Document Type : Article
Authors
1 PhD. Student in Public International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.
2 Department of public Law and International Law
Abstract
Abstract
By May 2023, over 30 countries have recognized the rights of nature or granted the legal personality to natural elements through more than 180 provisions incorporated in constitutional and ordinary laws, regulatory policies, and judicial decisions. While the way of institutionalizing the eco-centric approach of the rights of nature movement is consistent with the normative beliefs derived from the earth jurisprudence, these nations present differing answers in addressing some critical normative questions regarding which components of nature possess rights, what rights should be recognized, and who may advocate for or litigate to protect these rights on behalf of nature. Comparing Ecuador, Bolivia, the United States, New Zealand, and Colombia reveals two primary models to adopt an eco-centric approach, influenced by diverse legal systems, political structures, and socio-cultural contexts. However, in some cases, the definition or scope of the relevant rights in both models remain vague, posing challenges to protect these rights effectively.
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