Academic literature on the topic 'Rights of nature'

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Journal articles on the topic "Rights of nature"

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DACOMBE, JO. "Rights of Nature." FORUM 62, no. 2 (2020): 267. http://dx.doi.org/10.15730/forum.2020.62.2.267.

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Heaven, Douglas. "Rights of nature." New Scientist 243, no. 3249 (September 2019): 20–21. http://dx.doi.org/10.1016/s0262-4079(19)31812-3.

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Brei, Andrew T. "Rights & Nature." Journal of Agricultural and Environmental Ethics 26, no. 2 (March 11, 2012): 393–408. http://dx.doi.org/10.1007/s10806-012-9385-z.

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Lombardi, Louis G. "The Nature of Rights." Philosophy Research Archives 11 (1985): 431–39. http://dx.doi.org/10.5840/pra19851124.

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WENAR, LEIF. "The Nature of Rights." Philosophy Public Affairs 33, no. 3 (July 2005): 223–52. http://dx.doi.org/10.1111/j.1088-4963.2005.00032.x.

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Burgers, Laura. "Private Rights of Nature." Transnational Environmental Law 11, no. 3 (November 2022): 463–74. http://dx.doi.org/10.1017/s2047102522000401.

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AbstractThe Rights of Nature concept not only breaks with the anthropocentrism of existing (environmental) law; it also recognizes that nature has private interests, in addition to being of public interest. That is, whereas in classic sustainability thinking, the use of certain resources is allowed as long as public interests are not systematically/systemically harmed, rights of nature facilitate the protection of nature before planetary boundaries are transgressed. This recognition of nature as having private interests enables the framing of disagreements around ‘nature’ as matters of corrective justice, which renders the application of private legal doctrines more easily conceivable and arguably even necessary.The contributions to this Symposium Collection showcase the viability of the intersection of private law and rights of nature. Firstly, it is necessary to research how existing private law will influence the effectiveness of rights of nature. Such an exercise is undertaken by Björn Hoops, who carefully assesses what rights for the German Black Forest would mean in terms of German constitutional property law. The mirror image of this approach is to explore what impact Rights of Nature will have on private law. Such an approach is taken by Alex Putzer and co-authors in their article on the transformation of land-ownership regimes after the introduction of Rights of Nature in Ecuador and Uganda. A third line of scholarship assesses the significance of Rights of Nature for private law theory: Visa Kurki proposes a new concept of legal personhood, prompting us to think through the meaning of statements like ‘a river is a legal person’.
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Huber, Wolfgang. "Rights of Nature or Dignity of Nature?" Annual of the Society of Christian Ethics 11 (1991): 43–60. http://dx.doi.org/10.5840/asce1991114.

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Popovych, Tereziia. "The Peculiarities of Legal Nature of Digital Human Rights." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 135–40. http://dx.doi.org/10.36695/2219-5521.1.2021.24.

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The article is devoted to the analysis of the peculiarities of the legal nature of digital human rights. The author emphasizes theexisting terminological contradictions in scientific doctrine regarding the name of this group of human rights. Thus, it is noted thatresearchers call the rights that are associated with the development of information (including the Internet) technology: information, virtual,digital (digital rights), Internet rights (Internet rights), the right to communicate rights to communicate), freedom to connect withany person, at any time, in any place, for any purpose (freedom to connect – to anyone, anytime, anywhere, for anything).In order to achieve the purpose of the study, the author drew attention to the understanding of the concept and features of theInternet both in scientific doctrine and at the legislative level. The author emphasizes the problematic aspects that exist in the directionof distinguishing between digital and information rights, noting that the legal nature of the latter is not clearly defined. In attempting tomake such a distinction, the author notes that the object of both rights under study is information, however, digital rights exist due tothe existence of the Internet, and therefore contain a communication component. However, digital rights, while largely identical in contentwith the right to information, nevertheless emerge as a whole new area of human rights.In addition, in the course of the study the author considered the main types of digital rights. In particular, it is stated that digitalrights include the right to access the Internet, the right to protection of personal data and the right to be forgotten. However, the authordraws attention to the fact that in addition to digital rights, there are also obligations that arise from them, as a result of which he definesthe legal obligations associated with the implementation of each of the studied digital rights, using the provisions of international law,national legislation, foreign experience and case law. In addition, the need to conduct research in the field of legal obligations throughthe prism of the implementation of digital human rights was emphasized.
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Efimova, L., О. Sizemova, and D. Chub. "Digital Financial Assets: Concept and Legal Nature." BRICS Law Journal 11, no. 1 (May 3, 2024): 32–57. http://dx.doi.org/10.21684/2412-2343-2024-11-1-32-57.

