This Study aims to set a framework for the legal recognition of the Rights of Nature in the EU legal order, as a prerequisite for a different and improved relationship between human beings and Nature. This aim should be possibly accomplished through the development of a EU Charter on Fundamental Rights of Nature. Initially, the Study shows the role of Rights of Nature with respect to environmental protection goals and addresses the reasons why current EU Environmental Law is failing to deliver the required level of nature protection (Section 2). Subsequently, the Study assesses how the "Rights of Nature" may help to overcome the failures of environmental law. To this end, four paradigmatic cases are proposed and analysed (Section 3). Based on the findings of this analysis, the strategic milestones required to achieve genuine ecosystem protection are identified and presented (Section 4). Finally, the possibility of introducing a Charter of the Rights of Nature in the EU legal system, with its basic principles, recommendable features and proposed pathway is discussed (Sections 5, 6 and 7).

Towards an EU Charter of the Fundamental Rights of Nature

CARDUCCI M.;DI FRANCESCO MAESA C.;BAGNI S.
2020

Abstract

This Study aims to set a framework for the legal recognition of the Rights of Nature in the EU legal order, as a prerequisite for a different and improved relationship between human beings and Nature. This aim should be possibly accomplished through the development of a EU Charter on Fundamental Rights of Nature. Initially, the Study shows the role of Rights of Nature with respect to environmental protection goals and addresses the reasons why current EU Environmental Law is failing to deliver the required level of nature protection (Section 2). Subsequently, the Study assesses how the "Rights of Nature" may help to overcome the failures of environmental law. To this end, four paradigmatic cases are proposed and analysed (Section 3). Based on the findings of this analysis, the strategic milestones required to achieve genuine ecosystem protection are identified and presented (Section 4). Finally, the possibility of introducing a Charter of the Rights of Nature in the EU legal system, with its basic principles, recommendable features and proposed pathway is discussed (Sections 5, 6 and 7).
978-92-830-4971-5
CARDUCCI M., MONTINI M., MUMTA I., LORUBBIO V., BARRECA A., DI FRANCESCO MAESA C., MUSARÒ E., SPINKS L., POWLESLAND P, BAGNI S.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11585/789018
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