Traditionally, in civil law legal systems, the protection of natural resources has been pursued through the French domaine model. In the last two decades, it has been challenged by the debate on the commons and the effects of the enhancement of environmental interest. In several non-European systems, the protection of res naturalis is increasingly taking place with an inversion of the anthropocentric perspective. Nature and its components are recognised as having legal personality and the capacity to perform legal actions as a subject of law with its own claims. This new perspective must be investigated as a possible alternative to the traditional regimes of natural heritage protection.
Lascio, F.D. (2024). Towards new models in natural resources protection?. DROIT PUBLIC COMPARÉ(3), 1-40 [10.35562/droit-public-compare.590].
Towards new models in natural resources protection?
Lascio, Francesca Di
2024-01-01
Abstract
Traditionally, in civil law legal systems, the protection of natural resources has been pursued through the French domaine model. In the last two decades, it has been challenged by the debate on the commons and the effects of the enhancement of environmental interest. In several non-European systems, the protection of res naturalis is increasingly taking place with an inversion of the anthropocentric perspective. Nature and its components are recognised as having legal personality and the capacity to perform legal actions as a subject of law with its own claims. This new perspective must be investigated as a possible alternative to the traditional regimes of natural heritage protection.| File | Dimensione | Formato | |
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