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Tokens and other digital technologies, in essence, can be considered neither property nor objects of civil law, nor are they inherently a part of civil rights per se. These technical solutions acquire a corresponding legal status only when they become an object of such legal relations. When this occurs, they are considered digital assets and are consequently subject to legal regulations. The legal nature of tokens is amatter of much dispute: some define them as objects of civil law, while others view them as a means to confirm the rights to a legal object. This article aims to prove that tokens can serve both functions. In most cases, tokens serve as a means of confirming rights to certain tangible objects (for instance, tokens as a means to secure civil rights). In this function, tokens for cryptocurrencies and digital securities, however, become legal objects in and of themselves because they play a part in legal relations (that is, tokens serve as a legal object). Tokens can be objects of absolute and relative rights. The common law doctrine treats an absolute right to cryptocurrencies and digital securities as a property right. Continental law, on the contrary, cannot include them in the property rights category since property within this legal framework is always tangible. Digital assets, however, are intangible. Therefore, they are not property. This article suggests that digital assets are objects of a new absolute right that is similar to property rights, except for one distinction: an object is not necessarily a thing. Based on the authors’ concept, this new right can be referred to as an absolute digital right.
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Ochoa, Christiana. "Nature’s Rights." Michigan Journal of Environmental & Administrative Law, no. 11.1 (2021): 39. http://dx.doi.org/10.36640/mjeal.11.1.natures.

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Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, a plaintiff brought a suit claiming rights for the Colorado River ecosystem, although the case was dismissed. Meanwhile, several countries outside the United States have extended standing and substantive rights to nature, and that number is growing quickly. This international trend matters because U.S. Supreme Court Justices, including Sonia Sotomayor and Stephen Breyer, have argued that American courts should note and address cutting-edge legal developments in foreign jurisdictions. This Article provides the key foundational and theoretical basis for recognizing the rights of nature. It explores the intellectual and precedential basis for accepting nature’s rights, surveying developments in the natural sciences, social sciences, and humanities, and providing a survey of select legal systems that currently recognize such rights. It traces the geographic, theoretical, and practical development of the idea of nature’s rights, illustrating that human thought regarding the intrinsic value and rights of nature has evolved significantly since our common law on the issue was established. This Article thus provides the intellectual, moral, and philosophical foundation for students, clerks, judges, and lawmakers facing questions about extending rights to nature.
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Dissertations / Theses on the topic "Rights of nature"

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Scantamburlo, Federica Andrea <1996&gt. "The Rights of Nature and the Right to a Healthy Environment: legal nature and enforcement in international law." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/17661.

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L’elaborato si propone di analizzare in maniera critica lo sviluppo di due concetti principali: i diritti della natura e il diritto ad un ambiente salubre. I primi emersero negli anni ’70 e solo recentemente stanno venendo riconosciuti ed inclusi in alcune costituzioni e leggi del mondo. Il diritto ad un ambiente salubre, invece, è un diritto non universalmente riconosciuto, incluso esclusivamente in alcuni trattati per la tutela dei diritti umani e in alcune costituzioni nazionali. La tesi si propone quindi di indagare come i due concetti si siano sviluppati, come sono oggi concretamente applicati e da quali costituzioni o trattati sono o non sono esplicitamente riconosciuti, approfondendo il livello di efficacia della loro applicazione e tendendo in considerazione lo stretto legame che esiste tra i due. Di conseguenza, il primo capitolo analizzerà il motivo per cui il concetto di diritti della natura è stato sviluppato, tenendo in considerazione gli autori che hanno supportato l’idea della necessità di un cambio di paradigma verso un approccio ecocentrico in cui al centro di tutto c’è la Terra. Il secondo capitolo ha lo scopo di analizzare quali sistemi di diritti umani non riconoscono esplicitamente, ma potenzialmente proteggono, il diritto ad un ambiente salubre. L’evoluzione del concetto di diritti della natura verrà affrontato nel terzo capitolo attraverso un’analisi cronologica di autori e conferenze internazionali che hanno permesso l’espansione del concetto di questi diritti, evidenziando inoltre come al pari passo sia emerso il diritto ad un ambiente salubre. Tutto ciò verrà esaminato attraverso la concreta applicazione nel mondo dei due concetti tramite leggi e modifiche costituzionali, con il supporto di relativi esempi. Il quarto capitolo esaminerà tutti i trattati e strumenti per la tutela dei diritti umani che menzionano nel loro testo e quindi riconoscono il diritto ad un ambiente salubre. Infine, il quinto ed ultimo capitolo, approfondirà le conseguenze dei diritti della natura in termini di attori, procedure e di obblighi dello stato, attraverso l’analisi di due casi: uno riguardante il primo processo in cui una corte riconosce i diritti della natura e l’altro, invece, il diritto ad un ambiente salubre in relazione al cambiamento climatico.
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Hahn, Randolph Keith. "Commonwealth bills of rights : their nature and origin." Thesis, University of Oxford, 1986. http://ora.ox.ac.uk/objects/uuid:e06f65b7-9340-4d95-9c53-4f37bffa377f.

