The rights of nature in the constitution of Ecuador:
a pillar of good living
Los
derechos de la naturaleza en la constitución de Ecuador: un pilar del buen
vivir
Nahim Alejandro Astudillo Sánchez Universidad Internacional del Ecuador: Quito,
EC https://orcid.org/0009-0001-6520-7171 Luis Mauricio Maldonado Ruiz Abg. Docente de la Universidad Internacional del
Ecuador-UIDE maldonadoluismauricio@gmail.com https://orcid.org/0000-0002-0956-7869 |
ABSTRACT
Ecuador's 2008
Constitution marked a milestone in environmental law by integrating the Rights
of Nature and Sumak Kawsay
(Good Living) into its legal framework. This study analyzes the foundations of
these concepts, their relationship to indigenous worldviews, and their
evolution from previous environmental reforms. It examines how the Constitution
recognizes nature as a subject of rights, surpassing the traditional
anthropocentric approach, and establishes a reciprocal relationship between
society and the natural environment. The implementation of these rights in
Ecuadorian legislation and public policies is evaluated, identifying protection
mechanisms and obstacles to their effective application. The role of citizen
participation in nature protection is highlighted, where citizens have the
right and obligation to actively engage in defending the environment and
managing natural resources. The results reveal an innovative legal framework,
but point to challenges in its practical application due to the persistence of
an extractivist economic model and the need to
strengthen citizen participation. It is concluded that the Ecuadorian
experience offers valuable lessons for other countries seeking sustainable
development models, and the Constitution lays the foundation for a legal paradigm
that harmonizes human development with the protection of natural equilibrium.
RESUMEN
La Constitución de Ecuador de 2008
marcó un hito en el derecho ambiental al integrar los Derechos de la Naturaleza
y el Sumak Kawsay (Buen Vivir) en su ordenamiento jurídico. Este estudio
analiza los fundamentos de estos conceptos, su relación con las cosmovisiones
indígenas y su evolución desde reformas ambientales previas. Se examina cómo la
Constitución reconoce a la naturaleza como sujeto de derechos, superando el
enfoque antropocéntrico tradicional, y cómo establece una relación de
reciprocidad entre la sociedad y el entorno natural. Se evalúa la
implementación de estos derechos en la legislación y las políticas públicas de
Ecuador, identificando mecanismos de protección y obstáculos a su aplicación
efectiva. Se destaca el rol de la participación ciudadana en la protección de
la naturaleza, donde los ciudadanos tienen el derecho y la obligación de
involucrarse activamente en la defensa del medio ambiente y la gestión de
recursos naturales. Los resultados revelan un marco legal innovador, pero
señalan desafíos en su aplicación práctica debido a la persistencia de un
modelo económico extractivista y la necesidad de fortalecer la participación
ciudadana. Se concluye que la experiencia ecuatoriana ofrece valiosas lecciones
para otros países que buscan modelos de desarrollo sostenibles, y la
Constitución sienta las bases para un paradigma jurídico que armoniza el
desarrollo humano con la protección del equilibrio natural.
Keywords / Palabras
clave
Rights of Nature, Sumak Kawsay,
Constitution, Ecuador, Environmental Law.
Derechos de la Naturaleza, Sumak
Kawsay, Constitución, Ecuador, Derecho Ambiental.
Specialty
principle, jurisdiction, protective action.
Introduction
The
Constitution of the Republic of Ecuador, promulgated in October 2008,
represents a significant milestone in contemporary constitutional law, standing
out as one of the most advanced expressions of the new Latin American
constitutionalism. Its innovative structure is based on three essential
ideological pillars: the plurinationality of the
State, the orientation towards Sumak Kawsay (Good Living) as a model of development, and the
recognition of the Rights of Nature. The latter, in particular, emerges as the
most daring and disruptive advance, both in the legal and philosophical
spheres, redefining the relationship between society and the environment.
