RIGHTS OF NATURE. Theoretical, practical and interdisciplinary approaches

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Destinatarios: Law graduates and advanced law students, advanced students
of humanities, social sciences, natural sciences interested in the issue. Local,
provincial, regional, and national civil servants dealing with environmental
protection and development. Members of NGOs and other organizations of the
civil society.

Duración: 120 hs (8 UCAs) – 4 meses.

Directora y Docente: Berros, María Valeria

Coordinador Académico: Ferrucci, Nicolás

Docentes: Tabios Hillebrecht, Anna Leah; Riopelle, Ginette; Brara, Rita; Crimmel, Hal; Shaw, Susan

Actividades sincrónicas: Encuentro de presentación, encuentro intermedio y

encuentro de cierre del curso (tres encuentros en total, uno al inicio, otro al
promediar el curso y otro al finalizar el curso).

Herramientas pedagógicas: the course aims at contributing from theoretical,
practical, and interdisciplinary approaches to the debate and reflections upon
one of the answers, brought by Latin American countries, is being developed as
regards the environmental issue in the last few years: the acknowledgment of
personhood rights to nature. These ideas belong to alternative against
capitalism models on the principles of “buen vivir” (good living) and “vivir bien”
(live well). Initiated in Ecuador and Bolivia, this process has appeared in other
discussions of other national regulatory systems – for instance Argentina, Brazil,
Mexico, etc. – and it has also been empowering its presence at an international
level, particularly in the UN, which settles this topic in a predominant place at
the agenda of contemporaneous debate.

Método de evaluación: Students may obtain two certificates from this
course, a certificate of participation and a certificate of assessment.
– Certificate of participation: In order to obtain the certificate of
participation, it is expected that the student fulfill 6 tasks out of 8
during the course.
– Certificate of assessment: In order to obtain the certificate of
assessment, it is mandatory for students to fulfill 6 tasks out of 8 – the
tasks include discussion forums (about the course materials –
including judicial decisions, documentaries, papers, etc-.),
collaborative onlinemaps – during the course and a final paper –
between 8 and 10 pages – to be handed in a month later once the
course has finished. Formal requirements of the paper will be informed
at the end of the course.

Temario y planificación temporal (dividido en módulos):

FIRST PART

Theoretical approach

Module 1

Introduction What is the acknowledgment of rights of nature? Introduction over the several points of view that has been translated into law so as to regulate nature protection. Law perspectives about natural resources, environmental law and rights to nature, Pachamama, Madre Tierra (Mother Earth).

Module 2

Rights of Nature recognition process: a Latin American perspective. Rights of nature, Pachamama, Madre Tierra recognition process analysis together with wider proposals introduced as “alternatives to capitalism”, particularly considering Ecuador and Bolivia experiences of the last few years.

Module 3

International level: The proposal for an International Declaration on the Rights of Nature. The UN “Harmony with Nature” strategy. Examination on “Harmony with Nature” initiative from a selection of a series of documents which has been produced over the last years: reports, General Assembly resolutions, expert reports, etc. In addition, it is proposed to search and reconstruct how these ideas “from the South” has circulated toward the international sphere.

SECOND PART

Practical approach

Module 4

Judicial decisions in the field of rights to nature: a Latin American and compared perspectives. Compared and Argentinian jurisprudence analysis – special focus on decisions coming from Latin American countries – in which the legal status of nature and animals is being the subject of debate.

THIRD PART

Interdisciplinary approach

Module 5

Holistic Science Perspective. An introductory concept on the Holistic Science approach and Systems Thinking is going to be presented in order to interconnect the classic perspectives in academia.

Module 6

How Natural Sciences tackle this issue. From the Natural and Physical Sciences point of view, some central concepts to think this contemporaneous period such as Anthropocene, Biodiversity Loss, Circular Economy, among others will be introduced.

Module 7

How Social Sciences and Humanities tackle this issue. From the Social Sciences and Humanities point of view, some core concepts that enable the understanding of how the link between nature and society has been reviewed in the past decades as well as the conflicts around the ecological issue will be introduced.

Module 8

How arts tackle this issue. From several arts expressions, some core concepts to understand how the link between nature and society has been reviewed in the past decades as well as the conflicts around the ecological issue will be introduced.

