Abstract

ESBORRAZ, David Fabio. The latin-american alternative ecological model between the protection of the environment as a human right and the recognition of the rights of nature. Rev. Derecho Estado [online]. 2016, n.36, pp.93-129. ISSN 0122-9893.

The concern of Latin-American Law about the "environmental issue" is rooted in the "inclusion of natural resources among the public goods" supported by the "Social Constitutionalism". Subsequently it has been revitalised thanks to the development of the "International Environmental Law" and further intensified with the rise of the "New Latin-American Constitutionalism" and the unfolding of a real "Environmental Constitutionalism" which is clearly recognising the human right to an adequate (for the development of the person) and sustainable environment. Nonetheless, in particular due to the fact that this law is built on a strongly "anthropocentric" conception, this was not enough to avoid nature despoil. Therefore, the so-called "New Andean Constitutionalism", by reaffirming the visio mundi of the Latin-American indigenous peoples, proposes to directly recognize the nature as a subject of law and to complete such a paradigm shift by adopting an alternative development model based on the Amerindian ethic-moral principle of the "Good Living"/"Living well" ("Buen Vivir"/"Vivir Bien").

Keywords : Natural Resources; Environment as a Human Right; Right to Development; International Environmental Law; Latin American Environmental Constitutionalism; Rights of Nature; Good Living"/"Living well" ("Buen Vivir"/"Vivir Bien").

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