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The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

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  • 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
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    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.
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    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.

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