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The thesis surveys and analyses Commonwealth Bills of Rights. It examines the content of these Bills of Rights and considers their origin and political implications. The first chapter reviews the political history of Bills of Rights generally. This is followed by a chapter dealing with the initiation and introduction of Commonwealth Bills of Rights. Particular attention is given to the attitudes and influences of British officials and advisors. The third chapter considers the general forms of Commonwealth Bills of Rights and the ways in which such guarantees are qualified. The next three chapters examine the substance of the particular guarantees and note judicial cases that are of particular interest. In the seventh chapter some of the political implications of these Bills of Rights are considered. The eighth chapter concerns judicial attitudes toward the enforcement of a Bill of Rights. This is followed by concluding remarks.
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McCormick, Callum. "Between the rights of nature and the right to develop : Bolivia under Evo Morales." Thesis, Birkbeck (University of London), 2016. http://bbktheses.da.ulcc.ac.uk/218/.

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The government of Evo Morales is emblematic of the new left governments in Latin America that emerged at the beginning of the 21st century. Growing out of a crisis of the neoliberal project in Latin America as a whole and Bolivia in particular, Morales’ government has overseen a period of economic and political stability in a country not known for either. Globally, Morales has become associated with the ‘rights of nature’ discourse and radical environmentalism, being named the ‘World Hero of Mother Earth’ by the General Assembly of the United Nations. At the same time, however, the model of development pursued by his government has continued to rely on the extractive industries to produce economic growth. This has produced fractures within the social movements on whose behalf Morales claims to govern. My argument in this dissertation is that it is only possible to understand the contradictions of environmental policy in the Morales era by reflecting on the particular features of Bolivian society. During his tenure, the ‘defence of Mother Earth’ has been vitiated by a commitment to territorial sovereignty and national development, which the government has justified by reference to what I call the ‘right to develop’. It is only by understanding the interaction of these two competing ‘rights’, I will claim, that we can analyse the nature of Morales’ project thus far and assess its prospects for long term political and environmental sustainability. I also argue that critical assessment of the Bolivian experience under Morales can illuminate wider challenges facing political movements committed to elaborating an environmentally sustainable and socially equitable development model in the 21st century.
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West, Euan. "The nature of rights of relief arising from a cautionary relationship." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=239875.

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In Scots law, a creditor may enlist the aid of a third party known as a 'cautioner', who agrees to pay the creditor if the principal debtor defaults. Should the creditor see fit to sue the cautioner, the latter may seek compensation from the principal debtor for the whole amount paid or, if there are other cautioners, a pro rata contribution from the ones who did not pay. While these so-called rights of 'relief' are well established in Scottish case law, there is increasing controversy as to their nature. The present thesis engages with this problem headon, identifying the rationales for a cautioner's various rights of relief and examining how those rationales shape the content of the cautioner's claim in each case. By considering relief within the restricted confines of a cautionary relationship, the thesis aims to demystify a subject that is often complex and diffuse. It also seeks to establish the subject as a free-standing entity, independent of the historical and substantive inter-mixtures through which it has often been conceived in Scots law. After placing the cautioner's rights of relief into their private-law context (Chapters One to Five), the thesis examines each of these rights in detail. Chapter Six considers the basis of a cautioner's right to 'pro rata relief', and Chapter Seven discusses the content of that right, with particular reference to cases where there are three or more cautioners. Chapter Eight builds on the analysis in Chapter Six by determining on what basis a cautioner may claim 'total relief' from the principal debtor. Finally, Chapter Nine examines a cautioner's right to seek relief before paying anything to the creditor.
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Kovacs, Erika. "The legal nature of Art. 30 CFREU - A human right, a fundamental right, a right?" University Osijek, 2015. http://epub.wu.ac.at/6968/1/1_Kovacs.pdf.

