IDEAS home Printed from https://ideas.repec.org/a/gam/jsusta/v8y2016i2p174-d63948.html
   My bibliography  Save this article

The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

Author

Listed:
  • Nathalie Rühs

    (Global Sustainability Institute, Anglia Ruskin University, East Road, Cambridge CB1 1PN, UK)

  • Aled Jones

    (Global Sustainability Institute, Anglia Ruskin University, East Road, Cambridge CB1 1PN, UK)

Abstract

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 ontology to a more Earth-centered one. We 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, we also examine in detail the case study of the constitution of Ecuador where the rights of nature have been codified. We outline some of the key issues involved in this proposed approach to new legal frameworks and make recommendations for future research.

Suggested Citation

  • Nathalie Rühs & Aled Jones, 2016. "The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature," Sustainability, MDPI, vol. 8(2), pages 1-19, February.
    • Handle: RePEc:gam:jsusta:v:8:y:2016:i:2:p:174-:d:63948
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2071-1050/8/2/174/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2071-1050/8/2/174/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Chris Jeffords & Lanse Minkler, 2016. "Do Constitutions Matter? The Effects of Constitutional Environmental Rights Provisions on Environmental Outcomes," Kyklos, Wiley Blackwell, vol. 69(2), pages 294-335, May.
    2. Simon L. Lewis & Mark A. Maslin, 2015. "Defining the Anthropocene," Nature, Nature, vol. 519(7542), pages 171-180, March.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Rachel Bustamante, 2023. "Beyond Protection: Recognizing Nature’s Rights to Conserve Sharks," Sustainability, MDPI, vol. 15(9), pages 1-18, April.
    2. Liliana Lizarazo-Rodriguez, 2021. "The UNGPs on Business and Human Rights and the Greening of Human Rights Litigation: Fishing in Fragmented Waters?," Sustainability, MDPI, vol. 13(19), pages 1-25, September.
    3. Robin Eagle & Aled Jones & Alison Greig, 2017. "Localism and the environment: A critical review of UK Government localism strategy 2010–2015," Local Economy, London South Bank University, vol. 32(1), pages 55-72, February.
    4. Johannes M Waldmüller & Mandy Yap & Krushil Watene, 2022. "Remaking the Sustainable Development Goals: relational Indigenous epistemologies [Assessing national progress and priorities for the Sustainable Development Goals (SDGs): Experience from Australia]," Policy and Society, Darryl S. Jarvis and M. Ramesh, vol. 41(4), pages 471-485.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Tironi, Martín & Rivera Lisboa, Diego Ignacio, 2023. "Artificial intelligence in the new forms of environmental governance in the Chilean State: Towards an eco-algorithmic governance," Technology in Society, Elsevier, vol. 74(C).
    2. Indra de Soysa, 2022. "Economic freedom vs. egalitarianism: An empirical test of weak & strong sustainability, 1970–2017," Kyklos, Wiley Blackwell, vol. 75(2), pages 236-268, May.
    3. Feng, Rundong & Wang, Kaiyong, 2022. "The direct and lag effects of administrative division adjustment on urban expansion patterns in Chinese mega-urban agglomerations," Land Use Policy, Elsevier, vol. 112(C).
    4. Jennifer B Tennessen & Marla M Holt & Brianna M Wright & M Bradley Hanson & Candice K Emmons & Deborah A Giles & Jeffrey T Hogan & Sheila J Thornton & Volker B Deecke, 2023. "Divergent foraging strategies between populations of sympatric matrilineal killer whales," Behavioral Ecology, International Society for Behavioral Ecology, vol. 34(3), pages 373-386.
