Climate-change
Interview: Justicia Ecológica para la Tierra
Interview with Rodrigo Míguez Núñez, professor at the University of Piemonte Orientale (Italy); Valeria Berros, professor at the National University of the Litoral (Argentina); and Leticia Alburquerque, professor at the Federal University of Santa Catarina (Brazil). Presented and moderated by Pedro Lomas, FUHEM Ecosocial.
Abstract
A new approach to human-nature relationships is urgently needed. Ecological justice emphasizes equity with the environment, future generations, and other species. This session of the Debates for Inclusive Thinking explores key elements underlying the emergence of a new justice paradigm focused on the rights of nature. The socio-ecological crisis challenges how we interact with nature, particularly regarding its appropriation and associated impacts. Historically, environmental law and justice have treated nature as an object of human relationships rather than a subject with its own interests. This approach is increasingly questioned and deemed insufficient.
The emergence of ecological justice highlights the intrinsic values of nature, recognizing it as a rights-bearing subject with interests that require representation and defense, akin to those of humans. This shift moves beyond the limitations of anthropocentrism, driving significant developments in legal frameworks. Notable examples include the constitutional recognition of nature’s rights in Ecuador (2008) and Bolivia (2009), the failed draft constitution in Chile, and numerous constitutional court rulings worldwide. These examples reflect a growing momentum to transcend traditional human-centric perspectives and establish new, inclusive principles in the human-nature relationship.
Watch the video interview at this link
Climate-change
Prohibido ver lo obvio: la dana, o de un mundo con un clima quebrado
Written by Adrián Almazán, Pedro Lomas and Luis Lloredo Alix
Abstract
In the wake of Mediterranean storms, this text highlights the tragic toll of ignored climate warnings, government negligence, and the need for solidarity-led resilience. Speak4Nature calls for eco-social justice and degrowth, urging a redefined relationship with ecosystems and institutions that respect nature.
Read the full article at this link
Climate-change
Introduction On Nature and Property
Rodrigo Míguez Núñez, UPO
2023
The essays presented in this section start with an essential premise: the ideas we employ to characterize our interactions with the outside world are not neutral. Since ‘nature’ and ‘property’ are abstract concepts and mental constructions, every attempt at individualization should consider historical and geographical factors. Through a combination of empirical, historical, and theoretical approaches, the authors of this special issue examine the differing ideas of how ‘nature’ informs property rights, and the impact that legal, economic, or political choices have on the ethics of nature. Bringing together a diverse spectrum of disciplinary, geographic, and ideological perspectives, this special issue seeks to provide a sophisticated, interdisciplinary analysis of the rules that govern people’s access to and control over land and its natural resources to confront governance today in addressing unprecedented global crises related to climate change.
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Climate-change
Climate Litigation in Argentina: A Critical and Prospective Analysis
Gastón Medici-Colombo, María Valeria Berros
2023
This article analyses the climate litigation scenario in Argentina. Based on the Sabin Center Database, we conducted an in-depth study of all the proceeding documents of the identified cases. We found that, in Argentina, a significant number of climate cases exists compared to other jurisdictions in the region and in the Global South as a whole. These cases show civil society actors suing public and corporate actors due to the deployment of ‘climate-disruptive’ projects or the failed protection of climate-relevant ecosystems. Plaintiffs use a variety of judicial avenues and grounds from different regulatory levels. That said, the case law study leads us to conclude that climate litigation is still incipient in Argentina. Climate change is a very novel legal issue for Argentinean litigants and courts, with lawsuits only developing actual climate argumentation very recently and with not even one judgment, let alone a landmark decision, addressing climate concerns. That is a notable difference from other jurisdictions in the region. Furthermore, we anticipate that climate litigation will continue to grow in Argentina, given weak political opportunities for climate action and stronger legal opportunities provided by broad judicial avenues, a multiplicity of grounds that can be used in climate arguments, and innovative environmental legal approaches developed by the Supreme Court.
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