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The article provides for an analysis of the legal nature of Article 30 of the Charter of Fundamental Rights of the European Union, which declares "the right to protection against unjustified dismissal". In the focus of attention is the question, whether this right constitutes a human or a fundamental right or it is a right without the status of being fundamental or alternatively only a basic principle. The considerations are based on the legal theory of human rights and particularly social rights, as well as on the understanding of this right in the various international treaties and the constitutional traditions of the Member States. Furthermore, the article addresses the question of implementation of Article 30 in the national laws, scrutinizes the interpretation of Art. 51 Abs 1 of the Charter and highlights the deficiencies and possibilities. Also the image of this right mirrored in the European Union's law and the case law of the Court of Justice of the European Union is examined.
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Reimerson, Elsa. "Nature, culture, rights : exploring space for indigenous agency in protected area discourses." Doctoral thesis, Umeå universitet, Statsvetenskapliga institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-110737.

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There is considerable geographical overlap between areas set aside for nature conservation or protection and Indigenous peoples’ lands, and the social, economic, and political consequences of protected areas have often been extensive for Indigenous peoples. Discourses of conservation converge with discourses of Indigenous peoples, and both carry a legacy of colonial constructs and relationships. With these overlaps as a point of departure, the purpose of this thesis is to explore how the discourses that govern nature conservation and protected areas shape the conditions for Indigenous peoples’ influence and participation in the governance and management of protected areas on their lands. I pursue this aim by analyzing, and critically examining the consequences of, the construction of Indigenous subject positions and conditions for agency in discourses of nature conservation and protected areas. The empirical focus of the thesis lies with international discourses of protected areas and Indigenous peoples and on local and national discourses articulated in relation to two cases of protected areas in Sápmi. My analytical framework builds on postcolonial theory and discourse theory. I use space for agency as a concept to describe and analyze the effects of the discursive positionings and constructions that shape the ability or capacity of individuals or group to act or to be perceived as legitimate actors. My results show twomain articulations of Indigenous subject positions in protected area discourses, which enable and restrain the space for Indigenous agency in different ways. One articulation connects Indigenous peoples to conservation through the concept of traditional knowledge, thereby positioning Indigenous subjects mainly as holders of traditional knowledge and justifying Indigenous influence by its potential contribution to conservation objectives. The other articulation focuses on the rights pertaining to Indigenous peoples as peoples, including land rights and the right to selfdetermination. These articulations are not necessarily mutually exclusive, but they have potentially different consequences and indicate discursive tensions that can affect the space for Indigenous agency in relation to protected areas. Moreover, my results demonstrate the hegemony of discourses that takes conservation through area protection for granted and subordinates Indigenous land use to conservation objectives, structure Indigenous agency as “participation” in specific types of arrangement, and articulate Indigenous rights in relation to hegemonic constructions of sovereignty, self-determination, and rights. These hegemonic formations silence articulations that would challenge the authority of colonizing societies over Indigenous territories, suppress radical critique of the fundamental nature of arrangements for protected area governance and management, and subdue alternatives to discourses of contemporary liberal democracy and individual property rights.
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Thondhlana, Gladman, Georgina Cundill, and Thembele Kepe. "Co-management, land rights, and conflicts around South Africa’s Silaka Nature Reserve." Taylor & Francis Group, 2016. http://hdl.handle.net/10962/67781.

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Globally, co-management of protected areas (PAs) offers promise in efforts to achieve ecological integrity and livelihood needs. Most co-management agreements are premised on joint decision making in defining equitable sharing of benefits from and the management responsibilities for natural resource management. However, co-managed PAs are often conflict ridden. The forceful closure of Silaka Nature Reserve in South Africa in 2013 by a local community epitomizes the conflicts that can emerge in co-management arrangements. Using Silaka Reserve as a case study, we ask questions related to the meaning of land to local people, with an interrogative focus beyond “material benefits” in co-management discourse. The results of this study show that apart from nonaccrual of material benefits, conflicts arise from nonrecognition of nonmaterial aspects such as cultural values of and historical attachment to land and limited involvement of land claimants in decision making. The implications for co-management as a desired outcome on settled land claims are discussed.
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Binjaku, Xhulo, and Milap Dixit. "Other equators : measures for an international tribunal for the Rights of Nature." Thesis, Massachusetts Institute of Technology, 2019. https://hdl.handle.net/1721.1/122518.

