Rights of Nature: Why it Might Not Save the Entire World

2019 ◽  
Vol 16 (1) ◽  
pp. 35-64 ◽  
Author(s):  
Julien Bétaille
Keyword(s):  
Paradigm Shift ◽  
Environmental Law ◽  
Intrinsic Value ◽  
New Paradigm ◽  
Philosophical Approach ◽  
Legal Personhood ◽  
Rights Of Nature ◽  
Value Of Nature ◽  
Entire World ◽  
Wide Access

The advent of Rights of Nature (RoN) marks a new paradigm shift in the philosophical approach to nature. As such, the concept has generated enthusiasm amongst environmentalists and legal scholars. This is not surprising since granting legal personhood to nature seems to present itself as a relative easy fix for the multitude of deficiencies of “modern” environmental law. However, when critically assessed, many of the underlying assumptions justifying a shift towards rights-based approaches to nature are open to challenge. In this paper, which takes a more critical stance on the topic of RoN, it is submitted that also the much-criticized modern environmental law is moving towards a recognition of the intrinsic value of nature, puts breaks on property rights, offers remediation actions for pure ecological damage and also increasingly grants environmental ngos wide access to courts. Moreover, on a second level, it is argued that RoN are not a legal revolution and that many of the problems Rights of Nature tries to cure – such as a lack of enforcement – will simply re-emerge if not adequately assessed within this novel paradigm.

Ecosystem Services as a Metaphor in Environmental Law

2020 ◽  
Vol 39 (3) ◽  
pp. 525-548
Author(s):  
Justine Bell-James
Keyword(s):  
Ecosystem Services ◽  
Coastal Wetland ◽  
Environmental Law ◽  
Intrinsic Value ◽  
Value Of Nature ◽  
Commodification Of Nature

The ecosystem services concept is a useful tool in environmental law, as it allows nature to be considered on the same plane of comparison as proposed development. However, the concept has received significant criticism, with many critics arguing that nature should be valued for its intrinsic worth. This article synthesises the ethical objections to the ecosystem services concept, distinguishing objections to the concept itself, and objections to the commodification of nature. It considers how the concept has been used in Australian environmental law to date, drawing on examples from the coastal wetland context. It concludes that most applications have not involved commodification, and have incorporated notions of intrinsic value. It concludes with some observations for future progress in this field, considering how the ecosystem services concept can be balanced with concerns for respecting the intrinsic value of nature.

Part II Analytical Approaches, Ch.14 Earth Jurisprudence

2021 ◽  
Author(s):  
Cullinan Cormac
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Philosophical Approach ◽  
The Earth ◽  
Governance Systems ◽  
Rights Of Nature ◽  
Healthy Functioning ◽  
Mother Earth ◽  
Analytical Approaches

This chapter assesses Earth jurisprudence, which is a philosophical approach to legal and governance systems at every level, rather than a theory of international environmental law. It refers to philosophies of law and governance which seek to guide humans to behave in ways that contribute to the integrity, healthy functioning, beauty, and ongoing evolution of the community of life known as ‘Earth’. This approach seeks to promote the flourishing of the Earth community and a ‘mutually enhancing human-Earth relationship’, rather than its subjugation and exploitation by humankind. The chapter explains the worldview that informs Earth jurisprudence, before looking at the essential concepts and principles that make this approach so distinctive. It then tracks the emergence of Earth jurisprudence and the rights of Nature/Mother Earth within the international sphere, and evaluates how this approach may affect the development of international law.

scholarly journals New Targeted Therapies and Immunotherapies for Locally Advanced Periocular Malignant Tumours: Towards a New ‘Eye-Sparing’ Paradigm?

Cancers ◽  
2021 ◽  
Vol 13 (11) ◽  
pp. 2822
Author(s):  
Arnaud Martel ◽  
Sandra Lassalle ◽  
Alexandra Picard-Gauci ◽  
Lauris Gastaud ◽  
Henri Montaudie ◽  
...  
Keyword(s):  
Targeted Therapies ◽  
Paradigm Shift ◽  
Adjuvant Radiotherapy ◽  
Locally Advanced ◽  
Second Step ◽  
Malignant Tumours ◽  
New Paradigm ◽  
Eye Pain ◽  
Almost All ◽  
Orbital Lesions

The management of periocular skin malignant tumours is challenging. Surgery remains the mainstay of treatment for localised eyelid cancers. For more locally advanced cancers, especially those invading the orbit, orbital exenteration has long been considered the gold standard; however, it is a highly disfiguring and traumatic surgery. The last two decades have been marked by the emergence of a new paradigm shift towards the use of ‘eye-sparing’ strategies. In the early 2000s, the first step consisted of performing wide conservative eyelid and orbital excisions. Multiple flaps and grafts were needed, as well as adjuvant radiotherapy in selected cases. Although being incredibly attractive, several limitations such as the inability to treat the more posteriorly located orbital lesions, as well as unbearable diplopia, eye pain and even secondary eye loss were identified. Therefore, surgeons should distinguish ‘eye-sparing’ from ‘sight-sparing’ strategies. The second step emerged over the last decade and was based on the development of targeted therapies and immunotherapies. Their advantages include their potential ability to treat almost all tumours, regardless of their locations, without performing complex surgeries. However, several limitations have been reported, including their side effects, the appearance of primary or secondary resistances, their price and the lack of consensus on treatment regimen and exact duration. The aim of this article was to review the evolution of the management of locally advanced periocular malignant tumours over the last three decades and highlight the new paradigm shift towards the use of ‘eye-sparing’ strategies.