The recognition of Nature as a subject of rights implies a paradigm
shift in legal thinking, overcoming the anthropocentric approach that has
traditionally dominated the conception of law. This perspective, which
traditionally considers law as a construct exclusively for and by human beings,
is challenged by the Constitution of Montecristi. By
granting rights to an entity that is neither human nor created by humans, the
very foundations of law are reconfigured, opening a path toward comprehensive
environmental justice and a more harmonious relationship between
humanity and the planet.
Methodology
This
research is based on a qualitative approach, with a documentary and analytical
research design. This approach allows for an in-depth examination of the
concepts, principles, and regulations related to the Rights of Nature and Sumak Kawsay in the 2008
Constitution of Ecuador. The methodology is based on a systematic review of
primary and secondary sources, including constitutional texts, laws, case law,
government reports, academic articles, and relevant international documents.
2. Data collection
Data
collection was carried out through a comprehensive review of legal and academic
documents. Primary sources include:
· Constitution of the Republic of Ecuador (2008): Articles related
to the Rights of Nature, Sumak Kawsay,
and citizen participation were analyzed.
· Environmental laws and regulations: Secondary laws and regulations
that develop constitutional principles were reviewed, such as the Organic Law
on Jurisdictional Guarantees and Constitutional Control.
· Case law: Emblematic cases were examined, such as the Vilcabamba River case, which have set precedents in the
application of the Rights of Nature.
· International documents: International treaties and declarations
were included, such as the Stockholm Conference (1972) and the Rio Declaration
(1992), which have influenced the development of environmental law in Ecuador.
Secondary
sources include:
· Academic articles: Studies published in journals specializing in environmental,
constitutional, and indigenous studies were reviewed.
· Books and book chapters: Works by
recognized authors in the field of environmental law and Andean neoconstitutionalism were consulted.
· Government and non-governmental organization reports: Reports on
the implementation of environmental policies in Ecuador and other countries in
the region were analyzed.
3. Data
analysis
Data
analysis was carried out using a hermeneutic approach, which allows legal and
academic texts to be interpreted in their historical, cultural, and political
context. The following analysis techniques were used:
· Content analysis: The main concepts,
principles, and norms related to the Rights of Nature and Sumak
Kawsay were identified and categorized. This analysis
provided an understanding of how these concepts have been incorporated into the
Constitution and how they have been developed in legislation and jurisprudence.
· Comparative analysis: Ecuador's
constitutional provisions were compared with those of other countries that have
also recognized the Rights of Nature. This analysis allowed us to identify
similarities and differences in the implementation of these rights.
· Critical analysis: The challenges and
limitations in the implementation of the Rights of Nature in Ecuador were
evaluated, considering factors such as the extractive economic model, citizen
participation, and institutional weakness.
4. Triangulation of sources
To ensure
the validity and reliability of the results, the technique of triangulation of
sources was used. This involved comparing information obtained from different
types of sources (legal, academic, reports) to ensure that the findings were
consistent. In addition, sources from different perspectives (governmental,
academic, indigenous) were consulted to obtain a more balanced view of the
issue.
This document will explore in depth the meaning and significance of the
Rights of Nature in the Ecuadorian Constitution, analyzing its historical
context, fundamental principles, and implementation challenges. It will also
examine the intrinsic connection between the Rights of Nature and Sumak Kawsay, highlighting how
both concepts complement each other to promote a sustainable and
environmentally friendly development model. Finally, it will address the
crucial role of citizen participation in protecting these rights, underscoring
the need for a collective commitment to ensure a future in harmony with nature.
1. The 2008 Constitution recognizes the Rights of Nature
The Constitution of the Republic of Ecuador, promulgated in October 2008, marks
a milestone in the history of contemporary constitutional law and is recognized
as one of the most advanced expressions of the new Latin American
constitutionalism. Its structure is based on three fundamental ideological
pillars: the plurinationality of the State, the
orientation towards Sumak Kawsay
(Good Living) as a model of development, and the recognition of the Rights of
Nature. The latter constitutes the most daring and disruptive advance, both in
the legal and philosophical spheres.
