Article
French
ID: <
http://hdl.handle.net/2078.1/213830>
Abstract
Our companies have validated the cartesian credo, according to which man must behave as master and owner of nature. This contribution analyses some of the key elements of the current ecological crisis: dualism and anthropocentrism at the heart of our ethical foundations, private ownership and its utilitarianism within the legal systems, and the merchandisation specific to the capitalist system. Environmental law itself has become part of this pre-existing body, since far from having pushed for the emergence of new models, it has maintained an unwavering belief in the market as an environmental regulator. The rights of nature are designed to bring about a revolution. A philosophical revolution in the sense that ecosystems are recognised as having intrinsic value: nature is not only valued through the benefits that humanity can derive from it. A legal revolution in so far as nature becomes a subject of law and the latter is no longer protected solely by human interests. A cultural revolution, lastly, by promoting indigenous peoples for whom interdependence, reciprocity and complementarity are fundamental values rooted in a cosmology that places people within nature. The aim of this step is not to be achieved at the expense of human well-being, but to place it within ecological limits. Nature rights are an instrument that condemns both the exploitation of nature and the exploitation of the most vulnerable people within the productive system. If the idea of radical separation between humanity and the natural world is discarded, then the rights of nature protect ecosystems as much as human communities from profit-based predatory logic. In this sense, human and nature rights are complementary and interdependent.