Abstract

GUZMAN JIMENEZ, Luis Felipe  and  BOTINA GOMEZ, Álvaro Mauricio. Analysis of The State and Business Liability in the Protection of the Rights of Nature in the Colombia and Ecuador Jurisprudence. Foro [online]. 2023, n.39, pp.43-62. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2023.39.3.

This article analyzes the judicial precedents that declared components of nature as subjects of rights and ordered measures to apply them in Colombia -under an ecological Constitution, and in Ecuador -under a biocentric Constitution, addressing the role of the business sector. The cases that have generated constitutional binding jurisprudence in the two countries, allow to identify, what role corporations play in the protection of these rights that have been eluded under different figures such as the forum non conveniens, stimulating deliberation on the usefulness of international instruments through their present application and relevance.

Keywords : Environment; Ecuadorian Biocentric Constitution; Colombian Ecological Constitution; Business and Human Rights; Rights of Nature; Earth jurisprudence.

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