The
recognition of Nature as a subject of rights represents a paradigm shift in
legal thinking, overcoming the anthropocentric approach that has traditionally
dominated the conception of law. This approach, as Ost pointed out, interprets
law exclusively as a construct for and by human beings: “if law exists for men,
it also exists for men, for the simple and inescapable reason that its language
only makes sense to them” (Ost in Crespo, 2009). However, the Montecristi Constitution challenges this premise by granting
rights to an entity that is neither human nor created by humans, redefining the
very foundations of law.
1.1. A process of environmental constitutionalism
The
recognition of the Rights of Nature in the 2008 Constitution is the result of a
historical process that began decades earlier. Since the constitutional reform
of 1984, environmental law has evolved progressively in Ecuador. In that year,
the right of individuals to live in an environment free from pollution was
recognized, and the duty of the State to preserve nature was established. This
advance was reinforced by international influences, such as the Stockholm
Conference (1972) and the Rio Declaration (1992), which consolidated the
approach to environmental law as an essential component of sustainable
development.
The 1998
Constitution improved the environmental framework, recognizing environmental
rights as collective rights and establishing the State's obligation to protect
the natural heritage. However, these advances were still insufficient to
guarantee a harmonious relationship between society and the environment.
1.2.
Historical shift in the 2008 Constitution
With the
enactment of the 2008 Constitution, a historic change took place with the
recognition of nature as a subject of rights in Article 10. This recognition
was developed in Articles 71 and 72, which not only enshrine the rights of
nature but also establish specific procedures for its protection, such as
protective action and precautionary measures against possible environmental
damage.
The
Constitution establishes innovative principles in environmental matters:
1. Prevention and precaution: These oblige the State to adopt measures to
prevent negative impacts on the environment, even in the face of scientific
uncertainty.
2. In dubio pro-natura: This provides that, in case of doubt
about the scope of legal provisions on environmental matters, the
interpretation most favorable to nature shall always apply (Article 395,
paragraph 4).
3. Citizen
participation: Guarantees citizens access to environmental information, prior
consultation, and the possibility of seeking justice in cases of environmental
damage (Articles 398 and 397, paragraph 1).
In addition, fundamental rights related to the environment are recognized, such
as the right to a healthy and ecologically balanced environment (Article 14)
and the shared responsibility of citizens in the conservation of natural
heritage (Article 83, paragraph 13).
1.3.
Disengagement from the anthropocentric approach
The
identification of Nature as a rights holder symbolizes an essential
transformation in the paradigm of legal thinking, overcoming the
anthropocentric approach that has traditionally prevailed in the vision of law.
This perspective, as Ost pointed out, perceives law solely as a creation for
and by human beings: “...if law arises from human beings, it also arises from
human beings, for the simple and inescapable reason that its language only has
meaning for them” (Ost in Crespo, 2009). However, the Constitution of Montecristi challenges this premise by granting rights to
an entity that is neither human nor created by humans, reconfiguring the very
principles of law.
By recognizing the legal personality of Nature or Pachamama, the
Ecuadorian Constitution introduces a new category of subjects of rights. This
not only strengthens environmental protection, but also establishes a
reciprocal relationship between human beings and the natural environment, based
on what Leonardo Boff calls the “natural contract.” This contract emphasizes
that human beings have an intrinsic responsibility to care for and preserve the
living Earth in return for the goods it provides.
1.4. Towards a new legal system
The constitution that recognizes the Rights of Nature also promotes the
need to develop a new legal discipline. As indicated by Ayala et al. (2019),
this modification not only introduces a new constitutional principle, but also
requires the creation of a legal framework to facilitate its effective
implementation. This challenge involves the implementation of policies,
regulations, and rulings that give concrete form to the principle of
reciprocity between human beings and nature, moving toward a new legal system
that goes beyond the boundaries of traditional constitutionalism based on the
social contract.
