Providing for the effective domestic implementation of rights of nature: a critical discussion

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dc.contributor.advisorPaterson, Alexanderen_ZA
dc.contributor.authorBittermann, Benjaminen_ZA
dc.date.accessioned2017-08-23T12:50:18Z
dc.date.available2017-08-23T12:50:18Z
dc.date.issued2017en_ZA
dc.description.abstractThe earth and its inhabitants face significant environmental challenges. So far, the existing legal attempts have failed to address these challenges. The development of the last decades shows that the state of the environment has steadily worsened. Therefore, it is essential to explore new approaches. The concept of rights of nature offers a new legal perspective for creating a more effective approach to environmental regulation than traditional anthropocentric approaches. Rights of nature form part of a relatively new movement called Earth Jurisprudence which calls for a fundamental rethink of law. The concept of rights of nature requires that nature be accorded its own legal right. In order for rights of nature to be effective, their implementation must consider and overcome several procedural and substantive challenges. This dissertation explains the origins, form and nature of existing domestic rights of nature, and then critically analyses the main procedural and substantive challenges for their effective implementation in domestic legal frameworks. The most crucial procedural constraints are standing and representation of rights of nature whereas the most problematic substantive challenges are to define the scope of the right and to balance rights of nature with other rights. Having unpacked these challenges, the dissertation then explores possible solutions to overcome them. It comes to the conclusion that – amongst others - the key prerequisites for an effective implementation are to establish rights of nature as a constitutional right and to concisely define its content. Finally, the dissertation provides a set of guidelines for effectively implementing rights of nature into a domestic legal regime as well as a proposal for the wording of a rights of nature norm.en_ZA
dc.identifier.apacitationBittermann, B. (2017). <i>Providing for the effective domestic implementation of rights of nature: a critical discussion</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law. Retrieved from http://hdl.handle.net/11427/24928en_ZA
dc.identifier.chicagocitationBittermann, Benjamin. <i>"Providing for the effective domestic implementation of rights of nature: a critical discussion."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2017. http://hdl.handle.net/11427/24928en_ZA
dc.identifier.citationBittermann, B. 2017. Providing for the effective domestic implementation of rights of nature: a critical discussion. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Bittermann, Benjamin AB - The earth and its inhabitants face significant environmental challenges. So far, the existing legal attempts have failed to address these challenges. The development of the last decades shows that the state of the environment has steadily worsened. Therefore, it is essential to explore new approaches. The concept of rights of nature offers a new legal perspective for creating a more effective approach to environmental regulation than traditional anthropocentric approaches. Rights of nature form part of a relatively new movement called Earth Jurisprudence which calls for a fundamental rethink of law. The concept of rights of nature requires that nature be accorded its own legal right. In order for rights of nature to be effective, their implementation must consider and overcome several procedural and substantive challenges. This dissertation explains the origins, form and nature of existing domestic rights of nature, and then critically analyses the main procedural and substantive challenges for their effective implementation in domestic legal frameworks. The most crucial procedural constraints are standing and representation of rights of nature whereas the most problematic substantive challenges are to define the scope of the right and to balance rights of nature with other rights. Having unpacked these challenges, the dissertation then explores possible solutions to overcome them. It comes to the conclusion that – amongst others - the key prerequisites for an effective implementation are to establish rights of nature as a constitutional right and to concisely define its content. Finally, the dissertation provides a set of guidelines for effectively implementing rights of nature into a domestic legal regime as well as a proposal for the wording of a rights of nature norm. DA - 2017 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2017 T1 - Providing for the effective domestic implementation of rights of nature: a critical discussion TI - Providing for the effective domestic implementation of rights of nature: a critical discussion UR - http://hdl.handle.net/11427/24928 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/24928
dc.identifier.vancouvercitationBittermann B. Providing for the effective domestic implementation of rights of nature: a critical discussion. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2017 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/24928en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Marine and Environmental Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherMarine and Environmental Lawen_ZA
dc.titleProviding for the effective domestic implementation of rights of nature: a critical discussionen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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