RIGHTS OF NATURE AND ACCESS TO INTERNATIONAL JURISDICTION: AN EUROPEAN AND LATIN-AMERICAN PERSPECTIVE
Revista Jurídica Santo Agostinho de Sete Lagoas
RIGHTS OF NATURE AND ACCESS TO INTERNATIONAL JURISDICTION: AN EUROPEAN AND LATIN-AMERICAN PERSPECTIVE
Autor Correspondente: FRANCO, Alex Valle | [email protected]
Palavras-chave: Rights of nature, access to justice, human rights
Resumos Cadastrados
Resumo Inglês:
The following article analyzes the possibility of access to courts at the international level by civil society to defend the rights of nature through other conventionally protected rights. To explore this indirect litigation strategy, this article will be developed as follows: At first, the mechanisms normally provided by international treaty law in matters of international jurisdiction will be explained. It is clear that the most effective way to bring the rights of nature to court is access - indirect - based on human rights. In relation to this issue, it is interesting to compare indigenous peoples’ access to the Inter-American Court of Human Rights in relation to property and the rights of nature; and, with the European Court of Human Rights, which instead uses the individual action mechanism. In the end, it will be clear that the best way to protect the rights of nature is the creation of additional protocols that allow the expansion of European and American human rights treaties that include the rights of nature as justiciable.
