Law Nature

There exists a rather complicated relationship between law and nature. It is part of constitutional law to check whether nature figures at all in a state’s constitution as part of the fundamental legal principles. On a global scale the nations or people living in the closest relationship with nature most often do not have written constitutions. In the same vein, animals or biodiversity do not figure in most constitutional documents (nice project to substantiate this claim). The philosophy of law has line of literature devoted to “Naturrecht” which is more concerned with human beings and their differentiation than the millions of other species.
Administrative law is probably the domain with most of the legal judgements with relevance to nature or the environment as for example any larger scale construction is either land, water, air or biodiversity grabbing. Rights and limits need to be defined precisely. In this field the role of law as “appeasement” is widely applied. However, this is more complicated in cases when a whole population of an island in the ocean is threatened to disappear due to the rise of the sea level like in the case of the Torres Strait Islands, next to and part of Australia.
The UN Human Rights Committee (UN-HRCee) in Geneva has made a decision on the claim of these people to have rights that the nature of the islands as low-lying islands is threatened by disrespect of their fundamental rights of existence and survival. The claim has been received by the court, but the court deems that the threat to their culture and survival is not imminent. In practice, therefore, the sword of law is rather weak and time until the disaster is used as a right to continue the usual economic exploitation of earth as before despite the deferred consequences for the planet in a rather unequal way.
(Image by AI copilot designer 2024-6-2 “5 judges in red gowns sit in a flooded courtroom”, 2 propsitions)