Global perspectives on rights of nature: Subsidiarity as a guiding compass

Amid the escalating triple planetary crisis-climate change, biodiversity loss, and pollution-legal cultures worldwide reflect evolving human-nature relationships. This paper examines the Rights of Nature as an emerging legal paradigm, analyzing key global case studies through the lens of subsidiarity. It situates the Rights of Nature within broader environmental regulatory frameworks and traces its development across legislative levels, from national constitutions to local ordinances. Through these examples, the paper illustrates how subsidiarity shapes the application of this concept, balancing local autonomy with higher-level governance. Additionally, it evaluates landmark court cases that invoke Rights of Nature in their rulings or reasoning, highlighting their legal significance. The paper also explores the concept's nascent emergence in Europe, identifying early trends and potential implications. By mapping these cases, the analysis identifies shared characteristics, underscores distinctions, and evaluates subsidiarity's role in shaping effective environmental governance.

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Publication Details

Published
2025-01-01
DOI
https://doi.org/10.5937/pdsc25289k
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

Global perspectives on rights of nature: Subsidiarity as a guiding compass

Kovács Tahyné
Environmental law and policy
article

Global perspectives on rights of nature: Subsidiarity as a guiding compass

Kovács Tahyné
article en

Abstract

Amid the escalating triple planetary crisis-climate change, biodiversity loss, and pollution-legal cultures worldwide reflect evolving human-nature relationships. This paper examines the Rights of Nature as an emerging legal paradigm, analyzing key global case studies through the lens of subsidiarity. It situates the Rights of Nature within broader environmental regulatory frameworks and traces its development across legislative levels, from national constitutions to local ordinances. Through these examples, the paper illustrates how subsidiarity shapes the application of this concept, balancing local autonomy with higher-level governance. Additionally, it evaluates landmark court cases that invoke Rights of Nature in their rulings or reasoning, highlighting their legal significance. The paper also explores the concept's nascent emergence in Europe, identifying early trends and potential implications. By mapping these cases, the analysis identifies shared characteristics, underscores distinctions, and evaluates subsidiarity's role in shaping effective environmental governance.

Openalex Percentile: Top 58%
Environmental law and policy
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Global perspectives on rights of nature: Subsidiarity as a guiding compass — Kovács Tahyné · (2025) | TGRS Research Map | TGRS