What If the Black Forest Owned Itself? A Constitutional Property Law Perspective on Rights of Nature
Bibliographic Data
| ID | 3137510 |
|---|---|
| Authors | Björn Hoops (0000-0002-1073-8004, University of Groningen, corresponding author) |
| Year | 2022 |
| Volume | 11 |
| Issue | 3 |
| Pages | 475-500 |
| Publication date | 2022-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102522000322 |
| OpenAlex | W4296463535 |
| Language | EN |
| Citations received | 3 |
| References cited | 7 |
Ownership has been a key tool in the exploitation of nature for centuries. However, ownership could also shield natural entities from extraction and pollution if it were vested in them, rather than in humans or corporations. Through a case study of German constitutional property law, this article examines the normative content of this constitutional right. It argues that in owning themselves, natural entities would have numerous tools to fend off human interference with their self-determination. Constitutional property law would require any harmful activity affecting the natural entity to be based upon legislation and necessary to achieve a public purpose. The natural entity would enjoy broader access to justice. Courts would also often award appropriate remedies; where the natural entity would be awarded only compensation, this would be unsatisfactory because money cannot replace nature. The article finds that constitutional property law offers the potential for further protection from human interference, which has not been realized because of anthropocentric value judgments prevalent in German legal doctrine. Ecocentric approaches to ownership and invalidity as a standard remedy would play an important role in unlocking the full potential of ownership for environmental protection
Anthropocentrism · Business · Common law · Constitutional law · Doctrine · Economic Justice · Environmental law · Geography · Law and economics · Legal doctrine · Legislation · Normative · Political science · Property rights · Sociology · Environmental Conservation and Management · Environmental law and policy · International Environmental Law and Policies · Law
| Unique citing works | 3 |
|---|---|
| Citations per year | 1 |
| Citation span | 2023 - 2024 (2) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |