Journal articles: '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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Ram, Dr N. Venkat, and Shivam Sakshi. "Human Rights Violation Against Women and Their Nature." Global Journal For Research Analysis 3, no. 8 (June 15, 2012): 1–3. http://dx.doi.org/10.15373/22778160/august2014/102.

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Possenti, Vittorio. "Human Rights and Human Nature." Tópicos, Revista de Filosofía 8, no. 1 (November 28, 2013): 33. http://dx.doi.org/10.21555/top.v8i1.476.

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Parece que hay dos diferentes versiones de los derechos humanos en la tradición occidental: a saber, la racionalista y la cristiana; la primera adoptada por la revolución francesa, la última altamente desarrollada en el renacimiento español. Actuales críticas relativistas tratan de negar la universalidad de los derechos humanos alegando que es una teoría que ha sido creada por países occidentales o que no tiene una justificación fuerte, y que por tanto no puede tener un alcance universal; pero esta objeción puede ser descartada con una justificación alternativa de los derechos humanos.

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Krivokapic, Boris. "The nature of human rights." Megatrend revija 13, no. 2 (2016): 59–70. http://dx.doi.org/10.5937/megrev1602059k.

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Rhéaume, Jean. "Human Rights and Human Nature." Revue générale de droit 28, no. 4 (March 16, 2016): 523–34. http://dx.doi.org/10.7202/1035619ar.

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At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

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Lathrop, Stacy. "Human Nature, Rights and Ethics." Anthropology News 45, no. 6 (September 2004): 8. http://dx.doi.org/10.1111/an.2004.45.6.8.

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Chapron, Guillaume, Yaffa Epstein, and José Vicente López-Bao. "A rights revolution for nature." Science 363, no. 6434 (March 14, 2019): 1392–93. http://dx.doi.org/10.1126/science.aav5601.

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Wenar, Leif. "The Nature of Claim-Rights." Ethics 123, no. 2 (January 2013): 202–29. http://dx.doi.org/10.1086/668707.

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Fahrenkamp-Uppenbrink, Julia. "Recognizing rights to protect nature." Science 363, no. 6434 (March 28, 2019): 1411.18–1413. http://dx.doi.org/10.1126/science.363.6434.1411-r.

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Sosula, Alexander. "Legal nature of corporate rights." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 2018, no. 889 (February 22, 2018): 100–105. http://dx.doi.org/10.23939/law2018.889.100.

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Kessler, Julian. "Representing the rights of nature." ELSA Austria Law Review 9, no. 1 (2024): 88–96. http://dx.doi.org/10.33196/ealr202401008801.

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Laastad, Synneva Geithus. "Nature as a Subject of Rights? National Discourses on Ecuador’s Constitutional Rights of Nature." Forum for Development Studies 47, no. 3 (August 23, 2019): 401–25. http://dx.doi.org/10.1080/08039410.2019.1654544.

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Klyza, Christopher McGrory. "DO TREES HAVE RIGHTS? RIGHTS, NATURE, AND CONCEPTUAL CHANGE." Southeastern Political Review 22, no. 3 (November 12, 2008): 427–44. http://dx.doi.org/10.1111/j.1747-1346.1994.tb00338.x.

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Thompson, C. Bradley. "ON DECLARING THE LAWS AND RIGHTS OF NATURE." Social Philosophy and Policy 29, no. 2 (July 2012): 104–38. http://dx.doi.org/10.1017/s0265052512000015.

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AbstractThis article examines the moral theory of the American Revolutionary and Founding periods by focusing on two key concepts of that doctrine: the moral laws and the moral rights of nature. In particular, the article will examine several important questions from the perspective of America’s Revolutionary generation: What are the moral laws and rights of nature? What is the difference between a law and a right of nature, and how are the laws and rights of nature related to each other? Are nature’s moral laws and rights descriptive, prescriptive, or both? What are the attributes and sanctions of nature’s laws and rights, and how are they promulgated? What is the source of nature’s laws and rights? And finally, how did America’s founding fathers use the laws and rights of nature to establish their political institutions? In order to answer these questions, the article focuses on the core text universally recognized as the symbol of America’s revolutionary mind and moral theory: the Declaration of Independence. The Declaration’s deepest philosophic meaning is herein illuminated by also examining the broader, extant literature of the period.

