Breaking Free from Mining: a 2050 Blueprint for a World Without Mining – on Land and in the Deep Sea
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1 Coalition Appears Before Ecuador's Constitutional Court in Possible
Coalition Appears Before Ecuador’s Constitutional Court in Possible Historic Rights of Nature Case FOR IMMEDIATE RELEASE: October 19, 2020 QUITO, ECUADOR—Today, a coalition of environmental organizations appeared as amicus curiae before Ecuador's Constitutional Court to seek a robust application of the "Rights of Nature" in order to save the Los Cedros protected forest. Los Cedros is an immensely biodiverse Andean cloud forest that is under threat from recent mining concessions to state mining company ENAMI and its Canadian partners, Cornerstone Capital Group and BHP. These mining concessions now cover two-thirds of the reserve, threatening several imperiled species with extinction. In 2008, Ecuador became the first country in the world to constitutionally recognize the Rights of Nature, thereby establishing that Nature possesses certain basic rights, just as humans do. The Los Cedros case is the first time the Constitutional Court will address the Rights of Nature head on, making it a possible landmark ruling. “Ecuador has inspired a global movement to recognize Nature’s rights, but now it must become effective in practice to protect and restore ecosystems,” said Carla Cardenas, an Ecuadorian lawyer and Law and Policy Associate at Earth Law Center. “Today, our coalition presented a blueprint for Ecuador to enforce the Rights of Nature in a strong and practical manner.” "The Constitutional Court has a responsibility to represent the voice of Nature in the Los Cedros case," said Natalia Green, co-founder and Executive Committee member of -
WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights : Sustaining the Foundations of Life
WWF Contribution to the Thematic Report of the UN Special Rapporteur on Healthy Ecosystems and Human Rights : Sustaining the foundations of life Introduction The report of the Special Rapporteur on Human rights and associated obligations related to healthy biodiversity and ecosystems comes at a critical juncture. The COVID19 pandemic has more clearly than ever revealed the deep faults in our global economies and societies: both our staggering inequities and our dangerously unbalanced relationship with nature. We have an opportunity to build a green and just recovery. Ensuring global recognition of the tight bond between human rights and environmental health can leverage the sustainable decisions and actions we need to achieve that. This WWF contribution to the Special Rapporteur’s report aims to support that ambition, one we are equally committed to. It includes contributions from multiple offices across the WWF network.1 Responses to the Special Rapporteur’s questions on healthy ecosystems and human rights. Q.1: Please provide examples of ways in which declining biodiversity and degraded ecosystems are already having adverse impacts on human rights. Declining biodiversity and degraded ecosystems have far reaching and diverse impacts on human rights across the world. Nature degradation, declining natural spaces and degradation of water catchment areas greatly impact the right to a clean and healthy environment and the right to clean water (Examples in Annex: Kenya, Australia, Brazil, Argentina). Declining wildlife populations and destructive fishing practices threaten the right to food and food security for communities whose livelihoods depend on biodiversity (Example in Annex: Malaysia); poaching and unrest can have severe impacts on the security of communities and indigenous populations (Example in Annex: DRC). -
Earth Jurisprudence: the Moral Value of Nature, 25 Pace Envtl
Pace Environmental Law Review Volume 25 Article 1 Issue 2 Summer 2008 June 2008 Earth Jurisprudence: The orM al Value of Nature Judith E. Koons Follow this and additional works at: http://digitalcommons.pace.edu/pelr Recommended Citation Judith E. Koons, Earth Jurisprudence: The Moral Value of Nature, 25 Pace Envtl. L. Rev. 263 (2008) Available at: http://digitalcommons.pace.edu/pelr/vol25/iss2/1 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Environmental Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. PACE ENVIRONMENTAL LAW REVIEW Volume 25 Summer 2008 Number 2 ARTICLES Earth Jurisprudence: The Moral Value of Nature JUDITH E. KOONS* There are times in our lives, particularlyas we grow older, when the long arm of the horizon becomes our teacher.1 I. INTRODUCTION Earth Jurisprudence is an emerging field of law that calls us to pause as we enter the twenty-first century to consider the ground under our feet and the teachings bearing down on us from the horizon. 2 As planetary environmental crises advance toward * Associate Professor of Law, Barry University School of Law, Orlando, Florida. B.A., J.D., University of Florida, M.T.S., Harvard Divinity School. Copyright, Judith E. Koons, 2007. I offer my gratitude to Thomas Berry for his long life of soulful work and natural wisdom; to Sr. Pat Siemen, O.P., J.D., for her devotion to the call to "wear out rather than rust out"; to Julie Perry for her passionate and talented research assistance; to Pat Tolan and Eric Hull for their helpful comments; to the many ear- nest thinkers whose work graces this article; and to Earth for continuing to count us among her own. -
