Analítico de Periódico
EWERING, Elena Sofia, e outro
Invisibilising nature : procedural limits and possibilities to environmental litigation in German law / Elena Sofia Ewering, Tore Vetter
VRÜ. Verfassung und Recht in Übersee, a.54 n.3 (2021), p.376-397
DIREITO DO AMBIENTE / Alemanha / Equador, PROTECÇÃO DA NATUREZA, ACESSO À JUSTIÇA
An increasing number of countries are recognising rights of nature across the world. In Germany, however, such rights largely remain uncharted territory with respect to dogmatics. The German legal system is essentially based on an anthropocentric approach, which is ultimately also reflected in the concession of legal capacity. Still, without legal capacity, there is no possibility of being the addressee of one's own subjective rights and ultimately the paths to the courts remain blocked. This paper will first show that in Germany it is difficult to bring nature's interests before the courts. An Ecuadorian case, where the rights of nature are currently being negotiated will serve as a starting point. In the end, it becomes clear that the jurisprudential discussions point out possibilities for inclusion of rights of Nature in German law and that civil society engagement is pushing for the necessity of their implementation. In times of increasing environmental destruction and advancing climate change and the resulting social crises, rights of nature may not be an all-encompassing remedy, but they are at least a step in the right direction for Germany and for other countries.