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UNA LAGUNA CON DERECHO A EXISTIR. LA NATURALEZA COMO SUJETO DE DERECHOS Y EL RECONOCIMIENTO DE LA PERSONALIDAD JURÍDICA DEL MAR MENOR.

Authors :
MARTÍNEZ DALMAU, RUBÉN
Source :
Teoria y Realidad Constitucional. 2023, Issue 52, p357-375. 19p.
Publication Year :
2023

Abstract

The recognition of the legal ownership and rights of the Mar Menor in the law 19/22 introduces the Spanish legal system into the ecocentric approach: nature is recognized by Law as a subject of rights and not simply as an object of regulation. This innovation opens a door in Europe towards what the United Nations knows as the jurisprudence of the Earth, a concept that sinks its foundations in the indigenous worldviews and the resistance of native peoples to the homogeneity of the modern State, and that was consolidated in comparative law in 21th century. The rights of nature were introduced by constitutional, legislative and jurisprudential means, and today they are one of the main references in the construction of an ecological ethic from a green constitutionalism engaged in the ecological transition and the fight against climate change. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
11395583
Issue :
52
Database :
Academic Search Index
Journal :
Teoria y Realidad Constitucional
Publication Type :
Academic Journal
Accession number :
174805116
Full Text :
https://doi.org/10.5944/trc.52.2023.39021