Therefore, Ecuador's ecological constitution not only redefines the
relationship between society and nature, but also inaugurates a revolutionary
legal model that seeks to harmonize human development with the protection and
restoration of the natural balance. This advance makes Ecuador a global
benchmark in the search for comprehensive environmental justice based on the
interdependence between human beings and the Earth.
2. Meaning and principles of Sumak Kawsay
It is a philosophical and ethical principle of Andean worldviews that
expresses the aspiration for a full life based on balance and harmony between
human beings, the community, and Nature (Soledispa, 2022). More than an
economic or political concept, Sumak Kawsay represents a holistic way of life that values
interdependence, respect for biodiversity, and a spiritual connection with the
universe. In this sense, it promotes a model of development that transcends
materialism and focuses on collective well-being and sustainability.
2.1. Principles of Sumak Kawsay
Sumak Kawsay, or Good Living, is a philosophy of life originating
from the indigenous peoples of the Andes, particularly the Quechua and Aymara,
which is based on harmony between human beings, the community, and nature
(Coral, 2021). It is not a development model in the Western sense, but rather a
way of understanding life where well-being is not measured in terms of the
accumulation of wealth, but rather in the quality of relationships with the
environment. It is based on balance, reciprocity, and complementarity, as
opposed to the values of individualism, competition, and unlimited economic
growth.
Good Living proposes a respectful and sacred relationship with nature,
as the Andean peoples do not see it as an exploitable resource, but as a living
being with which one must coexist in harmony (Martínez, 2024). Pachamama is at
the center of this vision, as all forms of life depend on her and, therefore,
she must be protected and respected in her natural cycles. From this
perspective, the economy cannot be based on the indiscriminate exploitation of
resources, but rather on responsible and sustainable use that guarantees the
life of future generations.
The community occupies a central place in this vision, since well-being
is not individual, but collective. Sumak Kawsay rejects the idea that happiness and success depend
on personal wealth and instead promotes solidarity, cooperation, and mutual
support. Community life is based on reciprocity, where work and goods are
shared equitably, and where traditional values such as ayni
(collaborative work) and minka (communal work) remain
fundamental to social organization (Arévalo, 2024).
Cultural pluralism is another of its fundamental principles, as Buen
Vivir recognizes the diversity of knowledge, wisdom, and ways of life. There is
no single valid model of development, but rather multiple paths that depend on
the particularities of each culture and territory. This means that indigenous
communities have the right to organize and make decisions according to their
own traditions, without the state or the market imposing a single model of
development (Olivar, 2024). In this sense, Sumak Kawsay values interculturality and dialogue between
different forms of knowledge, including both ancestral wisdom and modern
thinking.
Another essential aspect of Buen Vivir is community democracy, where
decision-making is based on the participation of all members of the community.
Authority is not exercised in a hierarchical or imposed manner, but is based on
consensus and mutual respect. Indigenous communities have developed their own
systems of government based on collective deliberation and rotation of
positions, which allows for a more equitable management of power.
From a spiritual and ethical point of view, Sumak
Kawsay is based on a deep relationship with nature
and the cosmos. Life is not limited to the material, but also has a spiritual
dimension that must be cultivated through respect, gratitude, and connection to
the Earth. This holistic view conceives of existence as a web of relationships
in which everything is interconnected, making balance and harmony fundamental
to individual and collective well-being.
In Andean neoconstitutionalism, Sumak Kawsay has been
incorporated into the constitutions of Ecuador and Bolivia as a guiding
principle of the state. In Ecuador, the 2008 Constitution establishes that
development must be based on harmony with nature and the protection of the
rights of Pachamama (Rojas, 2024). In Bolivia, the 2009 Constitution introduces
the concept of Vivir Bien, with similar principles, promoting a model based on
complementarity, community, and sustainability (CPE, 2009). In both cases, these
principles have served as the basis for public policies that seek to strengthen
the rights of indigenous communities and the environment.