Bibliografía:
Module 1
Introduction. What is the acknowledgment of rights of nature?
Acosta, Alberto, Toward the Universal Declaration of Rights of Nature
Thoughts for action.
https://therightsofnature.org/wp-content/uploads/pdfs/Toward-the-Universal-De
claration-of-Rights-of-Nature-Alberto-Acosta.pdf
Boyd, David. The Rights of Nature: A Legal Revolution That Could Save the World. ECW Press, 2017. Parte III.
Tabios Hillebrecht, Anna Leah and Berros, María Valeria (Eds). “Can Nature
Have Rights? Legal and Political Insights,” RCC Perspectives:
Transformations in Environment and Society 2017, no. 6.
doi.org/10.5282/rcc/8164.
Module 2
Rights of Nature recognition process: a Latin American perspective.
Berros, María Valeria. “The Constitution of the Republic of Ecuador:
Pachamama Has Rights.” Environment & Society Portal, Arcadia (2015), no. 11.
Rachel Carson Center for Environment and Society.
https://doi.org/10.5282/rcc/713
Boyd, David. The Rights of Nature: A Legal Revolution That Could Save the
World. ECW Press, 2017. Parte IV.
Kaugmann, Craig. Why Rights of Nature Laws are Implemented in Some
Cases and Not Others: The Controlled Comparison of Bolivia and Ecuador
http://files.harmonywithnatureun.org/uploads/upload861.pdf
Module 3
International level: UN “Harmony with Nature” strategy.
Selected Reports and UN “Harmony with Nature” Resolutions.
Universal Declaration of Rights of Mother Earth Document, Cochabamba,
2010
United Nations Conference on Sustainable Development Final Document
“The Future We Want”, Rio de Janeiro, 2012.
Study of the need and relevance of acknowledging and respecting Mother
Earth Rights. United Nations Permanent Forum on Indigenous Issues, UN
Economic and Social Council, E/C. 19/2010/4.
Module 4

Judicial decisions in the field of rights to nature: a Latin American and
compared perspectives.
An introductory video and a prezi/powerpoint presentation will be shown to
show different court sentences around the globe on earth-centered
jurisprudence.
Module 5
An introduction to Holistic Science Perspective.
An introductory video and a prezi/powerpoint presentation will be shown to
give a brief account on Holistic Science Perspective and its contributions to
understanding the issue.
Ballew et al., “Systems thinking as a pathway to global warming beliefs and
attitudes through an ecological worldview”, Proceedings of the National
Academy of Sciences, April 23, 2019, 116 (17) 8214-8219.
https://www.pnas.org/content/116/17/8214
Elbers, Joerg. Holistic Science for the Good Living: An Introduction. (English
translation in progress of “Ciencia holística para el buen vivir: una
introducción”. Serie Transiciones. Centro Ecuatoriano de Derecho Ambiental –
CEDA. 2015).
Meadows, Donnella H. Thinking in Systems – A Primer. 2008. Chapters 1 and
2. https://wtf.tw/ref/meadows.pdf
Blogs:
Albrecht, Glenn. Exiting the Anthropocene and Entering the Ambiocene.
Minding Nature, Spring 2016, Volume 9, Number 2.
Hutchins, Giles. Business and humanity are not separate to nature. The
Guardian – Sustainable Business Blog. Wed Nov 21, 2012.
https://www.theguardian.com/sustainable-business/blog/business-humanity-nat
ure-reductionist-darwin
Module 6
How Natural Sciences tackle this issue.

Ellen MacArthur Foundation. Completing the Picture – How the Circular
Economy Tackles Climate Change. Sept. 23, 2019.
https://www.ellenmacarthurfoundation.org/assets/downloads/Completing_The_
Picture_How_The_Circular_Economy-_Tackles_Climate_Change_V3_26_Sept
ember.pdf
Jeffries, Nick. Regenerative agriculture: how it works on the ground. Circulate
News, March 4, 2019.
https://medium.com/circulatenews/regenerative-agriculture-how-to-grow-food-fo
r-a-healthy-planet-9a5f637c0f3e
Videos:
Ellen MacArthur Foundation. The Circular Economy v1

a_tXQDvbyrgF-4vw
Banius, Janine. What is biomimicry?

Module 7
How Social Sciences and Humanities tackle this issue.
Descola, Philippe. Beyond nature and culture.
https://itp.nyu.edu/classes/interspecies/texts/philippe-descola-beyond-nature-an
d-culture_ch1.pdf
Fullerton, John. Regenerative Capitalism – How Universal Principles and
Patterns Will Shape Our New Economy. Capital Institute, April 2015.
http://capitalinstitute.org/wp-content/uploads/2015/04/2015-Regenerative-Capita
lism-4-20-15-final.pdf
Mauch, Christof. “Slow Hope: Rethinking Ecologies of Crisis and Fear,” RCC
Perspectives: Transformations in Environment and Society 2019, no. 1.
doi.org/10.5282/rcc/8556
Video Rita Brara: https://www.youtube.com/watch?v=FQV5TNfn_tI
Video Descola – Latour: https://ikblc.ubc.ca/latour/

Module 8
How arts tackle this issue.
An introductory video and a prezi/powerpoint presentation will be shown.
Works of how local and international artists deal with the topic will also be
displayed.
Berros, María Valeria Stories from the Anthropocene. The Constitutional
Recognition of the Rights of Nature in Ecuador, Weber The Contemporary
West, Fall 2018.
The Rights of Nature. A global movement. (Documentary).