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Gert, Heather J. "Rights and Rights Violators: A New Approach to the Nature of Rights." Journal of Philosophy 87, no. 12 (December 1990): 688. http://dx.doi.org/10.2307/2026975.

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Cherevko, P. P. "The legal nature of the author’s personal non-property rights." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 335–39. http://dx.doi.org/10.24144/2788-6018.2022.03.60.

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In this article, the author analyzes the essence of the legal nature of the author’s personal nonproperty rights. It is noted that copyright studies conducted in Germany based on the philosophical concept of I. Kant (a right related to the personality of the creator) played an important role in protecting the author’s personal rights in continental Europe. These scientific investigations played a decisive role in the emergence of the doctrine of personal nonproperty rights of the author, which are designed to ensure the protection of the personality of the creator in his work.The monistic and dualistic concept of personal non-property rights of the author is considered. It is argued that the monistic concept interprets all the powers of a personal (non-property) nature recognized by the author as a manifestation of a single and indivisible copyright, where the significant difference between the legal regime of personal non-property and property rights to works does not mean that the question of the legal nature of the author’s non-property rights is resolved in advance . The author supports a dualistic approach in revealing the legal nature of the author’s nonproperty personal rights, since it is still better argued and contains practical points that are important both for the process of using personal non-property and property rights, as well as for law enforcement activities, where it is necessary to observe a clear distinction between the understanding of the legal regime of the author’s non-property and property rights.The essence of the author’s personal nonproperty rights is revealed through the analysis of the attributive features of these subjective rights, which ensure the connection of the creator with the work created by him and protect his personality embodied in it. The specified features include the non-property nature of the author’s personal rights, the inherent nature of the fact of authorship, their absoluteness, essentiality and inalienability. The last feature is optional, while the others are mandatory. The optionality of such a feature as the inalienability of the author’s personal non-property rights is associated with the possibility of transferring such a non-property right of the author as the right of state registration of copyright to the work to other persons.

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Ween, Gro Birgit. "Tracking Nature Inscribed: Nature in Rights and Bureaucratic Practice." Nordic Journal of Science and Technology Studies 2, no. 1 (December 1, 2016): 28. http://dx.doi.org/10.5324/njsts.v2i1.2134.

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<p>Indigenous people live in places that non-indigenous people generally consider nature. As these peoples’ livelihoods often are in this nature, their lives are frequently bureaucratised in ways that most of us would never encounter. This article describes my long-term effort to find ways to explore such bureaucratic processes in practice as part of my contribution to an environmental anthropology. I describe how I methodologically and theoretically explore such processes by using two examples of my writing, the articles “Blåfjella-Skjækerfjella nasjonalpark: Naturforvaltning som produksjon av natur/sted” and “Enacting Human and Non-Human Indigenous Salmon, Sami and Norwegian Natural Resource Management”. The first text describes Sami reindeer herders fighting the establishment of a national park. The other concerns an attempt of the Directorate of Nature Management to reregulate sea salmon fishing. Comparing these two articles, I show the variety of bits of nature that are materialised in bureaucratic process. Agency within such bureaucratic processes is explored with references to the materialities of the coined terms, texts bits, conventions and other legal references, as well as the numbers produced in the documents. Circulated, these bits of nature certainly influence the outcome of environmental controversies – they can contribute to naturalising particular narratives or foreseen outcomes. </p>

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Hasan, Rafeeq. "The provisionality of property rights in Kant's Doctrine of Right." Canadian Journal of Philosophy 48, no. 6 (December 2018): 850–76. http://dx.doi.org/10.1080/00455091.2018.1429181.

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AbstractI criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature. Weak provisionality holds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast, strong provisionality holds that making property claims in the state of nature wrongs others. I argue for a third view, anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate a condition in which the authority to make such claims can no longer be unilaterally determined.

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Rawson, Ariel, and Becky Mansfield. "Producing juridical knowledge: “Rights of Nature” or the naturalization of rights?" Environment and Planning E: Nature and Space 1, no. 1-2 (March 2018): 99–119. http://dx.doi.org/10.1177/2514848618763807.

