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11 - Property for Nature

from Part III - Perspectives

Published online by Cambridge University Press:  16 March 2023

Sandy Lamalle
Affiliation:
Concordia University, Montréal
Peter Stoett
Affiliation:
Ontario Tech University
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Summary

Property law is increasingly confronted with limits and modifications arising from environmental and social contexts. The objective of this chapter is to highlight how property law can provide answers to environmental challenges, by adapting several of its fundamental concepts to the polymorphism of environmental and social issues. Starting with a study of the theoretical movement of Earth jurisprudence, the chapter suggests that it is possible to consider Nature as a subject of legal interests, allowing it to acquire legal standing. It also suggests that it is necessary to reconceptualise property and its narrative to develop, in both civil and common law, a more limited, relational and functional conception of property. In addition, the polymorphic heritage of property law makes it possible to call upon the civilian concept of patrimony, in its symbolic or technical function, to protect the environment.

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Publisher: Cambridge University Press
Print publication year: 2023

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References

Primary Sources

Canadian Pacific Railway Co. v. Vancouver (City) 2006 SCC 5Google Scholar
Fiducie du Domaine Saint-Bernard (Re) 2006 CanLII 56910 (QC RACJ); SOQUIJ AZ-50390964Google Scholar
Lachance (Succession de) 2008 QCCS 1094; JE 2008–846Google Scholar
Sierra Club v. Morton, 405 US 727 (1972)Google Scholar
St Lawrence Cement Inc. v. Barrette 2008 SCC 64Google Scholar
Wallot v. Québec (Ville de) 2011 QCCA 1165Google Scholar

Secondary Sources

Constitution of the Republic of Ecuador 2008, Political Database of the Americas, arts. 71–72, translation. http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html. [Constitution of Ecuador]Google Scholar
Constitution of the Plurinational State of Bolivia 2009, Oxford University Press, preamble, www.constituteproject.org/constitution/_Bolivia_2009.pdf [Constitution of Bolivia]Google Scholar
Government of New Zealand (2017a). Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, assent 20 March 2017, Government of New ZealandGoogle Scholar
Government of New Zealand (2017b). Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, assent 20 March 2017. Version as 12 April 2022Google Scholar
Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (the Water Act), RLRQ c. C-6.2, Art. 8 [Water Act]Google Scholar
Administrative Procedure Act, 5 USC §§ 701ff.Google Scholar
Civil Code of Lower CanadaGoogle Scholar
French Civil Code, translated by David W. Gruning, Art. 544, www.legifrance.gouv.fr/Traductions/en-English/Legifrance-translationsGoogle Scholar
Natural Heritage Conservation Act, c. C-61.01Google Scholar
Québec, Hansard, National Assembly, vol. 41, no. 44, 11 June 2009Google Scholar
AG Res. 2749 (XXV) 16 December 1970Google Scholar
UN Conference on the Human Environment, Declaration of the United Nations Conference on the Human Environment (June 1972), www.un-documents.net/unchedec.htmGoogle Scholar
UN Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3 (UNCLOS)Google Scholar

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