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Rights of Nature in Practice: A Case Study on the Impacts of the Colombian Atrato River Decision

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  • Philipp Wesche

Abstract

In recent years, several countries have adopted a new legal approach to address ecological damages by granting fundamental rights to non-human natural entities. Yet, little is known about the actual impacts of this new constitutionalism of nature on environmental protection. This article seeks to better understand these impacts by presenting a case study of the Colombian Atrato River decision. Based on implementation reports and qualitative interviews with the river’s legal guardians and state officials, it argues that rights of nature can be an important impetus for change. However, at least in Colombia, their impacts relate less to legal standing of natural entities, as presumed in the literature, but rather to improvements in policymaking. To transform complex ecological crises in weak governance areas, strengthening local state institutions and integral environmental policies are more important than rights of nature. But they can play a role in this regard.

Suggested Citation

  • Philipp Wesche, 2021. "Rights of Nature in Practice: A Case Study on the Impacts of the Colombian Atrato River Decision," Journal of Environmental Law, Oxford University Press, vol. 33(3), pages 531-555.
    • Handle: RePEc:oup:envlaw:v:33:y:2021:i:3:p:531-555.
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    File URL: http://hdl.handle.net/10.1093/jel/eqab021
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    Cited by:

    1. Olga Martin-Ortega & Fatimazahra Dehbi & Valerie Nelson & Renginee Pillay, 2022. "Towards a Business, Human Rights and the Environment Framework," Sustainability, MDPI, vol. 14(11), pages 1-26, May.
    2. Louis J. Kotzé & Benoit Mayer & Harro van Asselt & Joana Setzer & Frank Biermann & Nicolas Celis & Sam Adelman & Bridget Lewis & Amanda Kennedy & Helen Arling & Birgit Peters, 2024. "Courts, climate litigation and the evolution of earth system law," Global Policy, London School of Economics and Political Science, vol. 15(1), pages 5-22, February.

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