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Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
Given the urgency there is to prevent and mitigate the negative impacts that human activities have on the environment and the lack of effectiveness of the traditional approaches to do so, some advocate for granting rights to nature. The biggest majority of those advocates associate granting rights to nature to a quite revolutionary proposal that is to make nature or one of its components, a juridical person. The idea behind is that nature could via those new rights better defend itself - through a human representative - like any human being. This radical proposition was first suggested in the 1970s and its feasibility has been tested in some countries since the 2000s. This article offers an analysis of the benefits and the limits of that proposition in the context of environmental damages restoration, by reviewing several court cases internationally. It reveals that apart from its attractiveness, many questions remain about the content and scope of that proposal of granting rights to nature, including a clear definition of nature and the way to handle conflicts that could emerge between nature’s rights and human rights. Consequences of granting rights to nature remain largely unknown and could actually reveal themselves to be detrimental to human societies and counterproductive; it is necessary to further study those. In the particular context of France, it is further more necessary as a new type of “ecological prejudice” has been introduced in 2016 and could potentially be a powerful regulation for implementing rigorous environmental damages restoration measures.
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
Given the urgency there is to prevent and mitigate the negative impacts that human activities have on the environment and the lack of effectiveness of the traditional approaches to do so, some advocate for granting rights to nature. The biggest majority of those advocates associate granting rights to nature to a quite revolutionary proposal that is to make nature or one of its components, a juridical person. The idea behind is that nature could via those new rights better defend itself - through a human representative - like any human being. This radical proposition was first suggested in the 1970s and its feasibility has been tested in some countries since the 2000s. This article offers an analysis of the benefits and the limits of that proposition in the context of environmental damages restoration, by reviewing several court cases internationally. It reveals that apart from its attractiveness, many questions remain about the content and scope of that proposal of granting rights to nature, including a clear definition of nature and the way to handle conflicts that could emerge between nature’s rights and human rights. Consequences of granting rights to nature remain largely unknown and could actually reveal themselves to be detrimental to human societies and counterproductive; it is necessary to further study those. In the particular context of France, it is further more necessary as a new type of “ecological prejudice” has been introduced in 2016 and could potentially be a powerful regulation for implementing rigorous environmental damages restoration measures.
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
Juliette Rouleau (Autor:in) / Loraine Roy (Autor:in) / Benoit Boutaud (Autor:in)
2020
Aufsatz (Zeitschrift)
Elektronische Ressource
Unbekannt
environment , restoration , law , nature , protection , representation , Environmental sciences , GE1-350
Metadata by DOAJ is licensed under CC BY-SA 1.0
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
| DOAJ | 2020
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
| DOAJ | 2020
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
| DOAJ | 2020
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
| DOAJ | 2020
Accorder des droits à la nature : des retours d’expérience qui invitent à la prudence
| DOAJ | 2020