Abstract

HINCAPIE, SANDRA. Global Environmental Governance and Rights of Nature in Latin America. Rev. Derecho Estado [online]. 2023, n.54, pp.277-305.  Epub Feb 04, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n54.09.

The article compares climate governance treaties with the Energy Charter Treaty and explains the effects of granting rights to nature at the state level concerning global environmental governance of climate change and its relevance for Latin America. He argues that the promotion and granting of rights to nature at the state level is an element that contributes to the coordinated socio-legal activation of diverse actors, presses for the effective implementation of measures, and the fulfillment of multilateral commitments within the "orchestration" of global environmental governance. Likewise, and from a human rights perspective, I argue that, within the trajectory of transnational climate governance, State-level action, through the acceptance of rights to nature, represents an unavoidable precautionary measure, given the increasing pressure from the global north for nature's goods and services in the context of the energy transition.

Keywords : Global environmental governance; climate change; human rights; rights of nature; socio-environmental conflicts; energy transition.

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