet article passe en revue toutes les situations limites : chez l’animal sa souffrance, son...

This article examines the tensions between constitutional rights, welfare politics and extractivism in Ecuador. In practice, the rights of nature risk being subordinated to other human values amidst strategic State interests in economic development and social programs, due to the government’s pragmatic approach toward environmental rights. The Ecuadorian Constitution of 2008 has been celebrated for being the most radical in the world regarding the specific rights of nature and the indigenous peoples. The...

Earth jurisprudence represents an alternative approach to the law based on the belief that nature has rights. In this view, a river has the right to flow, species have the right to continue to exist in the wild, and ecosystems have the right to adapt and evolve over time. Proponents of Earth jurisprudence argue that, by treating nature as exploitable resources, contemporary legal systems actively promote environmental harms. Recognising rights of nature, they argue, will transform core values and inspire...

Biodiversity is vital for the stability of the planet; its ecosystem services provide essential elements for our survival and well-being. This review analyzes the national biodiversity policies and describes the main strategies for biodiversity conservation in Ecuador, one of the “mega-diverse” countries in the world with the highest species density. It deepens an analysis of in-situ and ex-situ conservation processes. Ecuador has six clear policies for biodiversity conservation. These policies...

Abstract This article examines the concept of granting legal rights to nature as a strategy for more effective environmental protection in the era of the Anthropocene. Following decades of debate over the possibility and consequences of natural objects becoming legal rights holders, a number of countries have recently implemented rights of nature laws in their national legal systems. Comparing two of these examples – a constitutional amendment in Ecuador and recently transposed legislation in New Zealand...

In 2008, Ecuador became the first country in history to grant constitutional rights to nature. What is termed the indigenous symbol played a significant role in this event. The rights of nature are used as an occasion to interrogate the indigenous symbol in order to reveal what it does, as opposed to what it says. The account of the rights of nature originating in indigenous sensibilities is presented, and subsequently critiqued. The argument makes use of the notion of representative claim to show the...

Due to the great geodiversity of Ecuador, it is not easy to present specific criteria related to the actions and scope of the conservation of the geoheritage in this nation; however, despite what we might believe, in Ecuador, geoconservation is a pending, but not forgotten issue. The available legal and administrative tools can suggest the development of geo-conservation, as well as the correct application of strategies linked to planning processes. In fact, in Ecuador exist some initiatives with a wide...

In 2008, the Ecuadorian Constituent Assembly became the first juridical body in the world to legalize what Michel Serres might have called a 'natural contract.' With the assistance of the U.S.-based Community Environmental Legal Defense Fund, representatives at the Assembly in July of 2008 re-wrote their 1998 constitution to include a landmark series of articles delineating the rights of nature ― a notion long familiar to Indigenous communities in the Andean region, actively propagated by anthropologists...

An increasing number of court rulings and legislation worldwide are recognizing rights of nature to be protected and preserved. Recognizing these rights also entails the recognition that nature has the right to stand in court and to be represented for its defense. This is still an incipient field and every step taken in this direction constitutes a precedent from which to learn and on which to base new rulings and legislation initiatives. Within this doctrine, rivers seem to be on the spotlight and court...

In 2008, Ecuador adopted the world's first constitution recognizing the rights of nature. The status of nature was redefined to enable, ideally, legal interventions to protect ecosystems. This article examines the process through which rights of nature entered the Ecuadorian context by contextualizing the campaign to mobilize support for these constitutional changes launched by Fundación Pachamama, a nongovernmental organization close to indigenous and environmental movements. The collective action forms...

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Wild law or Earth Jurisprudence is an emerging theory of law and governance that seeks to evolve law in a fashion that recognises our relationship to the broader Earth community. In this article, the author introduces and articulates some fundamental concepts being developed by theorists in this area. The author also discusses the recent constitutional amendment in Ecuador that granted nature the right to exist, persist and flourish.

Ecuador’s recently adopted conflict resolution techniques have aggravated the always tense encounters between Amazonian indigenous communities, oil companies and the state. The state’s governmentality project portrays these socio-environmental conflicts as mere technical–managerial issues while societal coalitions re-politicize them through territorial defense struggles. The Cofán Dureno case highlights how the self-proclaimed ‘Citizen’s Revolution’ government seeks to redefine socio-natural...

The recognition of the rights of nature is currently being debated in the juridical, sociological, and ethical fields. In Ecuador and Bolivia the recognition of the rights of Pachamama (Mother Earth) began in the context of constitutional and legal amendments more than a decade ago. This process was articulated with proposals presented as alternatives to global capitalism related to the indigenous worldviews known as buen vivir or vivir bien. An exploration of these processes identifies a number of...

The Forest Law of Ecuador consists of 107 articles, whereas its regulations contain 269 articles. They are related to forestry resources, forestry patrimony protection, forests and vegetation, forest production and benefits, the control and mobilization of the forestry resources, research and capacitation, and the forestry industry protection; to natural areas, wild flora and fauna, their patrimony, conservation, and economic support; and to the violation of the law and its judgment.

The Substantive Side of the Story: towards an Implicit Recognition of the Intrinsic Value of Nature in the eu and its Substantive Rights -Ten Promising Steps Forward?Moving to the more substantive underpinnings of the nature's rights narrative, this section will take a look at the unlocked potential for the RoN rationale within the existing framework of eu primary and secondary environmental laws.In particular, attention is paid to recent case-law developments before the cjeu with respect to the...

Over the past decade, the debate on Rights of Nature as a promising novel discourse within the ever-changing context of environmental governance has gained considerable traction. An increasing number of countries, amongst whom New Zealand and Ecuador, has moved to explicitly grant legal personhood to nature, with some national courts following suit. Underlying this trend is the need to correct the prevailing instrumentalist approach to nature, which sees nature merely as an object. For now, the idea of...

Development politics in Ecuador has experienced major changes since the start of Correa’s presidency in 2007. Paralleling a regional trend, the state has become a central agent in the economy, particularly in extractive industries. Revenues accruing to the state from intensified usage of non-renewable resources have been central to the implementation of Correa’s political agenda. At the same time, constitutional changes introduced in 2008 have granted rights to nature and held the promise of increased...

Abstract Juridical protection of the rights of nature is steadily emerging in several legal systems and in public discourse. Building on a recent publication in Transnational Environmental Law in which we interrogated Ecuador’s constitutional experiment with the rights of nature, we critically reflect in this contribution on Bolivia’s legal regime providing for the rights of Mother Earth. We do so, first, by sketching the juridical-political context within which these statutes were drafted and adopted,...

This paper passes in review the different pieces of legislation and court judgments which were issued until now as regards rights of nature, and critically comments on their impact. In a first section, the legislation, including the constitutional texts of some countries, will be presented. In a second section, the implementation of the different measures will be discussed, also with a view, whether the EU could learn from the trend to give natural assets rights of their own. Short concluding remarks will...