Derechos de la naturaleza


Derechos de la naturaleza y bienes comunes naturales: análisis de algunas tensiones conceptuales a la luz del caso chileno

Luis Lloredo Alix Abril/Junio 2024 The notion of commons has been reintroduced into the contemporary legal-political vocabulary, but there is much confusion about its meaning. In this article I attempt to offer some classificatory criteria that may be useful in distinguishing diverse uses of the concept. A distinction is made between “natural and social” approaches to the commons, and between “localist and globalist” conceptions. This is followed by an analysis of these conceptual tensions in relation to the inclusion of the rights of nature and the natural commons in the Chilean Constitutional Convention of 2022. It concludes with a response to the local/global aporia of the commons, based on Bruno Latour’s idea of the “terrestrial”. Click here for the full article:


Historias y porvenires para repensar sujetos de derechos y otros

María Valeria Berros 19/02/2024 This paper discusses the comments received from two colleagues who agreed to reflect on the article in which I put forward some ideas on new subjects and new others in contemporary law. On the one hand, Lean-dro Drivet who in his article entitled “ Dismantle the abyss between Subject and Nature. On the denaturing misdirection of subjectivity” reviews the assumptions underlying the concept of the subject that informs modern law. On the other hand, the article by Natália de Souza Lisbôa entitled “Keep dreaming while seeing the obvious: others and new subjects and people from the Latin American perspective” focuses on the need to create and expand possible futures through the recognition of new and other subjects and persons from the prism of the so-called new Latin American constitutionalism. Click here for the full article: