IDEAS home Printed from https://ideas.repec.org/a/oup/envlaw/v33y2021i3p531-555..html
   My bibliography  Save this article

Rights of Nature in Practice: A Case Study on the Impacts of the Colombian Atrato River Decision

Author

Listed:
  • Philipp Wesche

Abstract

In recent years, several countries have adopted a new legal approach to address ecological damages by granting fundamental rights to non-human natural entities. Yet, little is known about the actual impacts of this new constitutionalism of nature on environmental protection. This article seeks to better understand these impacts by presenting a case study of the Colombian Atrato River decision. Based on implementation reports and qualitative interviews with the river’s legal guardians and state officials, it argues that rights of nature can be an important impetus for change. However, at least in Colombia, their impacts relate less to legal standing of natural entities, as presumed in the literature, but rather to improvements in policymaking. To transform complex ecological crises in weak governance areas, strengthening local state institutions and integral environmental policies are more important than rights of nature. But they can play a role in this regard.

Suggested Citation

  • Philipp Wesche, 2021. "Rights of Nature in Practice: A Case Study on the Impacts of the Colombian Atrato River Decision," Journal of Environmental Law, Oxford University Press, vol. 33(3), pages 531-555.
  • Handle: RePEc:oup:envlaw:v:33:y:2021:i:3:p:531-555.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jel/eqab021
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Olga Martin-Ortega & Fatimazahra Dehbi & Valerie Nelson & Renginee Pillay, 2022. "Towards a Business, Human Rights and the Environment Framework," Sustainability, MDPI, vol. 14(11), pages 1-26, May.
    2. Louis J. Kotzé & Benoit Mayer & Harro van Asselt & Joana Setzer & Frank Biermann & Nicolas Celis & Sam Adelman & Bridget Lewis & Amanda Kennedy & Helen Arling & Birgit Peters, 2024. "Courts, climate litigation and the evolution of earth system law," Global Policy, London School of Economics and Political Science, vol. 15(1), pages 5-22, February.
    3. Jędrzejowska-Schiffauer Izabela & Schiffauer Peter, 2023. "Rights of Nature? Shifting Patterns in Environmental Constitutionalism," Wroclaw Review of Law, Administration & Economics, Sciendo, vol. 13(1), pages 1-25.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:envlaw:v:33:y:2021:i:3:p:531-555.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.