1st Edition
Law, Nature and the Ecosystem Approach Modelling a Transcultural Eco-Legal Framework across Europe and Latin America
This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here—particularly from Latin America— embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.
Rationale for the Volume
Silvia Bagni, Serena Baldin and Veronica Federico
Chapter 1: Rights of Nature and Ecosystem Approach: An Introduction
Silvia Bagni
Chapter 2: The Principles of the Rights of Nature. An Approach from the Systemic Theory of Law and Natural Sciences
Ramiro Avila Santamaría
Part 2: The Ecosystem Approach as Paradigm Shift
Chapter 3: From Prevention to Restoration: Towards a Paradigm Shift in EU and Italian Environmental Law
Ilaria Costanzo
Chapter 4: Investigating the Potential of Ecological Restoration as a Fundamental Right of Nature, with a Focus on its Relevance to Lake Vättern
Mariam Carlsson Kanyama
Chapter 5: Overcoming Capitalist Economics and the Appropriation of Common Resources through Rights of Nature in Ecuador
Amilcare D’Andrea
Chapter 6: Ecosystem Rights: Integrating Human Rights and Ecosystem Services for a Holistic Environmental Constitutionalism
Francesco Gallarati
Part 3: The Ecosystem Approach in Bottom-up Experiences and Rights of non-Human Animals
Chapter 7: Florestania and Hutukara: Cosmopoetics to Plurinational States in America Latina
Elias Canal and Victor Hugo Agapito
Chapter 8: Decolonising Property Law to Implement the Ecosystem Approach: Evidence from Italy
Rachele Cecchi
Chapter 9: Destabilizing the Fossil Bloc through the Production of Knowledge from Below
Anna Berti Suman
Chapter 10: The Polyvalence of the Animal in Anthropocentric and Biocentric Approaches: Is there Room for Intrinsic Value?
Silvia Zanini
Chapter 11: Openings for Seeds Diversity Protection Beyond Patents: Seeds as Intangible Cultural Heritage
Giulia Fontanella
Part 4: National Case Studies, at the Intersection Between Nature’s Rights and the Ecosystem Approach
Chapter 12: The Ecologization of Environmental Protection in the Brazilian System: An Analysis of Local Legislative and Jurisprudential Protagonism
Leura Dalla Riva
Chapter 13: From Extraction to Exclusion: Colonial Obstacles to an Ecosystem Approach in Puerto Rico’s Environmental Law
José Arturo Maldonado Andreu
Chapter 14: The Katsa-su Territory of the Awá Indigenous People as a Victim of the Armed Conflict in Colombia: A Transcultural and Interjurisdictional Contribution to the Rights of Nature
Carlos Alberto Benavides Mora and Daniel Laureano Noguera Santander
Chapter 15: Ancestral and Earth Law Knowledge: Intercultural Legal Practice as Foundation for Mother Earth Rights
Johana Fernanda Sánchez Jaramillo
Part 5: The Ecosystem Approach and the Courts
Chapter 16: How Genetic Information of a Spices Could Help to Protect Nature in Courts: The Case of the Endangered Brown Sea Cucumber (Isostichopus fuscus) in the Galapagos Islands
David Cordero-Heredia and Jaime Ortiz Pachar
Chapter 17: After Los Cedros Ruling. The Ecocentric Epistemology of the Rights of Nature and its Impact on the Social Context
Anna Pedrolli
Chapter 18: A Standing for Nature in Civil Justice: Insights from Comparative Law
Mauro G. Smiroldo
Biography
Silvia Bagni is Associate Professor of Comparative Public Law in the Department of Political and Social Sciences at the University of Bologna, Italy. Her research interests include constitutional justice, Latin American constitutionalism, interculturalism, and ecological law. She is a member of the UN Harmony with Nature Programme.
Serena Baldin is Full Professor of Comparative Public Law at the University of Trieste, Italy, where she is affiliated to the Department of Political and Social Sciences and also to the Interdepartmental Centre for Energy, Environment and Transport “G. Ciamician”. Her research interests include environmental constitutionalism, climate law, constitutional justice, and minority protection.
Veronica Federico is Associate Professor of Comparative Public Law at the University of Florence, Italy, where she is affiliated to the Department of Legal Sciences. Her research interests include environmental constitutionalism, comparative migration law, African constitutional law, and constitutional and democratic transitions.