Study Guide for the Rights of Nature Proposal Prepared by Rev
Study Guide for The Rights of Nature Proposal Prepared by Rev. Dr. Bob Shore-Goss [email protected] "We are talking only to ourselves. We are not talking to the rivers, we are not listening to the wind and stars. We have broken the great conversation. By breaking that conversation we have shattered the universe. All the disasters that are happening now are a consequence of that spiritual 'autism.'" ~ Thomas Berry Summary: Pope Francis claims, “A true ‘right of the environment’ does exist.” There has been an international movement for the Rights of Nature in the last several decades. For the proposal before you, this serves as a brief study guide of the background. The proposal attempts to link the UCC with this movement that includes environmentalists, environmental Christian ethicists, indigenous peoples worldwide, international organizations that produced the Earth Charter, the Charter of Compassion, and the Parliament of World Religions. No Christian denomination (no world religion, outside indigenous spiritualities) have adopted a statement of faith and prophetic witness that explicitly claims Rights for Nature. There have lists of such rights by Stillheart Declaration and individual Christian ethicists. That is the last section of this study guide. Individual Christian liberation theologians such as the Brazilian Leonardo Boff, Sallie McFague, Thomas Berry, and others have recognize our human responsibility to notion of distributive justice (a fair share of Earth resources and goods for humanity, the more than human life, and bio-regions, and the Earth herself) to nature, living in a wholesome environment, eating well, enjoying a living space, sharing equitably and co-living with Nature, and ultimately respecting the intimate connection of human and the Earth community of life. -
Can Nature Have Rights? Legal and Political Insights
E CAN NATURE HAVE RIGHTS? Legal and Political Insights Edited by Anna Leah Tabios Hillebrecht María Valeria Berros Transformations in Environment and Society 2017 / 6 RCC Perspectives: Transformations in Environment and Society is an open-access publication that exists to record and reflect the activities of the Rachel Carson Center for Environment and Society. The journal provides a forum for examining the interrelationship between environmen- tal and social changes and is designed to inspire new perspectives on humanity and the wider world. RCC Perspectives aims to bridge the gap between scholarly and non-scholarly audiences and encourage international dialogue. All issues of RCC Perspectives are available online. To view past issues, please visit www.environmentandsociety.org/perspectives. This issue: doi.org/10.5282/rcc/8164issues of RCC Perspectives are available online. To view past issues, please visit www.environmentandsociety.org/perspectives. Can Nature Have Rights? Legal and Political Insights edited by Anna Leah Tabios Hillebrecht María Valeria Berro s RCC Perspectives Transformations in Environment and Society 2017 / 6 Can Nature Have Rights? 3 Contents 5 Introduction Anna Leah Tabios Hillebrecht and María Valeria Berros Towards a Non-Anthropocentric Understanding of Nature 9 Who Needs Rights of Nature? Jens Kersten 15 Disrobing Rights: The Privilege of Being Human in the Rights of Nature Discourse Anna Leah Tabios Hillebrecht 21 Rights of Nature and the Precautionary Principle Atus Mariqueo-Russell Rights of Nature in Present-Day -
Foundations for Sustainable Development: Harmonizing Islam, Nature and Law
Pace University DigitalCommons@Pace Dissertations & Theses School of Law 7-2017 Foundations for Sustainable Development: Harmonizing Islam, Nature and Law Norah bin Hamad Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawdissertations Part of the Comparative and Foreign Law Commons, Environmental Law Commons, International Law Commons, and the Natural Resources Law Commons Recommended Citation Norah bin Hamad, Foundations for Sustainable Development: Harmonizing Islam, Nature and Law (July 2017) (SJD dissertation, Elisabeth Haub School of Law at Pace University), http://digitalcommons.pace.edu/lawdissertations/20/. This Dissertation is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Dissertations & Theses by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. FOUNDATIONS FOR SUSTAINABLE DEVELOPMENT: HARMONIZING ISLAM, NATURE AND LAW A dissertation submitted to the Faculty in partial fulfillment of the requirements for the degree of Doctorate in Judicial Studies (S.J.D.) in environmental law at the Elisabeth Haub School of Law at Pace University By Norah bin Hamad Under the supervision of Nicholas A. Robinson, University Professor on the Environment and Gilbert and Sarah Kerlin Distinguished Professor of Environmental Law Emeritus Draft Date: July 19, 17 i ABSTRACT Human society is weakening Earth’s environment, its only home. In 2015, nations agreed on a new set of Sustainable Development Goals (SDGs) to guide restoring and sustaining the wellbeing of peoples everywhere. If the SDGs are to succeed, all cultural and religious communities will need to urgently implement them. -
