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Rights of Nature to Protect Human Rights in Times of Environmental Crisis

Rights of Nature to Protect Human Rights in Times of Environmental Crisis

Susana Borràs
Copyright: © 2017 |Pages: 37
ISBN13: 9781522507239|ISBN10: 152250723X|EISBN13: 9781522507246
DOI: 10.4018/978-1-5225-0723-9.ch010
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MLA

Borràs, Susana. "Rights of Nature to Protect Human Rights in Times of Environmental Crisis." Defending Human Rights and Democracy in the Era of Globalization, edited by Christina Akrivopoulou, IGI Global, 2017, pp. 225-261. https://doi.org/10.4018/978-1-5225-0723-9.ch010

APA

Borràs, S. (2017). Rights of Nature to Protect Human Rights in Times of Environmental Crisis. In C. Akrivopoulou (Ed.), Defending Human Rights and Democracy in the Era of Globalization (pp. 225-261). IGI Global. https://doi.org/10.4018/978-1-5225-0723-9.ch010

Chicago

Borràs, Susana. "Rights of Nature to Protect Human Rights in Times of Environmental Crisis." In Defending Human Rights and Democracy in the Era of Globalization, edited by Christina Akrivopoulou, 225-261. Hershey, PA: IGI Global, 2017. https://doi.org/10.4018/978-1-5225-0723-9.ch010

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Abstract

The well-being of humans and nature are inextricably linked. Nature is particularly mistreated in light of its characterization as merely “property” to be bought, sold, and ultimately degraded for profit. Reinforcing this misperception is the fact that modern environmental laws themselves implicitly accept this claim of “nature as property.” They legalize nature's destruction by dictating how much of the environment can be exploited and degraded, rather than as an integral ecological partner with its own rights to exist and thrive. Instead, we need laws grounded in the inherent rights of natural world to exist, thrive, and evolve. The article focuses on the transition from the ‘right to the environment' to a biocentric approach constructed around ‘rights of nature.' This transition is evident in various new legal instruments, which serve as models for legal systems that can steer us towards more robust and effective environmental laws.

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