However, the implementation of these principles has faced multiple
challenges. Despite their constitutional recognition, the economic models of
Ecuador and Bolivia continue to depend heavily on extractive activities such as
mining and oil exploitation. This has led to conflicts between the state,
indigenous communities, and environmental movements, as many government
decisions have prioritized economic development over the protection of nature
and the rights of indigenous peoples. The contradiction between political
discourse and economic practices has been one of the greatest obstacles to the
realization of Buen Vivir in the daily lives of these nations.
Furthermore, the application of Sumak Kawsay requires the construction of legal and
administrative mechanisms that allow for its effective implementation. Although
the law recognizes the rights of nature and legal pluralism, in practice state
institutions continue to operate under a Western paradigm, which limits the
autonomy of indigenous communities and the effectiveness of their own
regulatory systems.
Despite these challenges, Sumak Kawsay remains an important reference point in the search
for alternative models of development. Its influence has transcended the
borders of the Andean countries, inspiring social, environmental, and human
rights movements in other parts of the world. In the face of the environmental
crisis and social inequality caused by the capitalist system, Buen Vivir
represents an alternative based on sustainability, equity, and respect for
cultural and ecological diversity.
3. The Buen Vivir Regime and the Rights of Nature in the Constitution of
Ecuador
According to the Constitution of the Republic of Ecuador (2008), it
represents a milestone in environmental protection by incorporating the concept
of Buen Vivir (Sumak Kawsay)
and recognizing the rights of nature as a central basis for public policy and
social coexistence. This vision of life, deeply rooted in the worldviews of
indigenous peoples, proposes a harmonious and respectful relationship between
human beings and nature, understanding that the health of the planet is
fundamental to collective well-being.
One of the most innovative aspects of the Ecuadorian Constitution is its
recognition of nature as a subject of rights, a biocentric approach that moves
away from the traditional anthropocentric perspective. Nature, known in law as
Pacha Mama, has its own rights that must be protected, respected, and promoted
by the State. These rights include, among others, the right to exist,
regenerate, maintain its ecological cycles and processes, and be restored in
the event of significant damage. This approach redefines the way humans should
interact with the environment, moving from a utilitarian view to one of respect
and comprehensive preservation.
The Ecuadorian State has a responsibility to ensure the protection of
ecosystems, prioritizing biodiversity conservation and the prevention of
environmental damage. In this regard, the protection of natural resources, such
as soil, water resources, and fragile ecosystems (such as páramos and
mangroves), is one of the State's main obligations. The Constitution also
prohibits activities that could irreversibly alter natural cycles or cause the
extinction of species. In addition, nature restoration is recognized as a right
that must be implemented in situations of serious environmental damage, such as
those resulting from the extraction of non-renewable resources.
This comprehensive legal framework reflects a commitment to
sustainability, environmental justice, and intergenerational equity,
recognizing that the preservation of nature is fundamental not only for the
present but also for future generations.
4. Citizen Participation in the Protection of the Rights of Nature
The Ecuadorian Constitution establishes a participatory vision in the
protection of nature, understanding that the defense of the environment should
not fall exclusively to the State but is a collective commitment.
The Ecuadorian Constitution establishes a participatory vision for the
protection of nature, understanding that the defense of the environment should
not fall exclusively to the State, but is a collective commitment. In this
sense, citizens have both the right and the obligation to actively engage in
the defense of the rights of nature and in decision-making related to the
management of natural resources.
One of the fundamental mechanisms for ensuring this participation is the
right to popular consultation. This mechanism allows communities to express
their consent or rejection of projects that may have a negative impact on
ecosystems, such as extractive projects or the modification of sensitive
ecosystems. Popular consultations are binding, which means that the decisions
made by communities must be respected by government authorities and private
companies.
Civil society also plays a crucial role through the creation of
community committees and organizations responsible for environmental oversight.