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Rights of Nature, the idea of extending legal personhood to nature, is today’s most prominent alternative to mainstream environmental governance. Proponents describe Rights of Nature as a grassroots movement of diverse actors opposing commodification of life and anthropocentric dualism of western thought. In Rights of Nature, indigenous cosmologies validate holistic models of life to overcome dualities of nature and humans. We argue this move enacts a paradoxical dichotomy between the West and the rest and, in so doing, treats rights as existing outside western history. In this article, we push against the image of Rights of Nature as a global consensus converging on the inevitability of rights. Applying decolonial, black feminist perspectives on historical mobilizations of rights, we ask how rights for nature becomes rights as natural. We trace individuals, institutions, and ideas associated with Rights of Nature, conceptualized as a Transnational Policy Network. We find tight linkages among a small number of actors, mostly from the global North, who draw on western holism and jurisprudence to present nature’s rights as an indigenous and natural alternative to western development. Rights of Nature is not just connected to the same ideas of nature and law it rejects, but through these connections Rights of Nature universalizes colonial modes of existence as natural.

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de Prada García, Aurelio. "Human Rights and Rights of Nature: The Individual and Pachamama." Rechtstheorie 45, no. 3 (September 2014): 355–65. http://dx.doi.org/10.3790/rth.45.3.355.

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Rubin, Peter J. "Equal Rights, Special Rights, and the Nature of Antidiscrimination Law." Michigan Law Review 97, no. 2 (November 1998): 564. http://dx.doi.org/10.2307/1290292.

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Mudassar Hussain and Naeem Akhtar. "Theoretically Justification of Human Rights: A Case of Natural Rights Theory." Zakariya Journal of Social Science 2, no. 1 (June 30, 2023): 42–53. http://dx.doi.org/10.59075/zjss.v2i1.232.

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The theoretical justification of natural rights examines the philosophical foundations and ethical principles that support the existence and applicability of these rights. People have some rights simply by being human, and neither groups nor governments may bestow them upon them, according to the idea of natural rights. It also provides a concise overview of the theories that support natural rights, including those that rely on moral intuition, human nature, and the Social Contract. The moral intuition approach maintains that natural rights are self-evident and universally accepted since they are based on our innate sense of right and wrong. It claims that certain inherent human rights are required for human flourishing and well-being. Based on the intrinsic qualities and needs of people, the human nature perspective defends natural rights. It argues that some rights, such as the right to life, liberty, and property, are derived from basic human attributes and abilities. According to the Social Contract theory, a hypothetical agreement among members of a community serves as the foundation for natural rights. It proposes that people voluntarily create a Social Contract to set up a governing body that upholds and defends their fundamental rights. These theoretical defenses offer frameworks for comprehending the nature, significance, and defense of natural rights. They emphasize on these rights’ intrinsic and universal nature, the value of human dignity, and the idea of inalienability. Individuals can live dignified lives by recognizing and upholding their natural rights.

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Echeverría, Hugo. "RIGHTS OF NATURE: THE ECUADORIAN CASE." REVISTA ESMAT 9, no. 13 (December 19, 2017): 77. http://dx.doi.org/10.34060/reesmat.v9i13.192.

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The recognition of rights to nature by the Constitution of Ecuador sets a new normative scenario for analysis of the role of law in human-nature interactions. Given the scope of such a recognition, one relying on unorthodox biocentric views, these rights raise controversy. To some, nature rights are rather symbolic; to others, these rights are not only real but fundamental to effectively address the ever-growing degradation of nature. Yet, others focus on enforcement and juridical interpretation of their normative content as to determine whether recognition of constitutional rights to nature provide the foundations for a more effective role of the law in this field.

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Varga, Csaba. "The problematic nature of human rights." Társadalomkutatás 31, no. 2 (June 2013): 93–108. http://dx.doi.org/10.1556/tarskut.31.2013.2.1.

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Simonikhin, V. S., R. M. Ushakov, and V. N. Gavrilov. "The civil nature of digital rights." Право и государство: теория и практика, no. 4 (2022): 94–98. http://dx.doi.org/10.47643/1815-1337_2022_4_94.

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Amar, Vikram David, and Alan Brownstein. "The Hybrid Nature of Political Rights." Stanford Law Review 50, no. 3 (February 1998): 915. http://dx.doi.org/10.2307/1229327.

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Spector, Horacio. "The Reflective Nature of Moral Rights." Metodo. International Studies in Phenomenology and Philosophy 2, no. 1 (2014): 35–47. http://dx.doi.org/10.19079/metodo.2.1.35.