Toward the Universal Declaration of Rights of Nature Thoughts for Action
Toward the Universal Declaration of Rights of Nature Thoughts for action Alberto Acosta1 Article for the AFESE journal 24 August, 2010 "Nature still has much to say and it is high time we, its children, stopped playing deaf. And maybe even God will hear the call coming from this Andean country Ecuador and add the eleventh commandment forgotten in the instructions given to us from Mount Sinai, “Thou shalt love Nature, of which thou art part”." Eduardo Galeano (18 April, 2008) The materialistic –mechanistic and endless—accumulation of goods considered as progress has no future. The limits implicit in the lifestyles based on the ideological vision of anthropocentric progress are increasingly marked and a cause for concern. If we want the absorption capacity and resilience of the earth not to collapse, we must stop considering natural resources a condition for economic growth or a mere object of development policies. Additionally, we should accept that mankind is crystallized within a community context, together and as related to other human beings, as an integral part of Nature, without intending to dominate it. This leads us to accept that Nature, being a social construct, that is, as a term conceptualized by humans, must be wholly reinterpreted and revised if we intend to preserve the life of human beings on the planet. To begin any reflection, let us accept that mankind is not outside Nature and that Nature has its limits. We must admit, without denying science's valuable contributions, that the voracity to amass resources the capitalist system has forced human societies to subordinate Nature; although we cannot ignore several pre-capitalist cases of downfall of entire societies as a result of disrespecting Nature (Diamond 2006). -
The Environment and Natural Rights
THE ENVIRONMENT AND NATURAL RIGHTS A Thesis submitted to the College of Graduate Studies and Research in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Philosophy, University of Saskatchewan, Saskatoon, Canada. By Uchenna W. Osigwe © Copyright Uchenna Osigwe, November 2004, All Rights Reserved. Permission to use In presenting this thesis in partial fulfillment of the requirements for a Postgraduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done. It is understood that any copying or publication or use of this thesis or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis. Requests for permission to copy or to make other use of material in this thesis in whole or part should be addressed to: Head of the Department of Philosophy University of Saskatchewan Saskatoon, Saskatchewan S7N 5A5 i ABSTRACT The argument advanced is this thesis is that the entities that make up the environment are those that do not owe their origin to any willful creative activity but have evolved through accidental natural processes. -
Booklet-Symposium-English
INTERNATIONAL RIGHTS OF NATURE SYMPOSIUM: CONMEMORATION OF THE 10TH ANNIVERSARY OF RIGHTS OF NATURE IN ECUADOR SEPTEMBER 27TH and 28TH, 2018 UNIVERSIDAD SIMÓN BOLÍVAR QUITO-ECUADOR INFORMATIVE BOOKLET AGENDA International Rights of Nature Sympoisum Paraninfo Universidad Andina Simón Bolívar Wednesday, September 26th Room E-51, Building “Espejo” (5th floor), Universidad Andina Simón Bolívar 19:00-21:00: Movie Screening - “The Rights of Nature: A Global Movement”, with comments from María Valeria Berros (Argentina) Thursday, Sept 27th Paraninfo, Universidad Andina Simón Bolívar INTERNATIONAL RIGHTS OF NATURE SYMPOSIUM 8:30-9:00: Registration 8:45-9:30: Opening Indigenous Ceremony • Tom Goldtooth – (IEN, Turtle Island/USA) • Alberto Taxo – (Ecuador) • Zoila Castillo – (Ecuador) • Alberto Ruz & Verónica Sacta (Derechos de la Madre Tierra, Mexico) 9:30-10:00: Opening of Symposium • César Montaño (Dean, UASB) • Natalia Greene (CEDENMA/GARN, Ecuador) • Andrés Terán (Vice-Chancellor of the Republic of Ecuador) 10:00-11:10: Panel 1 – The Rights of Nature: A proposal for civilization change Moderator: Osprey Orielle Lake (Women’s Earth & Climate Action Network, WECAN, USA) • Cormac Cullinan (Wild Law Institute, South Africa) • Alberto Acosta (Economist, Ecuador) • Rocío Silva Santisteban (Professor, Peru) • Pablo Solón (Fundación Solón, Bolivia) • Esperanza Martínez (Acción Ecológica, Ecuador) 11:10-11:20: Break 11:20-13:00: Roundtable 1 – Rights of Nature Movement in the world Moderators: José Rivadeneira (CEDENMA, Ecuador) & Fiona Wilton (GAIA, -
1 Testing Ecuador's Rights of Nature
