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1 results

  • 15 - New Perspectives on Guardianship of Nature

  • from Part III - Perspectives
  • Edited by Sandy Lamalle, Concordia University, Montréal, Peter Stoett, Ontario Tech University
  • Book:
    Representations and Rights of the Environment
    Published online:
    16 March 2023
    Print publication:
    06 April 2023, pp 353-382

  • Summary

    This chapter looks at guardianship of nature in three traditions of the Global South: from Latin American Buen Vivir (Good Living) derived from Native American traditions to Asian Buddhism in gross national happiness (GNH), and African ubuntu (collective) thought. Buen Vivir and Mother Earth as chief principle of the law, in the Ecuadorian constitution and policies, lead to rights of nature and a modest biocentric jurisprudence. Buddhist Happiness functions as chief principle of the law in the Bhutanese Constitution, with as yet no jurisprudence. This includes guardianship of nature as constitutional duty, whereby citizens can seek redress in court if the state neglects this duty. The rights of future generations in the South African Constitution, are part of the ‘people’ concept in Ubuntu, in which ‘mutual aid’ (in the community of life) functions as chief principle of the law. GNH and ubuntu are in between bio and anthropocentric with the potential of giving rights to nature.