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Mcconnell, T. "Genetic Enhancement, Human Nature, and Rights." Journal of Medicine and Philosophy 35, no. 4 (July 16, 2010): 415–28. http://dx.doi.org/10.1093/jmp/jhq034.

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Kramer, Matthew H. "On the Nature of Legal Rights." Cambridge Law Journal 59, no. 3 (November 16, 2000): 473–508. http://dx.doi.org/10.1017/s0008197300000210.

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This article seeks to uphold the Interest Theory of legal rights by arguing that such a theory can withstand objections and handle difficulties that are often posed against it. Building on the author’s previous defences of the Interest Theory, the present article also seeks to expose some serious shortcomings in competing theories. Among the topics covered are the role of legal powers of enforcing or waiving legal rights; the possibility of rights to be mistreated; and the status of inoperative rights. In each case, so the article argues, the complexities of the issues involved can best be handled by a theory which maintains that the essential function of legal rights is the protection of various aspects of people’s well-being.

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Jena, Nibedita Priyadarshini. "Balance of Nature and Animal Rights." Journal of Indian Council of Philosophical Research 32, no. 3 (August 19, 2015): 405–17. http://dx.doi.org/10.1007/s40961-015-0027-5.

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Krämer, Ludwig. "Rights of Nature and Their Implementation." Journal for European Environmental & Planning Law 17, no. 1 (January 25, 2020): 47–75. http://dx.doi.org/10.1163/18760104-01701005.

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This paper passes in review the different pieces of legislation and court judgments which were issued until now as regards rights of nature, and critically comments on their impact. In a first section, the legislation, including the constitutional texts of some countries, will be presented. In a second section, the implementation of the different measures will be discussed, also with a view, whether the EU could learn from the trend to give natural assets rights of their own. Short concluding remarks will end the contribution.

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Kumalagov, N. E. "The civil nature of digital rights." Право и государство: теория и практика, no. 12 (2022): 253–55. http://dx.doi.org/10.47643/1815-1337_2022_12_253.

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Minh, Le Thi. "The Legal Nature of Emission Rights – International Experience and Vietnamese Law." International Journal of Religion 5, no. 10 (June 2, 2024): 511–22. http://dx.doi.org/10.61707/w4238794.

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The carbon emission rights market effectively controls emissions activities and develops the economy. The market's stability will depend on determining the legal nature of the objects allowed to circulate in that market. However, carbon trading markets worldwide have yet to reach a consensus in determining the legal nature of carbon emission rights. The article shows that national laws have different approaches to the legal nature of carbon emission rights in one of the following cases: (i) Just an administrative tool; (ii) Is an object of ownership, which is divided into goods or financial instruments; (iii) Is subject to ownership rights but is limited; (iv) Determined flexibly. The article reviews international experience in determining the legal nature of emission rights. Based on that, the article explores the factors determining the legal nature of carbon emission rights. Specifically, the paper determines that the right to emit carbon qualifies as an asset and should be classified as an intangible asset.

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Babaeva, Parvana Bayram. "General nature of legal regulation of constitutional legal relations." SCIENTIFIC WORK 62, no. 01 (February 8, 2021): 147–50. http://dx.doi.org/10.36719/2663-4619/62/147-150.

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Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative

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Choi, jinyi. "A Study on the Rights of Nature to Preserve Sustainable Natural Ecosystems." Institute for Legal Studies Chonnam National University 44, no. 2 (May 30, 2024): 99–123. http://dx.doi.org/10.38133/cnulawreview.2024.44.2.99.