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Thesis: M. Arch., Massachusetts Institute of Technology, Department of Architecture, 2019
Cataloged from PDF version of thesis. Pages 166 and 167 blank.
Includes bibliographical references (pages 164-165).
In 1997, the Kyoto Protocol institutionalized carbon offsetting as a "market solution" to emissions, allowing companies and states to offset every tonne of carbon dioxide emissions with an equivalent tonne of carbon dioxide sequestered somewhere else. This logic of equivalence was enabled by a set of global metrics (such as the definition of "forest" under international law) that financialized the Earth's capacity to absorb carbon. Equatorial mountains became prime targets for the production of carbon credits through pine and eucalyptus plantations. In 2008, Ecuador became the first country to recognize the Rights of Nature, extending its jurisdiction to the scale of the planet and granting legal personhood to nonhuman entities such as mountains. More than a decade since it was first recognized, the Rights of Nature remains an elusive notion, easily absorbed into the logic of practices that reduce Nature to its exchange value.
The Rights of Nature lacks an institution to specify and guarantee its functions, to measure and account for its violations, and to summon the "Nature" for whom it claims to speak. In 2018, Ecuador requested proposals for an International Tribunal with the authority to invoke universal jurisdiction for global cases related to the Rights of Nature. The Tribunal would be deployed territorially across a site of planetary significance: the Equator itself, which intersects the Avenue of Volcanoes, a group of twenty mountains recognized as legal persons under Ecuadorian law. The buildings of the institution make mountains legible as witnesses in courts of law by framing, measuring and collecting "units" of Nature to be used as evidence. They are the architectural expression of a paradox that underlies the very idea of the Rights of Nature: that the infinite value of Nature has to be assigned finite values in order to exist as a legal category.
The legal and spatial logics used to define units of "Nature" begin to erode when they encounter the specificity of terrain, allowing the mountains to speak for themselves.
by Xhulio Binjaku, Milap Dixit.
M. Arch.
M.Arch. Massachusetts Institute of Technology, Department of Architecture
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Quijano, Caballero Oscar Ítalo. "Health: Constitutional Right of a programmatic and operational nature." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118242.

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The right to health is a universal right of second-generation, classified in the setof social, economic and cultural rights of mankind; gaining acceptance worldwide for its programmatic nature. On the verge of reaching 100 years of that recognition, its character of constitutionally recognized, operational, enforceable or subjective right has been consolidated thanks to the development of the jurisprudence of the constitutional courts; subsequent to this legal phenomenon, its enforceability trough protective process of amparo in the constitutional code of procedure is regulated in our country and expands its protection, in both areas, the powers assigned to the regulatory and supervisory body of the health sector at the national level, of administrative sanctioning power.
El derecho a la salud es un derecho universal de segunda generación clasificado en el conjunto de los derechos sociales, económicos y culturales de la humanidad siendo aceptado en el mundo por su carácter programático. A punto de llegar a los cien años de ese reconocimiento, su carácter de derecho operativo, exigible y tutelable o subjetivo constitucionalmente reconocido se ha venido consolidando gracias al desarrollo de la jurisprudencia de los tribunales constitucionales; posteriormente a ese fenómeno jurídico, en nuestro país, se regula su exigibilidad vía proceso de amparo en el Código Procesal Constitucional y se amplía su protección, en ambos ámbitos, con las facultades asignadas al órgano regulador y fiscalizador del sector salud a nivel nacional, de potestad administrativa sancionadora.
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Edlich, Harry Sutton. "Basic Economic Rights." Digital Archive @ GSU, 2005. http://digitalarchive.gsu.edu/philosophy_theses/2.

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The world’s human population is presently politically organized into an international system of territorially-defined nation-states. Each nation-state claims sovereign rights to non-interference and self-determination which minimize the legitimate influence of all other nation-states on the conduct of its internal affairs. International political discourse using the concept of human rights has become increasingly influential in addressing the regulation and restrictions of coercive activity that governing institutions can exact upon citizen populations. If there are universal human rights that all persons possess regardless of national affiliation, does this include basic economic rights that should insure all persons the basic economic goods necessary for healthy subsistence? Philosophers working within the state of nature contractual theory of government philosophical tradition, including Hobbes, Locke, Nozick, and Rawls, reach contradictory conclusions regarding the existence of universal basic economic rights. More recently, Shue has provided arguments affirming the existence of universal basic economic rights.
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Books on the topic "Rights of nature"

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Albers, Marion, Thomas Hoffmann, and Jörn Reinhardt, eds. Human Rights and Human Nature. Dordrecht: Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-017-8672-0.

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Desmet, Ellen. Indigenous rights entwined with nature conservation. Cambridge: Intersentia, 2011.

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La Follette, Cameron, and Chris Maser. Sustainability and the Rights of Nature. Title: Sustainability and the rights of nature : an introduction / Cameron La Follette and Chris Maser. Description: Boca Raton, FL : Taylor & Francis, 2017.: CRC Press, 2017. http://dx.doi.org/10.1201/9781315155999.

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Herscovici, Alan. Second nature: The animal-rights controversy. Montréal: CBC Enterprises/Les Enterprises Radio-Canada, 1985.

