To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This chapter considers how, with animals recognised as a part of nature, legally enshrined ‘rights of nature’ could provide a basis for animals’ legal subjecthood. The chapter centres on the case of Estrellita, an Ecuadorean woolly monkey who was declared to be a subject of rights under Ecuador’s constitutionally enshrined rights of ‘pachamama’ or ‘Mother Earth’. Yet, while Estrellita’s case highlights the potential for rights of nature to serve as a source of animals’ legal subjectivity, the chapter stresses caution. First, several rights-of-nature provisions have arguably co-opted Indigenous ideas, and served to justify continued resource extraction under the guise of living in balance with nature. Second, rights-of-nature provisions maintain the ontological human/all-other-nature divide that exists in current legal systems. Finally, the rights of nature may operate as a kind of ‘eco-coverture’ by encapsulating the interests of individual animals within the sphere of nature’s interests, thereby limiting the potential scope of animals’ legal protection. The chapter concludes that we can do better than grounding animals’ legal subjecthood in the rights of nature.
Bolivia inherited arrangements that dispossessed its indigenous peoples, and this system persisted through decades of military rule and discord until a civilian government sought decentralisation in the mid-1990s. This attracted Danish support through Danida and, as it involved indigenous peoples to whom restoration of land rights was of critical concern, Danish efforts to secure these rights became a key theme. This grew into a community land-titling process that matched the aims of a movement which swept indigenous leader Evo Morales and the Movement Towards Socialism to power in 2006. Denmark’s support for community land titling was a central priority of the new government, and the effect of its 1995–2010 programme was to transform the map of Bolivia in favour of Indigenous peoples. Their forest territories largely survived the later onslaught of plantation development, preventing the release of billions of tonnes of carbon while saving immeasurable biodiversity and ecological and cultural resources. Danida may not have fully appreciated its contribution and it left the community land sector prematurely, but Bolivia is now in a much stronger position than before to resist climate chaos, with a viable plurinational constitution and many relatively safe territorial forests and empowered Indigenous peoples.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.