    5. Felipe Vásquez & Gibran Vita & Daniel B. Müller, 2018. "Food Security for an Aging and Heavier Population," Sustainability, MDPI, vol. 10(10), pages 1-19, October.
    6. Marco Filippo Torchio & Umberto Lucia & Giulia Grisolia, 2020. "Economic and Human Features for Energy and Environmental Indicators: A Tool to Assess Countries’ Progress towards Sustainability," Sustainability, MDPI, vol. 12(22), pages 1-19, November.
    7. Joseph Ching & Mizuo Kajino, 2020. "Rethinking Air Quality and Climate Change after COVID-19," IJERPH, MDPI, vol. 17(14), pages 1-11, July.
    8. Cecília Szigeti & Zoltán Major & Dániel Róbert Szabó & Áron Szennay, 2023. "The Ecological Footprint of Construction Materials—A Standardized Approach from Hungary," Resources, MDPI, vol. 12(1), pages 1-15, January.
    9. Ove Eriksson, 2016. "Historical and Current Niche Construction in an Anthropogenic Biome: Old Cultural Landscapes in Southern Scandinavia," Land, MDPI, vol. 5(4), pages 1-17, November.
    10. Minkler, Lanse & Prakash, Nishith, 2017. "The role of constitutions on poverty: A cross-national investigation," Journal of Comparative Economics, Elsevier, vol. 45(3), pages 563-581.
    11. Rachel Mazac & Hanna L. Tuomisto, 2020. "The Post-Anthropocene Diet: Navigating Future Diets for Sustainable Food Systems," Sustainability, MDPI, vol. 12(6), pages 1-15, March.
    12. Li, Xiaoliang & Wu, Kening & Yang, Qijun & Hao, Shiheng & Feng, Zhe & Ma, Jinliang, 2023. "Quantitative assessment of cultivated land use intensity in Heilongjiang Province, China, 2001–2015," Land Use Policy, Elsevier, vol. 125(C).
    13. Feng Kong & Shao Sun, 2021. "Better Understanding the Catastrophe Risk in Interconnection and Comprehensive Disaster Risk Defense Capability, with Special Reference to China," Sustainability, MDPI, vol. 13(4), pages 1-11, February.
    14. Stefano Bianchini & Giacomo Damioli & Claudia Ghisetti, 2023. "The environmental effects of the “twin” green and digital transition in European regions," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 84(4), pages 877-918, April.
    15. Eva Michaeli & Vladimír Solár & Matúš Maxin & Jozef Vilček & Martin Boltižiar, 2021. "The Nature of the Technosols on the Waste from Nickel Production," Sustainability, MDPI, vol. 13(1), pages 1-14, January.
    16. Thibaud Gruber & Lydia Luncz & Julia Mörchen & Caroline Schuppli & Rachel L. Kendal & Kimberley Hockings, 2019. "Cultural change in animals: a flexible behavioural adaptation to human disturbance," Palgrave Communications, Palgrave Macmillan, vol. 5(1), pages 1-9, December.
    17. Zhiting Chen & Qing Ren & Tian Zhang & Zhewen Kang & Xiaoyan Huang & Peng Li & Xiaohu Dang & Xiaoshu Cao & Mingjiang Deng, 2022. "Spatiotemporal Dynamics of the Human Critical Area (HCA) in the “Three Water Lines” Region of Northwest China and the Impact of Socioeconomic Factors between 2000 and 2020," Sustainability, MDPI, vol. 14(9), pages 1-20, May.
    18. Garrath T. Wilson & Tracy Bhamra, 2020. "Design for Sustainability: The Need for a New Agenda," Sustainability, MDPI, vol. 12(9), pages 1-8, April.
    19. Paula Botella & Salvador Baena-Morales & Olalla García-Taibo & Alberto Ferriz-Valero, 2022. "Effects of Self-Construction of Materials on the Ecological Awareness of Physical Education Primary School Students," IJERPH, MDPI, vol. 19(21), pages 1-13, October.
    20. Lomas, Pedro L. & Giampietro, Mario, 2017. "Environmental accounting for ecosystem conservation: Linking societal and ecosystem metabolisms," Ecological Modelling, Elsevier, vol. 346(C), pages 10-19.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jsusta:v:8:y:2016:i:2:p:174-:d:63948. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.