Le voci (non del tutto inascoltate) della Natura nella recente giurisprudenza colombiana e indiana

The (not completely unheard) voices of Nature in recent Colombian and Indian case-law

Abstract

Nature has been for long time an unheard voice for the Law. Since the Seventies of the past century, however, the international community has begun to change its
mind and to consider the environment as something worthy of consideration from a legal perspective. The environmental crisis that is menacing the existence of our common Home and new epistemological approaches based on earth jurisprudence have favored the emergence of the concept of “rights of Nature”. At constitutional level, it has been introduced in the 2008 Ecuadorian Constitution. Besides, other countries have implemented laws about the rights of rivers, glaciers, animals, etc. The article focuses on the case-law formant and compares recent Colombian and Indian case-law, where “legal personality” has been recognized to natural
elements.
Keywords: Rights of Nature; Ecological constitutionalism; Harmony with Nature; Biocultural rights; Sustainable development.