RIGHTS OF NATURE: IS THERE A LATIN AMERICAN MODEL OF THEIR RECOGNITION?
RIGHTS OF NATURE: IS THERE A LATIN AMERICAN MODEL OF THEIR RECOGNITION?

Summary/Abstract: While having roots in the United States, the concept of recognising nature as a legal person has evolved concurrently in various legal systems worldwide. In Latin America, it has encountered particularly favourable conditions, fostered by distinctive cultural, philosophical, and political factors, including indigenous epistemologies and biocentric traditions such as Pachamama and sumak kawsay. This article addresses the question of whether it is possible to speak of a singular Latin American model of the Rights of Nature. The primary aim is to conduct a comparative analysis of selected Latin American legal systems in order to assess the extent of convergence or divergence among them. The study focuses on five analytical dimensions: the philosophical foundations underpinning RoN, the scope of the rights granted, the mechanisms of nature’s representation, the mode of recognition – whether through constitutional, statutory, or judicial channels – and the actual institutional strength ensuring the enforcement of these rights. Through a detailed examination of developments in Ecuador, Bolivia, Colombia, Panama, and Peru – States that have already recognised rights of nature on the national or federal level – the article highlights both shared regional features and substantial national particularities. While a common biocentric orientation and preference for the ‘all-nature model’ are observable, significant differences in legal architecture and practical implementation persist. Ultimately, the article contends that Latin America offers a distinctive and contextually nuanced contribution to the global evolution of the legal recognition of nature’s rights.

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