Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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THE CONSTITUTIONAL PROTECTION OF THE RIGHTS OF NATURE – A GOAL OF THE 3RD MILLENNIUM

Nasty Marian Vladoiu

The first country that adopted the constitutional rights of nature was the Republic of Ecuador in 2008. This Constitution contains in Title II, Chapter VII, named Rights of nature, 4 (four) articles (71 74), which contain all the hope and obvious progress achieved in this respect.

The constitution of this country states, inter alia, that "nature has the right to exist, to persist, to maintain and to renew its life cycles, structures, functions, and evolutionary processes". At the same time, it mentions that the right to restoration is independent of the “obligation of the State and natural persons or legal entities to compensate individuals and communities that depend on affected natural systems.”
The paper addresses the issue of the rights of nature and expresses the view that more and more countries should adopt internal legislation to protect them through the National Criminal Codes, and criminalize offenses like ecocide.
Once the criminal protection of the rights of nature is assured, we can assume that the premises of the constitutional enshrinement of the rights of nature are met. Only upon criminal protection and/or legislation subsequent to the fundamental law we can talk about having a protectionist framework to a certain extent, but for a very effective protection it is a must for the rights of nature to be enshrined at constitutional level.
 

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Volume VII, Issue 2, July- December 2017, posted at 18th of December 2017

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Summary

UE Law and Comparative Law

THE TWISTED TALE OF THE COMPATIBILITY OF AN ISDS CLAUSE ESTABLISHED BY AN INTRA‑EU BIT WITH THE EU LAW: A SCRUTINY OF THE ADVOCATE GENERAL WATHELET’S OPINION IN THE ACHMEA CASE

Anamaria TOMA‑BIANOV

CHALLENGES OF THE EU ADMINISTRATIVE SPACE: CONVERGENCE OF NATIONAL ADMINISTRATIONS TO THE EUROPEAN ADMINISTRATIVE LAW

Cristina PĂTRAŞCU

George SCHIN

 

Environmental law

THE CONSTITUTIONAL PROTECTION OF THE RIGHTS OF NATURE – A GOAL OF THE 3RD MILLENNIUM

Nasty Marian Vladoiu

 

International Law

ILLICIT ARMS TRAFFICKING WITHIN EU AND EU MEMBER STATES LEGAL FRAMEWORK

Adina BUCIUMAN

Esther Hava GARCÍA

CONSIDERATIONS REGARDING THE INTERNATIONAL COURT AGAINST TERRORISM

Florin TUDOR

Mihai FLOROIU

LEGAL PROVISIONS REGARDING THE JUDICIAL ANALYSIS OF COMPUTER FORGERY AND COMPUTER FRAUD

Alexandra BUCUR

Maria Magdalena BÂRSAN

REFLECTIONS ON THE OFFENCE OF CHILD PORNOGRAPHY THROUGH COMPUTER SYSTEMS OR OTHER ELECTRONIC MEANS OF COMMUNICATIONS

Adrian Cristian MOISE

 

The influence of human rights on law

CONSIDERATIONS ON THE EFFECT OF THE PILOT DECISION OF THE EUROPEAN COURT OF HUMAN RIGHTS CONCERNING THE DETENTION CONDITIONS IN ROMANIA

Gabriela Nicoleta CHIHAIA

EU ACTIONS ON CHILDREN IN MIGRATION

Ana Maria BOLBORICI

 

Legal theory

THE COMENCEMENT OF THE ARBITRAL PROCEEDINGS

Ioan SCHIAU

DEFENSES IN THE CIVIL LAWSUIT: A SHORT COMPARISON OF REGULATIONS FROM ROMANIA AND FRANCE

Andreea Cătălina CIUREA

Georgeta Bianca SPÎRCHEZ

ISSUES REGARDING THE REPRESENTATION MANDATE CONTRACT

Ioana NICOLAE

CONSIDERATIONS REGARDING THE ATTRIBUTIONS OF THE PREFECT IN THE FIELD OF STATE AID

Irina ALEXE