Living in Harmony with Nature? A Critical Appraisal of the Rights of Mother Earth in Bolivia

Kotze, Louis and Calzadilla, Paola (2019) Living in Harmony with Nature? A Critical Appraisal of the Rights of Mother Earth in Bolivia. Transnational Environmental Law, 7 (3). pp. 397-424. ISSN 2047-1025

Full content URL: http://doi.org/10.1017/S2047102518000201

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Abstract

Juridical protection of the rights of nature is steadily emerging in several legal systems and in public discourse. Building on a recent publication in Transnational Environmental Law (TEL) wherein we interrogated Ecuador’s constitutional experiment with the rights of nature, we critically reflect in this contribution on Bolivia’s legal regime providing for the rights of Mother Earth. We do so first by sketching the juridical-political context within which these statutes were drafted and adopted and then by analyzing the relevant constitutional provisions that provide the basis for the laws of Mother Earth. The third part forms the bulk of the discussion and details the background and the most relevant provisions of Bolivian statutes with a view to enabling a deeper critique in Part Four, where we critically evaluate both the symbolic and the theoretical significance of the statutes as well as concerns related to their practical implementation. Insofar as the rights of nature paradigm has now become a truly global debate and a consideration in transnational comparative legal borrowing practices, our analysis aims to reveal the Bolivian experience which could be instructive to civil society groups, academics, politicians and legislatures in a transnational setting.

Keywords:Anthropocentrism, Ecocentrism, Rights of Mother Earth, Bolivia
Subjects:M Law > M100 Law by area
Divisions:College of Social Science > Lincoln Law School
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ID Code:32466
Deposited On:13 Aug 2018 10:31

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