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- Title
“SOBRE DERECHOS DE LA NATURALEZA Y OTRAS PROSOPOPEYAS JURÍDICAS, A PROPÓSITO DE UNA PERSONA LLAMADA "MAR MENOR" 1”.
- Authors
Ayllón Díaz-González, Juan Manuel
- Abstract
The purpose of this article is the technical-legal analysis of the rights of nature. Starting from the ecocentric conceptual framework in which these rights originate, the article exposes, in the first place, the States that have recognized rights to nature as a whole. In relation to these States, the article examines which are, specifically, the rights that are recognized, how these rights are protected, who is responsible for guaranteeing them and what practical results, from the jurisprudential point of view, said protection is having. This first part culminates with an analysis of the accommodation that these rights would have in the Spanish Constitution of 1978. Secondly, the article directs its attention to those States that have proceeded to the personification of specific ecosystems, taking as reference the personification of the Mar Menor, in Spain. In relation to them, the article explores the legal instruments that have carried out these personification processes, the characteristics of the personified ecosystems, the legal implications that personification represents, the bodies that will act as guardians of these ecosystems, the rights that are recognized and the procedural instruments for their protection.
- Subjects
JURISPRUDENCE; LEGAL instruments; CONSTITUTIONS; ECOSYSTEMS; RIGHTS
- Publication
Actualidad Jurídica Ambiental, 2023, Issue 138, p9
- ISSN
1989-5666
- Publication type
Article
- DOI
10.56398/ajacieda.00339