Constituent Power, the Rights of Nature, and Universal Jurisdiction
47 Pages Posted: 25 May 2016 Last revised: 26 Sep 2017
Date Written: September 24, 2014
This article provides an argument in favor of the exercise of universal jurisdiction in cases of serious environmental damage. In those cases, it is argued, the justification for the exercise of universal jurisdiction is as compelling as its exercise in the case of egregious human rights violations. In the context of serious environmental damage, courts exercising universal jurisdiction would be acting to protect the ability of present and future peoples to participate in the constitution and reconstitution of the states that make up the international community. Such a jurisdiction would rest on the authority of humanity as a whole rather than on that of any state or people.
Keywords: Universal Jurisdiction, Rights of Nature, Constituent Power, Self-Determination, State Sovereignty, Ecuador, Constitution of Ecuador, Sovereignty
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