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Tandon, R. K. Women: Nature, education, teaching, and rights. New Delhi: Commonwealth Publishers, 1996.

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Górecki, Jan. Justifying ethics: Human rights & human nature. New Brunswick, NJ: Transaction Publishers, 1996.

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Herscovici, Alan. Second nature: The animal-rights controversy. Toronto: Stoddart, 1991.

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Mazurkiewicz, Szymon. Grounding Human Rights in Human Nature. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-30734-8.

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Brett, Annabel S. Liberty, right, and nature: Individual rights in later scholastic thought. Cambridge: Cambridge University Press, 1997.

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Lewis, Sheikh E. T. The international protection of human rigjhts: The nature of human rights. The Gambia: Information and Documentation Centre, 2000.

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Book chapters on the topic "Rights of nature"

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Corrigan, Daniel P. "Human Rights and Rights of Nature." In Rights of Nature, 101–20. Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge explorations in environmental studies: Routledge, 2021. http://dx.doi.org/10.4324/9780367479589-7.

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Kauffman, Craig. "Rights of Nature." In The Routledge Handbook of Indigenous Development, 246–55. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003153085-29.

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La Follette, Cameron. "Rights of Nature." In Resolving Water Conflicts Workbook, 85–101. Boca Raton: CRC Press, 2021. http://dx.doi.org/10.1201/9781003032533-6.

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Luuppala, Linnea. "Rights-Based Restoration." In Rights of Nature, 121–39. Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge explorations in environmental studies: Routledge, 2021. http://dx.doi.org/10.4324/9780367479589-8.

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Santamaría, Ramiro Ávila. "Rights of Nature vs. Human Rights?" In Environmental Constitutionalism in the Anthropocene, 68–85. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003175308-6.

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Angstadt, J. Michael, and Marion Hourdequin. "Taking Stock of the Rights of Nature." In Rights of Nature, 14–35. Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge explorations in environmental studies: Routledge, 2021. http://dx.doi.org/10.4324/9780367479589-2.

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Gutmann, Andreas. "Pachamama as a Legal Person?" In Rights of Nature, 36–50. Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge explorations in environmental studies: Routledge, 2021. http://dx.doi.org/10.4324/9780367479589-3.

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Sajeva, Giulia. "Environmentally Conditioned Human Rights." In Rights of Nature, 85–100. Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge explorations in environmental studies: Routledge, 2021. http://dx.doi.org/10.4324/9780367479589-6.

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Oksanen, Markku, and Anne Kumpula. "Close Reading Stone." In Rights of Nature, 176–94. Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge explorations in environmental studies: Routledge, 2021. http://dx.doi.org/10.4324/9780367479589-11.

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Corrigan, Daniel P., and Markku Oksanen. "Rights of Nature: Exploring the Territory." In Rights of Nature, 1–13. Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Routledge explorations in environmental studies: Routledge, 2021. http://dx.doi.org/10.4324/9780367479589-1.

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Conference papers on the topic "Rights of nature"

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Anis, Emily, Lina Cao, Lu Chen, Emily Jenkins, Julia Perbohner, Lindsey Sarazen, and Mackenzie Warden. "Global Rights of Nature Initiatives." In The 3rd Global Virtual Conference of the Youth Environmental Alliance in Higher Education. Michigan Technological University, 2021. http://dx.doi.org/10.37099/mtu.dc.yeah-conference/april2021/all-events/53.

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Spindler, Drew, Naomi Stevens, and Joe Pitti. "Rights of Nature and Indigenous Engagement." In The 3rd Global Virtual Conference of the Youth Environmental Alliance in Higher Education. Michigan Technological University, 2021. http://dx.doi.org/10.37099/mtu.dc.yeah-conference/april2021/all-events/52.

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Cicoria, Massimiliano. "Legal Subjectivity and Absolute Rights of Nature." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.06.