scholarly journals Practices of sustainability and the enactment of their natures/cultures: Ecosystem services, rights of nature, and geoengineering

2021 ◽  
pp. 053901842199894
Author(s):  
Frank Adloff ◽  
Iris Hilbrich
Keyword(s):  
Ecosystem Services ◽  
Latin American ◽  
Social Systems ◽  
The Earth ◽  
Starting Point ◽  
Knowledge Cultures ◽  
Rights Of Nature ◽  
Value Of Nature ◽  
The One ◽  
And Control

Possible trajectories of sustainability are based on different concepts of nature. The article starts out from three trajectories of sustainability (modernization, transformation and control) and reconstructs one characteristic practice for each path with its specific conceptions of nature. The notion that nature provides human societies with relevant ecosystem services is typical of the path of modernization. Nature is reified and monetarized here, with regard to its utility for human societies. Practices of transformation, in contrast, emphasize the intrinsic ethical value of nature. This becomes particularly apparent in discourses on the rights of nature, whose starting point can be found in Latin American indigenous discourses, among others. Control practices such as geoengineering are based on earth-systemic conceptions of nature, in which no distinction is made between natural and social systems. The aim is to control the earth system as a whole in order for human societies to remain viable. Practices of sustainability thus show different ontological understandings of nature (dualistic or monistic) on the one hand and (implicit) ethics and sacralizations (anthropocentric or biocentric) on the other. The three reconstructed natures/cultures have different ontological and ethical affinities and conflict with each other. They are linked to very different knowledge cultures and life-worlds, which answer very differently to the question of what is of value in a society and in nature and how these values ought to be protected.

Sanitation game changing: paradigm shift from end-of-pipe to off-grid solutions

2019 ◽  
Vol 14 (3) ◽  
pp. 497-506 ◽  
Author(s):  
J. N. Bhagwan ◽  
S. Pillay ◽  
D. Koné
Keyword(s):  
Paradigm Shift ◽  
Developing World ◽  
Universal Access ◽  
Energy Requirement ◽  
Water Security ◽  
User Preferences ◽  
New Paradigm ◽  
Human Waste ◽  
Wastewater Pollution ◽  
Developed Nations

Abstract The toilet-wastewater-pollution nexus – the provision of safe, hygienic and appropriate sanitation solutions – is an emerging, priority issue world-wide. Developed nations have followed a linear design approach to achieve their sanitation needs, with conventional waterborne systems continuously improved to meet more stringent control and pollution regulations while minimising the load on the natural environment. Developing countries, on the other hand, continue to struggle to implement such systems, due to a myriad of factors associated with financing, affordability and revenue, and thus rely heavily on on-site systems. On-site systems pose a different set of technical challenges related to their management, which is often overlooked in the developing world. Whereas, while technology strides increase in conventional sanitation processes towards zero-effluent, these come at a significant cost and energy requirement. Further, climate variability and water security put added pressure on the resources available for flushing and transporting human waste. A new paradigm for sanitation, proposed in this paper, introduces and is based on technology disrupters that can safely treat human excreta, and matches user preferences without the need for sewers, or reliance on large quantities of water and/or energy supplies. Through innovation and smart-chain supply, universal access can be achieved sustainably, and linked to water security and business opportunities. The opportunity arises for leapfrogging these solutions in growing cities in the developing world, reducing water consumption and eliminating pollutant pathways.

The Question of the Future of Indian Muslims in Malaysia: The Post-Mahathir Legacy Era

2012 ◽  
Vol 11 (1-2) ◽  
pp. 219-246 ◽  
Author(s):  
Ahmad Noor Sulastry Yurni
Keyword(s):  
Paradigm Shift ◽  
Social Economic ◽  
Ethnic Politics ◽  
Muslim Community ◽  
British Colonialism ◽  
Way Of Life ◽  
New Paradigm ◽  
Economic Allocation ◽  
Islamic Resurgence ◽  
The Difference

Abstract Abstract The Malays, Chinese and Indian community in Malaysia have been homogenized since British colonialism. The existence of Indian Muslims’ identity caused a new paradigm shift in Malaysia involving the racial discussion. This paper traces the difference in Indian Muslims’ identities from Indian and the Hindus. I argued that Indian Muslims share Islam as their religion and faith, while maintaining a Malay way of life and custom in their daily practices. In Malaysia, the Indian Muslim community struggled to place their future in terms of social, economic allocation and political justification among the other communities. However, the strength of ethnic politics clearly charted out their involvement in the political base and moved them to fight for their cause and rights. Hence, today’s Indian Muslim community has caused an Islamic resurgence, which has brought a new Indian dimension as a whole.

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