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Earth Jurisprudence Lecture Series

The ‘Earth Jurisprudence’ (EJ) Lecture Series, introducing Earth Jurisprudence in Korea, is aimed at finding solutions to resolve the harmful consequences, which come from the current human-centered industrialization, and to implement an environment favorable to research and the fostering of new abilities. Since 2015, lecture series has been held four times a year in partnership with the Pro Bono Center of One Law Partners. This lecture series constitutes a training program for judicial officers, lawyers and law-students, and is accredited by the Korean Bar Association (KBA) and responsible for playing important roles in transforming governance-systems.

2023 EJ Lecture 1. Latin American Earth Jrursprudence Judgments

2023-08-23
ㆍ
174

Prof. Heemoon Jo, a Brazilian jurist and Law School Hankuk University of Foreign Studies, Institute of Latin American Studies, delivered the inaugural Earth Jurisprudence Lecture of 2023 on the topic of "Latin American Earth Jurisprudence Judgments."

1. Legal personality and privileges under Latin American law

Civil law similarities among Latin American nations

The Importance of Solving the 'Property Problem of Nature' in Rights of Nature Judgment

2. The Ecuadorian Court's Earth Jurisprudence Judgements

A. Precedents for judicial recognition of Rights of Nature

1) The Vilcabamba River case before the Loja District Court (2011)

Examining the Vilcabamba River case, the first case in which Rights of Nature specified in the Ecuadorian constitution were expressly acknowledged, and identifying significant points and criticisms of judgments, such as transferring the burden of proof in the Loja District Court in the case

2) Pollution of the Alpayacu River Case before the Constitutional Court (2020)

Regarding the failure of the provincial court to comply with the provincial court's protective judgment on the AlPayacu river pollution, the Constitutional Court reviewed the ruling affirming the rights of Nature of the Alpayaku River and proclaiming the rights infringement.

3) Los Cedros Protected Forest Case before the Constitutional Court (2021)

By affirming the judgment that halted the exploration of the Los Cedros protected forest, the holder of Rights of Nature is confirmed and the criteria for determining the violation of Rights of Nature are reviewed.

4) El Ro Monjas River Case before the Constitutional Court (2022)

Review of the ruling recognizing the rights of the Monjas River and its associated ecosystem

B. Judicial precedents recognizing animals' inherent rights

1) Estrellita the Woolly Monkey ruling (2021)

Review the Estrellita decision, the first to recognize the legal rights of wildlife

3. The Colombian Court's Earth Jurisprudence Judgements

A. Legal precedents recognizing Rights of Nature

1) Atrato River case before Constitutional Court (2016)

A Study of the Subjectivity of the Atrato River's Rights through Judgment: The River's Protection, Preservation, Maintenance, and Restoration Rights

2) Climate change case before the Supreme Court of Colombia (2018)

Reviewing the judgement recognizing the environmental rights of future generations and the obligation of law and policy

B. Legal precedents recognizing the inherent rights of animals

Consideration of the Constitutional Court and Supreme Court decisions recognizing the inherent rights of animals.

4. Argentine Earth Jurisprudence Judgement

A. The Sandra the orangutan case (2014)

Review of the ruling affirming Sandra's legal subjectivity and responsibility to provide a suitable living environment

B The tale of Cecilia the orangutan (2016)

Review of the Decision Recognizing Cecilia's Legal Subjectivity

5. Brazilian Courts' Earth Jurisprudence Judgements

Spike e Rambo case (2021)

6. Questions and discussion

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