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The anthropocentric approach that characterizes all human knowledge has led to a distortion of the relationship with Nature and a view of it as a mere object of law. This approach, presumably originating with Socrates, had solid support in Plato, Aristotle, Ptolemy, and finally, in Catholic patristics, hinging on all disciplines starting from philosophy, psychology, economics, up to law. Dwelling on the latter, examples of legislation that qualify Nature as an object of law are, increasingly over time, the Forest Charter of 1217, the Italian Law No. 1766 of 1927 on civic uses, and furthermore – Art. 812 of the Italian Civil Code, and finally – the cd. Consolidated Environmental Law. This view is, however, changing in some states such as Bolivia, New Zealand, India, Ecuador, Uganda, – the states that through either legislative acts or rulings of supreme courts have begun the process of granting both to Mother Earth in general, and rivers in particular, the status of juridical persons which are endowed with series of very personal rights, which are recognized. This is not the case in Europe, where the relevant legislation continues to consider Nature (or, better, the Environment) as an object of law, therefore as a “thing” from which to draw, albeit within certain limits, utilities of all kinds. By analysing legal instruments potentially useful for a Copernican revolution on this point – in particular, the Kelsenian concept of “legal person”, the meaning of “company” and the European provisions on Artificial Intelligence – the first conclusion is reached: in a relationship that is not only theoretical, but also practical and utilitarian, it would be opportune to start considering, also through acknowledgments in constitutional sources, the Nature as a subject and no longer an object of rights. In this regard, following the general theories of people’s rights, it could be granted certain absolute rights, of which the right to water, restoration and biodiversity are examined in the current article. Hence, we come to the second conclusion, namely, the contrasts that, in Western law, such an approach could suffer, analysing in particular the problems of neo-naturalism and representation.
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Karvatska, S. B., and R. V. Ivaniuk. "Human rights and justice: new discussions on nature and interconnection." In ТЕОРЕТИЧНІ ТА ПРАКТИЧНІ ПРОБЛЕМИ РЕАЛІЗАЦІЇ НОРМ ПРАВА. Liha-Pres, 2022. http://dx.doi.org/10.36059/978-966-397-277-0-6.

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Al Fikry, Ahmad, Nike Sumartono, and Rofi Wahanisa. "Quo Vadis, Greening Nature’s Rights? Enlivening Community Environmental Law and Establishing Legal Personhood for Nature." In Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.27-7-2022.2342425.

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Шадрина, Наталья Максимовна. "DIGITAL RIGHTS AS AN OBJECT OF CIVIL LAW." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/ecs294.2020.10.95.005.

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В статье рассматривается понятие «цифровое право». Определяется его специфика, сущность и значение в современном законодательстве с учётом объективно изменяющихся реалий настоящего времени. Аргументируется необходимость правовой регламентации наиболее проблемных вопросов относящихся к цифровым правам как объектам гражданского права. In this article the notion of “digital right” is regarded. Taking into account the changing reality, the specification, nature and meaning of the digital right in the actual legislation is defined. The argumentation of the necessity for the legal regulation of the most polemic questions concerning digital rights as objects of civil law is provided.
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NAJM, Wafaa. "HUMAN RIGHTS IN LIGHT OF CONTEMPORARY GLOBAL CHALLENGES." In III. International Research Congress ofContemporary Studiesin Social Sciences. Rimar Academy, 2021. http://dx.doi.org/10.47832/rimarcongress3-8.

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The idea of human rights in its contemporary form is a development of the oldest idea, namely, natural rights. God has honored man with the gift of reason and thought and the ability to create and innovate. God has distinguished man from the rest of the creatures, and this honor has rights stemming from the nature of humanity inherent to him as a human being, which is inalienable and closely related to man in himself, and this is what is stipulated by man-made legislation as well as heavenly legislation . The man to be able to preserve, protect and defend his rights, he must know them fully and how to protect them and their guarantees, and this knowledge of human rights is of great importance in building the political system in any country in the world. This research aims to know human rights by defining the right and human rights in language and terminology, and ensuring this right by addressing the guarantees and protection of human rights. Also the research sheds the light on many violations of human rights, which considered to be one of the most important issues on the world and the basic condition for human development at all levels, especially after the human being has struggled for ages for his right in terms of security, stability and living in peace and tranquility. In addition, the research has raised several questions: Can a man obtain the most basic of his rights as stipulated in international and legal texts, despite persistent and continuous attempts to enhance the protection and freedoms of human rights, consolidate their values, spread awareness of them, and contribute to ensuring their achievement? Do societies, with regard to the Arab world, still suffer from these violations in all areas of life? Has a person been forced to leave his homeland and seek refuge, displacement and migration to other countries due to armed and unarmed violations and for the sake of security and an inspection of livelihoods? The answer to these questions will be in the contents of the research. Finally, the study recommends to intensify global efforts to ensure the adoption of human rights issues and give them the priority through humane treatment
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Ismailov, Siraj F. "Characteristics and nature of digital ruble as an object of civil rights." In Актуальные проблемы национального и международного права. Санкт-Петербург: Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2022. http://dx.doi.org/10.47645/9785604917404_262.

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Corwin, Jason, and Ronnie Janoff-Bulman. "From Rights to Responsibilities and Relations." In Moral Motives & STEM-Informed Action / Motivos morales y acción basada en STEM. Knology, 2023. http://dx.doi.org/10.55160/gqww1241.

