Tipping Point Towards Biodiversity Conservation? Local and Global Consequences of the Application of ‘Rights of Nature’ by Ecuador

Juan M. Guayasamin; Roo Vandegrift; Tobias Policha; Andrea C. Encalada; Natalia Greene; Blanca Ríos-Touma; Lorena Endara; Rafael E. Cárdenas; Fred Larreátegui; Luis Baquero; Inty Arcos; José Cueva; Mika Peck; Felipe Alfonso-Cortes; Daniel Thomas; José DeCoux; Elisa Levy; Bitty A. Roy

doi:10.20944/preprints202108.0428.v1

Preprint Brief Report Version 1 Preserved in Portico This version is not peer-reviewed

Version 1 : Received: 20 August 2021 / Approved: 23 August 2021 / Online: 23 August 2021 (10:49:44 CEST)

In 2008, Ecuador recognized the Constitutional Rights of Nature in a global first. This recognition implies a major shift in the human-nature relationship, from one between a subject with agency (humans) and an exploitable object (Nature), to a more equilibrated relationship of respect. However, the lack of a standard legal framework has left room for subjective interpretations and variable implementation. The recent widespread concessioning of pristine ecosystems to mining industries in Ecuador has set up an unprecedented conflict and test of these rights. Currently, a landmark case involving Los Cedros Protected Forest and mining companies has reached the Constitutional Court of Ecuador. If Ecuador’s highest Court rules in favor of Los Cedros and the Rights of Nature, it would set a legal precedent with enormous impact on biological conservation in Ecuador and, potentially, the world. Such a policy shift offers a novel conservation strategy, through citizen oversight and action.

Ecuador; Rights of Nature; Reserva Los Cedros; Conservation; Mining

Social Sciences, Law

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Tipping Point Towards Biodiversity Conservation? Local and Global Consequences of the Application of ‘Rights of Nature’ by Ecuador

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