Testing Ecuador’s Rights of Nature: Why Some Lawsuits Succeed and Others Fail Craig M. Kauffman and Pamela L. Martin Paper Presented at the International Studies Association Annual Convention Atlanta, GA, March 18, 2016 For eight years, scholars have celebrated Ecuador’s auspicious move to include rights of Nature (RoN) in its 2008 Constitution. The constitution pledges to build a new form of sustainable development based on the Andean Indigenous concept of sumak kawsay (buen vivir in Spanish), which is rooted in the idea of living in harmony with Nature. The Preamble “celebrates” Nature (Pachamama) and presents a guiding principle for the new development approach: that humans are part of Nature, and thus Nature is a vital part of human existence.1 Ecuador’s constitution presents buen vivir as a set of rights for humans, communities, and Nature, and thus portrays RoN as a tool for achieving sustainable development. While much is written on the ethical arguments regarding RoN (and buen vivir), very few studies analyze how RoN might be implemented. This paper begins to fill the gap by analyzing the application of RoN in Ecuador, the world’s first country to grant Nature constitutional rights. These rights immediately conflicted with the Ecuadorian government’s plans to expand large- scale mining and oil extraction to finance development projects. Numerous lawsuits were filed to protect Nature’s rights, including from economic development projects. Given the State’s plan to fuel economic growth through increased extractivism, including in fragile and protected ecological areas, Ecuador constitutes a “hard case” for implementing RoN. This paper presents a conceptual framework for understanding the tools and pathways through which Ecuador’s RoN are applied in practice and the reasons why these rights are upheld in some cases and not others. -
The International Crime of Ecocide the INTERNATIONAL CRIME of ECOCIDE
Gray: The International Crime of Ecocide THE INTERNATIONAL CRIME OF ECOCIDE MARK ALLAN GRAY* INTRODUCTION And I have felt A presence that disturbs me with the joy Of elevated thoughts; a sense sublime Of somethingfar more deeply interfused, Whose dwelling is the light of setting suns, And the round ocean and the living air, And the blue sky, and in the mind of man ...Therefore am I still A lover of the meadows and the woods, And mountains; and of all that we behold From this green earth William Wordsworth From earliest times, humans have demonstrated a remarkable capacity to subdue and alter their physical environment. What began as a struggle for survival became a predominance among living things, then, in wealthier societies, a relentless drive for comfort and pleasure. Even, perhaps especially, in less-developed countries (LDCs), where for many survival remains a struggle, the conquest of nature proceeds apace. "Development" is now a worldwide synonym for progress.' It is therefore ironic that the scope and effects of human activity actually threaten our survival as a species. Scientists and politicians cannot agree on the precise causes and implications of, let alone solutions to, such internation- al catastrophes as ozone layer depletion, global warming and species extinction. There is nevertheless growing acceptance of the notion that arrogance, ignorance and greed, combined with overpopulation and powered by technology, are responsible for such severe resource exploitation and * LL.B. (Toronto), LL.M. (Monash). First Secretary, Australian Permanent Mission to the United Nations, New York. Former Head of the Environmental Law Unit, Legal Office, Australian Department of Foreign Affairs and Trade, Canberra. -
Nature's Rights Under International
Michigan Journal of International Law Volume 42 Issue 3 2021 The Trees Speak for Themselves: Nature’s Rights Under International Law Samantha Franks University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Environmental Law Commons, and the International Law Commons Recommended Citation Samantha Franks, The Trees Speak for Themselves: Nature’s Rights Under International Law, 42 MICH. J. INT'L L. 633 (2021). Available at: https://repository.law.umich.edu/mjil/vol42/iss3/6 https://doi.org/10.36642/mjil.42.3.trees This Note is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE TREES SPEAK FOR THEMSELVES: NATURE’S RIGHTS UNDER INTERNATIONAL LAW Samantha Franks* I. Introduction When Christopher Stone first published his controversial article, Should Trees Have Standing?, his idea that forests should have a voice in court was largely met with ridicule.1 The concept was simple, albeit radical: Elements of nature, such as forests, rivers, and lakes, should not merely be regarded as property for humans to own.2 Instead, they should be considered as independent legal actors with rights in their own name. While this might have been considered unorthodox, the concept was not new. Nature has long received legal standing in foreign court systems.3 Even in the United States, indigenous communities have advocated for and lived by a similar worldview for centuries.4 Despite Justice Douglas’s wishful opining for a system in which environmental personhood could become a reality, Stone’s proposal was handily dismissed by the U.S.