Two Days Interdeciplinary International Conference on

HUMAN-ANIMAL CONFLICT AND COMPENSATION

Exploring the Evolution of Rights of Nature

in Ecuador: Analyzing Cross-National
Jurisprudential Precedents and Barriers to
Enforcement
Introduction
This presentation explores the evolution of
Rights of Nature in Ecuador. We will
analyze cross-national jurisprudential
precedents and barriers to enforcement.
The aim is to understand how this legal
framework can lead to more sustainable
development.
Rights of Nature is a legal framework that recognizes nature as a subject of rights,
rather than a mere object. Ecuador was the first country to enshrine this concept
in its Constitution in 2008. This framework has been adopted by other countries,
including Bolivia, New Zealand, and India.
There are several jurisprudential precedents that have influenced the
development of Rights of Nature in Ecuador and other countries. These include
the Universal Declaration of the Rights of Mother Earth, the Yasuni-ITT
Initiative, and the Pachamama Case. We will analyze these precedents in detail.
The Yasuni-ITT Initiative was a proposal by Ecuador to keep oil reserves in the
Yasuni National Park underground, in exchange for international compensation.
Although the initiative was not successful, it raised awareness about the
importance of protecting the environment and led to the recognition of Rights of
Nature in Ecuador's Constitution.
The Pachamama Case was a lawsuit brought by indigenous communities in
Ecuador against the government for allowing oil drilling in the Amazon rainforest.
The case was based on the recognition of Rights of Nature in Ecuador's
Constitution. Although the case was not successful, it set an important precedent
for future cases.
Despite the recognition of Rights of Nature in Ecuador's Constitution, there are
several barriers to enforcement. These include the lack of political will, the
influence of powerful industries, and the difficulty of measuring and enforcing
environmental damage. We will analyze these barriers and their implications.
Several countries have adopted or are considering adopting Rights of Nature. We
will compare the legal frameworks and implementation strategies of Ecuador,
Bolivia, New Zealand, and India. By analyzing these cross-national comparisons,
we can identify best practices and potential challenges.
Implications for Sustainable Development

The recognition of Rights of Nature has

important implications for sustainable
development. By recognizing nature as a
subject of rights, we can shift our
perspective from exploiting nature to
living in harmony with it. We will analyze
the potential benefits and challenges of
this legal framework for sustainable
development.
Future Directions
The recognition of Rights of Nature is a
relatively new legal concept, and there is
still much to be explored. We will discuss
potential future directions for research and
policy development, including the role of
international law, the measurement of
environmental damage, and the
integration of indigenous knowledge.
Conclusion

In conclusion, the recognition of Rights of

Nature is an important legal framework
that has the potential to lead to more
sustainable development. By analyzing
cross-national jurisprudential precedents
and barriers to enforcement, we can
identify best practices and potential
challenges. We hope that this
presentation has provided a
comprehensive overview of this topic.
 Thanks!
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