These groups, many of which draw on the ancestral knowledge of indigenous
peoples, have the capacity to monitor projects and activities that may affect
the ecological balance. The work of these committees goes beyond reporting:
they also have the power to propose actions to prevent environmental damage and
promote the regeneration of damaged ecosystems.
Another key aspect is access to environmental information, which is
guaranteed as a right in the Constitution. This allows citizens to be informed
about the potential impacts of human activities on the environment and to
exercise effective control over decisions that affect ecosystems. Transparency
in environmental management is an essential component of ensuring
accountability and justice in decision-making.
Finally, the Constitution also provides legal tools, such as
constitutional protection and protective measures, that allow citizens to
demand the restoration of ecosystems or the repair of damage caused. These
tools ensure that the rights of nature are defended not only by the State, but
also by citizens themselves, consolidating a culture of sustainability that
extends to all spheres of society.
5. Environmental Education and the Culture of Good Living
An essential aspect of the rights of nature regime in Ecuador is
environmental education as a tool to strengthen the culture of Good Living. The
Constitution recognizes that to achieve true integration between humans and
nature, a profound change in social values and practices is necessary
(Hernández et al., 2024). Environmental education should not only be taught in
schools but also be part of everyday culture, promoting collective awareness of
the importance of protecting biodiversity and ecosystems.
This cultural change involves the adoption of sustainable practices in
all areas of social and economic life. Public policies should be geared toward
fostering environmental responsibility in economic activities, reducing the
consumption of non-renewable resources, and promoting clean technologies.
Similarly, it is important to integrate the ancestral knowledge of indigenous
peoples into environmental management policies, as their relationship with the
land is an example of sustainability and respect for natural cycles.
The Ecuadorian State has an obligation to ensure that the education
system promotes these values, providing new generations with the tools they
need to live in harmony with nature and build a more just and balanced future.
A fundamental aspect of the rights of nature in the Ecuadorian Constitution is
their close relationship with human rights. The protection of nature is not an
isolated goal, but is directly linked to the well-being of people. The right to
a healthy environment is considered a fundamental right, as environmental
degradation directly affects health, quality of life, and access to essential
resources such as water and clean air.
6. Challenges in the Implementation of the Rights of Nature
The incorporation of the rights of nature into Ecuador's Constitution in
2008 set a historic precedent worldwide by recognizing nature as a subject of
legal rights. This innovative legal framework seeks to guarantee the existence,
regeneration, and restoration of ecosystems, promoting harmonious coexistence
between human communities and their natural environment. However, the effective
implementation of these rights faces various challenges.
Among the main obstacles are the lack of legislative development to
regulate these principles, widespread ignorance among citizens and authorities,
and the absence of specialized courts on environmental issues. Added to this is
the conflict with economic and political interests linked to an extractive
development model, which often prioritizes activities that compromise the
integrity of ecosystems. This article explores these challenges, analyzing
their impact on legal and social practice, with the aim of highlighting the
importance of strengthening institutions and collective awareness to make the
rights of nature effective in Ecuador.
The Vilcabamba River case
In October 2008, Ecuador set a global milestone by incorporating a
unique recognition into its Constitution: nature as a subject of rights. This
legal framework establishes that any person or group can demand the fulfillment
of these rights before any public authority, consolidating an innovative
approach to the relationship between humans and the environment. Among the
rights granted to nature are respect for its existence, the regeneration of its
life cycles, the restoration of damaged areas, and the adoption of
precautionary measures against activities that could irreversibly harm it.
Additionally, the introduction of organisms or materials that alter the
country's genetic heritage is prohibited, reinforcing a comprehensive vision of
conservation.
In this context, the case of the Vilcabamba
River sets a historic precedent. The construction of the Vilcabamba-Quinara
highway by the Provincial Government of Loja caused significant damage to the
river's ecosystem, leading two foreign citizens to file a lawsuit for the
violation of the rights of nature (Castillo et al., 2024). The court recognized
the violation of these rights, marking the first judicial ruling in Ecuador to
directly apply this new constitutional framework. This case laid the groundwork
for future legal actions in defense of nature, but also highlighted several
challenges in its implementation.