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Jason Corwin and Ronnie Janoff-Bulman highlight the difference between the collectivist and communalist perspectives on which Indigenous societies are built, and the individualist, capitalist epistemology on which mainstream (Euro-American, Protestant, settler-colonial) institutions rely. As they note, “human dominion over nature” underlies institutionalized science, rather than a stewardship relationship rooted in “responsibility and reciprocity.” They ask us to envision what mainstream science and science communication could look like if they were rooted in interdependence and relationality, rather than individualism and property rights.
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Singh, Sameer K., Ruppa K. Thulasiram, and Parimala Thulasiraman. "A novel application of ACO to price transmission rights in electricity markets." In 2013 World Congress on Nature and Biologically Inspired Computing (NaBIC). IEEE, 2013. http://dx.doi.org/10.1109/nabic.2013.6617874.

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Reports on the topic "Rights of nature"

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Phillips, Sara. Rights of nature. Monash University, January 2023. http://dx.doi.org/10.54377/0cfa-3eac.

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Putzer, Alex. What is the ‘nature’ in the rights of nature? Edited by Sara Phillips. Monash University, January 2023. http://dx.doi.org/10.54377/4940-e93c.

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Joiner, Michael, and James Goldie. Six charts to explain rights of nature. Monash University, January 2023. http://dx.doi.org/10.54377/b20c-60a9.

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Kauffman, Craig. What does rights of nature mean for development? Edited by Sara Phillips. Monash University, January 2023. http://dx.doi.org/10.54377/61e5-678d.

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Burdon, Peter. Giving rights to nature will not stop environmental damage. Edited by Sara Phillips. Monash University, January 2023. http://dx.doi.org/10.54377/9406-ea41.

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O'Donnell, Erin, and Alessandro Pelizzon. Time is now for the next rights of nature phase. Edited by Reece Hooker. Monash University, January 2023. http://dx.doi.org/10.54377/14ec-fe0b.

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O'Bryan, Katie. Australia’s rights of nature push flows from the Yarra River. Edited by Reece Hooker. Monash University, December 2022. http://dx.doi.org/10.54377/9b9d-4563.

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Raj, Sushil. Conservation and Human Rights - Building Together for Nature and Planet: A Common Agenda for Equitable, Just, and Durable Conservation. Wildlife Conservation Society, 2024. http://dx.doi.org/10.19121/2024.report.50800.

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Battams, Nathan. Family Caregiving in Canada: A Fact of Life and a Human Right. The Vanier Institute of the Family, 2016. http://dx.doi.org/10.61959/nnvo5054e.

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At some point in our lives, there is a high likelihood that each of us will provide care to someone we know – and receive care ourselves – at least once. Family members are typically the first to step up to provide, manage and sometimes pay for this care. The forms of family care we provide and receive are so diverse, not to mention second nature, that we may not even think of them as caregiving: driving a sibling to a medical appointment, preparing a meal for a grandparent, picking up a sick child from school – these are all a part of the “landscape of care” in which we live. Families are highly adaptable and most of the time people find ways to manage their multiple work and family responsibilities, obligations and commitments. However, this can be challenging for some working caregivers, since most who juggle work and caregiving are employed full-time. When working family members, protected by the Canadian Human Rights Act, find themselves in a dilemma between providing required care and fulfilling their work obligations – and if they have exhausted other reasonable options to arrange for this care – employers may be obligated under human rights law to accommodate the employee on the basis of family status. Human rights are intended to provide a framework of rights and flexibility so that workers can fulfill both their work and their caregiving obligations.
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Edstrom, Jerker, Ayesha Khan, Alan Greig, and Chloe Skinner. Grasping Patriarchal Backlash: A Brief for Smarter Countermoves. Institute of Development Studies, January 2023. http://dx.doi.org/10.19088/backlash.2023.002.

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Nearly three decades ago the UN World Conference on Women at Beijing appeared to be uniting the international community around the most progressive platform for women’s rights in history. Instead of steady advancement, we have seen uneven progress, backsliding, co-option, and a recent rising tide of patriarchal backlash. The global phenomenon of ‘backlash’ is characterised by resurgent misogyny, homo/transphobia, and attacks on sexual and reproductive rights. It is articulated through new forms of patriarchal politics associated with racialised hyper-nationalist agendas, traditionalism, authoritarianism, and alterations to civic space that have become all too familiar both in the global North and South. A wide range of actors and articulations are involved and influenced by underlying drivers and dynamics. A clearer view of the patriarchal nature of current backlash is a prerequisite for building a cohesive movement to counter it, strategically engaging researchers, activists, policymakers and donors in development.
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