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The Civil Law limits the qualifications to have legal personality to ‘persons (natural persons or corporations).’ However, since the 1970s, the opinion that there is a need to extend the legal qualifications for rights subjects, which are limited to humans, to include nature or natural components has emerged as a major concern in law. This is a discussion about the so-called rights of nature. A representative recent example is the Republic of Ecuador. In September 2008, Ecuador revised its constitution and established a new regulation recognizing the rights of nature, thereby providing a constitutional basis for nature to protect its own right to survival. Meanwhile, Republic of Bolivia became the first country to recognize the rights of nature in law by enacting a law declaratively defining universal rights to the rights of nature in December 2010. And Republic of Colombia does not have provisions on natural rights in its constitution. However, the Constitutional Court and the Supreme Court recognize the existence of natural rights by actively interpreting environmental rights and the relationship between nature and humans from the perspective of ecocentrism. Article 35 of the Constitution of the Republic of Korea also provides for environmental rights. However, this is not intended to recognize nature as a subject of rights, or to protect the intrinsic value of nature itself or the ecosystem. Nature and its components are recognized only as tools for human benefit. However, with this human-centered view of nature, it is impossible to fundamentally resolve today's natural destruction and the resulting climate crisis. Therefore, in order to ensure a sustainable natural ecosystem for future generations, theoretical attempts are underway to grant a certain legal status to non-human nature or natural objects. In this paper, I reviewed the concept of the rights of natural objects other than humans or nature itself among the subjects of nature, as well as domestic discussions and major overseas cases regarding natural rights. And a plan for domestic acceptance of natural rights was sought.

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Aas, Sean. "Some notes on the nature and limits of posthumous rights: a response to Persad." Journal of Medical Ethics 46, no. 5 (October 18, 2019): 345–46. http://dx.doi.org/10.1136/medethics-2019-105833.

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A person’s body can, it seems, survive well after losing the capacity to support Lockean personhood. If our rights in our bodies are, basically, rights in our selves or persons, this seems to imply that we do not after all have a right to direct the disposition of our living remains via advance directive. Govind Persad argues that our rights over our bodies persist after the loss of our personhood; we have a right to insist that our bodies die after we are gone for much the same reason that we have a right to decide whether or not to donate organs, after our death. Persad’s conclusion may be right; however, his arguments regarding body rights are insufficient. Persad’s suggestion that our rights in our bodies come from a history of acting and sensing through them cannot, quite, be right, since we act and sense through tools, as well. Nor should we accept Persad’s arguments, from intuitions in cases involving posthumous pregnancy, that our posthumous body rights (however acquired) are powerful enough to allow choices that will result in the death of beings that need our living remains to survive. Problems with these intuitions point to a more general concern for this sort of case-based intuitionistic method: it presupposes that what body rights we have is a matter of ‘natural right’, accessible to all, rather than a function of how social institutions do or should resolve conflicts about the proper way of defining our authority over our bodies.

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Kohl, Ellen. "Rights for nature or protecting people’s rights?: The operationalization of rights of nature in non-indigenous communities in the United States." Geoforum 156 (November 2024): 104124. http://dx.doi.org/10.1016/j.geoforum.2024.104124.

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Щавинська, Ю. М. "LEGAL NATURE OF PROPERTY RIGHTS AND THEIR STATE REGISTRATION." Juridical science 1, no. 4(106) (April 2, 2020): 183–91. http://dx.doi.org/10.32844/2222-5374-2020-106-4-1.22.

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The relevance of the article is that the property rights of citizens and businesses are not only the basis of Ukraine's economy - they are based on family relations, they are also the material basis of local governments and state organizations, institutions and enterprises. In other words, without their proper registration and protection, it is impossible to ensure any other sphere of public life. In Ukraine, some attention is paid to the legislative definition of property rights and the problem of their state registration. And if with the first part of the outlined, in our opinion, a certain harmony is reached, then the issue of protection of property rights in today's conditions is acute. Its violations, in particular raids on enterprises and other violations of the property rights of individuals and legal entities, although decreased in number, but such facts have not remained in the past. The leading instrument of administrative legal protection of property rights is the institution of state registration of property rights, which in today's conditions is undergoing a process of further transformation and improvement in the effectiveness of protection of the rights of property rights. The artіcle reveals and descrіbes the legal nature of property rіghts and theіr state regіstratіon. Thіs іs done on the basіs of the theory of natural law, the theory of admіnіstratіve law, the theory of cіvіl law, as well as domestіc legіslatіon. Іt іs proved that the legal nature of the state regіstratіon of real rіghts to іmmovable property іs that іn іts іmplementatіon there are specіfіc admіnіstratіve and legal relatіons of a protectіve nature. It is concluded that the legal nature of state registration of property rights to property rights is that in its implementation there are classic administrative and legal protection relations, which involve applicants or their authorized persons, usually private legal entities, and public ( public) registrars as subjects of power. The content of these relations is: 1) the subjective right of the applicant to receive a kind of public protection in formal form (security document) and in essence - to use the entire public apparatus of protection and state coercion in his case in case of violation of registered property rights; 2) the administrative duty of a special subject of public administration (registrar) is a public obligation to carry out such registration. In turn, the registrar has the right to demand from the applicant provided by the current legislation confirmation of ownership of the property rights submitted for registration. Legal facts in the analyzed area of administrative and legal relations are the entry in the register of decisions on state registration, which directly lead to a change or termination of legal relations. A separate line in this area should be noted administrative-legal, administrative-procedural and economic-procedural legal relations that arise when appealing the decisions of state registrars to refuse registration (registration) of property rights to administrative or (and) judicial authorities.

