{"title":"出自《树有权利吗?》到对生态灭绝的疑惑——依靠法治来保护我们的环境","authors":"Eleanor Sharpston","doi":"10.3233/epl-219024","DOIUrl":null,"url":null,"abstract":"This study argues that trees and other natural resources should have rights (for example, the right to exist) and that environmental groups should be entitled to speak for them and to present their claims in court. It calls for a little deeper thinking about what specific rights trees need in order to prosper as trees. In fact, we draw as to what legitimately may be done to the environment surrounding trees without trespassing upon their respective rights might be different. When the legislator has enacted laws that do protect trees (or surfaces of water, or habitats for birds and animals), the important next question then becomes, ‘how are those laws actually to be enforced?’ One possibility is to amend the Rome Statute to include ecocide.","PeriodicalId":52410,"journal":{"name":"Environmental Policy and Law","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"From “Do trees have rights?” to wondering about ecocide –drawing on the rule of law to protect our environment+\",\"authors\":\"Eleanor Sharpston\",\"doi\":\"10.3233/epl-219024\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study argues that trees and other natural resources should have rights (for example, the right to exist) and that environmental groups should be entitled to speak for them and to present their claims in court. It calls for a little deeper thinking about what specific rights trees need in order to prosper as trees. In fact, we draw as to what legitimately may be done to the environment surrounding trees without trespassing upon their respective rights might be different. When the legislator has enacted laws that do protect trees (or surfaces of water, or habitats for birds and animals), the important next question then becomes, ‘how are those laws actually to be enforced?’ One possibility is to amend the Rome Statute to include ecocide.\",\"PeriodicalId\":52410,\"journal\":{\"name\":\"Environmental Policy and Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-04-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Environmental Policy and Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.3233/epl-219024\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Environmental Policy and Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.3233/epl-219024","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
From “Do trees have rights?” to wondering about ecocide –drawing on the rule of law to protect our environment+
This study argues that trees and other natural resources should have rights (for example, the right to exist) and that environmental groups should be entitled to speak for them and to present their claims in court. It calls for a little deeper thinking about what specific rights trees need in order to prosper as trees. In fact, we draw as to what legitimately may be done to the environment surrounding trees without trespassing upon their respective rights might be different. When the legislator has enacted laws that do protect trees (or surfaces of water, or habitats for birds and animals), the important next question then becomes, ‘how are those laws actually to be enforced?’ One possibility is to amend the Rome Statute to include ecocide.
期刊介绍:
This international journal is created to encourage the exchange of information and experience on all legal, administrative and policy matters relevant to the human and natural environment in its widest sense: air, water and soil pollution as well as waste management; the conservation of flora and fauna; protected areas and land-use control; development and conservation of the world"s non-renewable resources. In short, all aspects included in the concept of sustainable development. For more than two decades Environmental Policy and Law has assumed the role of the leading international forum for policy and legal matters relevant to this field. Environmental Policy and Law is divided into sections for easy accessibility.