volume 12 issue 3 pages 671-692

Creating Synergies between International Law and Rights of Nature

Jérémie Gilbert 1
1
 
University of Roehamptom, School of Law, London (United Kingdom). Email: jeremie.gilbert@roehampton.ac.uk.
Publication typeJournal Article
Publication date2023-11-01
scimago Q1
wos Q1
SJR0.930
CiteScore5.4
Impact factor3.3
ISSN20471025, 20471033
Law
Management, Monitoring, Policy and Law
Abstract

Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.

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GOST |
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GOST Copy
Gilbert J. Creating Synergies between International Law and Rights of Nature // Transnational Environmental Law. 2023. Vol. 12. No. 3. pp. 671-692.
GOST all authors (up to 50) Copy
Gilbert J. Creating Synergies between International Law and Rights of Nature // Transnational Environmental Law. 2023. Vol. 12. No. 3. pp. 671-692.
RIS |
Cite this
RIS Copy
TY - JOUR
DO - 10.1017/s2047102523000195
UR - https://doi.org/10.1017/s2047102523000195
TI - Creating Synergies between International Law and Rights of Nature
T2 - Transnational Environmental Law
AU - Gilbert, Jérémie
PY - 2023
DA - 2023/11/01
PB - Cambridge University Press
SP - 671-692
IS - 3
VL - 12
SN - 2047-1025
SN - 2047-1033
ER -
BibTex |
Cite this
BibTex (up to 50 authors) Copy
@article{2023_Gilbert,
author = {Jérémie Gilbert},
title = {Creating Synergies between International Law and Rights of Nature},
journal = {Transnational Environmental Law},
year = {2023},
volume = {12},
publisher = {Cambridge University Press},
month = {nov},
url = {https://doi.org/10.1017/s2047102523000195},
number = {3},
pages = {671--692},
doi = {10.1017/s2047102523000195}
}
MLA
Cite this
MLA Copy
Gilbert, Jérémie. “Creating Synergies between International Law and Rights of Nature.” Transnational Environmental Law, vol. 12, no. 3, Nov. 2023, pp. 671-692. https://doi.org/10.1017/s2047102523000195.