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Puppinck, Grégor. "Human Rights and Transhumanism: From Natural Rights to Trans-Natural Rights." Chrześcijaństwo-Świat-Polityka, no. 28 (November 25, 2024): 60–73. http://dx.doi.org/10.21697/csp.2024.28.1.04.

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This text explores the evolution of human rights throughout the 20th century. The text analyses the transition from traditional conceptions of human dignity rooted in human nature to emerging notions influenced by transhumanist ideologies. The analysis delves into contrasting perspectives on human dignity, comparing the Aristotelian-Christian tradition, which values the unity of body and soul, with materialist philosophies that prioritize intellect over physicality. The document outlines how these philosophical shifts have led to the emergence of “disembodied dignity” and the promotion of “anti-natural” and eventually “trans-natural” rights, which prioritize individual will over inherent human nature. Through historical analysis and philosophical inquiry, this text examines how these evolving ideologies have influenced legal interpretations, societal values, and the trajectory of human rights discourse.

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Kotzé, Louis J. "The Right to a Healthy Environment and Law's Hidden Subjects." AJIL Unbound 117 (2023): 194–98. http://dx.doi.org/10.1017/aju.2023.27.

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In this essay I reflect upon whether and how the recent international recognition of the right to a healthy environment might––or might not––provide greater support for efforts to define and protect the rights of what one could term “law's hidden subjects,” namely future generations and nature. Although there are several examples of rights-based regimes that aim to protect future generations and nature, few would disagree that these hidden subjects require better legal protection, and that thoroughgoing reform of existing human rights law is overdue. I argue that the international recognition of a human right to a healthy environment might contribute less to such reforms than what one would have intuitively expected. One reason for this is because the formulation of the right does not provide anything new in terms of more comprehensive recognition and protection of rights of nature and future generations. Although it is an important symbolic event that signifies broad consensus on the importance of rights-based environmental protection, many domestic and regional legal regimes already protect future generations, while some even offer innovative rights of nature provisions. At best, UN General Assembly Resolution 76/300 merely reinforces the status quo ante.

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Harel, Alon. "Revisionist Theories of Rights: An Unwelcome Defense." Canadian Journal of Law & Jurisprudence 11, no. 2 (July 1998): 227–44. http://dx.doi.org/10.1017/s0841820900002009.

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Disputes over the scope of specific rights, e.g., over the right to free speech, the right to property, or the right to equality, often originate in differing assumptions concerning the reasons that justify the protection of these rights. Thus, those who believe that reasons of autonomy justify the right to free speech will identify the scope of this right differently from those who justify this protection through, say, appeal to the marketplace of ideas. Despite the diverse subject matter of these disputes, there is a uniform structure characterizing them. Some supporters of rights, call them “traditionalists,” locate the reasons that justify the protection of rights within individualistic concerns. Others, call them “revisionists,” deny this traditional claim and argue that rights can be partially or exclusively grounded in societal interests.Traditionalism’ and ‘revisionism’ are terms stipulated to clarify the conceptual difference between two different understandings of rights. These understandings are often implicit in the way the term ‘rights’ is used in political or legal debates concerning the scope of particular rights. At other times, these implicit understandings of the term ‘rights’ are articulated more or less explicitly by moral or political philosophers investigating the nature of rights. Thus, when the terms ‘revisionist’ or ‘traditionalist’ are used in this article, they are used in two different ways. Sometimes, they denote implicit fundamental presuppositions about the nature of rights—presuppositions which underlie many of the contemporary debates over the scope of particular rights. At other times, they denote philosophical theories exploring systematically the nature of rights and the reasons underlying them.

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Journal articles on the topic 'Rights of nature'

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