One of the main obstacles is the lack of secondary legislation to
develop and regulate the rights of nature. Although the Constitution recognizes
them, their interpretation is subject to the discretion of judges and
authorities, leading to inconsistencies in their application. Furthermore, the
lack of awareness of these rights among public officials and citizens hinders
their effective exercise. This problem is exacerbated by the absence of
specialized environmental courts, which limits the capacity of the judicial
system to adequately address related cases.
These challenges are compounded by the tension between the
constitutional framework and the prevailing economic dynamics in Ecuador,
especially those linked to the extractive model. Mining, agricultural, and
infrastructure activities are often prioritized over environmental
conservation, creating conflicts of interest that threaten the enforcement of
the rights of nature.
The case of the Vilcabamba River shows the
need to strengthen institutions and legal tools to ensure that the rights of
nature not only exist on paper but become an effective reality. This requires
not only specific legislation but also training at all levels, from judges to
citizens, to consolidate a legal and social culture around environmental
protection.
Ultimately, defending the rights of nature is a challenge that involves
balancing economic, social, and environmental interests. Only through
collective and sustained effort will it be possible to realize this visionary
pillar of Buen Vivir in Ecuador.
7. Tensions between Economic Development and Ecological Rights
The tension between economic development and ecological rights has been
a constant in the history of global politics, especially in countries rich in
natural resources. Traditionally, it has been understood that economic progress
is only possible through the intensive exploitation of these resources, which
often conflicts with the need to preserve the environment. This dichotomy,
however, has begun to be questioned with the introduction of the concept of
sustainable development. This approach proposes a development model that meets
the needs of the present without compromising the ability of future generations
to meet their own, advocating for the integration of three fundamental
dimensions: economic, social, and environmental.
The concept of sustainable development was consolidated at the Rio
Summit in 1992 and reaffirmed at subsequent events such as the Johannesburg
Summit (2002) and Rio+20. However, although a theoretical consensus on
sustainability has been reached, its practical implementation remains a
considerable challenge. In many cases, political and economic decisions
focus primarily on immediate benefits, such as job creation or economic growth,
without taking into account long-term externalities (Foradori & Molina,
2024). For example, when an industry is developed, the economic benefits
are assessed, but the impact on ecosystems, such as the loss of vital services
such as flood regulation or water purification, is rarely considered, which
ultimately affects the most vulnerable communities in the long term.
As explained (Fuentes, 2024), a paradigmatic case of this tension
is the exploitation of lithium, a key mineral for the energy transition to
renewable sources. Although the demand for lithium is essential to reduce
greenhouse gas emissions and combat climate change, its extraction poses
serious environmental problems, such as the contamination of water sources and
the alteration of fragile ecosystems. This dilemma highlights the paradox
that mitigating the impact of climate change requires activities that, in turn,
contribute to environmental degradation. In countries such as Argentina, which
has large lithium reserves, it is crucial to find a balance between exploiting
these resources and ensuring their responsible and sustainable exploitation.
The case of Ecuador also illustrates how the tension between development
and sustainability can result in conflict. Despite international commitments to
ecological transition, the country has intensified oil production and mining,
leading to increased deforestation in the Amazon. Despite efforts to
create new protected areas, such as the Galapagos Marine Reserve, financing and
management problems remain obstacles (Erazo, 2024). Without sufficient
resources, these areas are left without effective protection, underscoring the
need not only to create policies but also to ensure their effective
implementation through transparent and sustainable mechanisms.
The climate crisis is another factor that has exacerbated the tension
between economic development and ecological rights. Globally, the energy sector
is responsible for more than three-quarters of greenhouse gas emissions
(Sánchez et al., 2024). In this context, the transition to renewable
energy has become an urgent necessity. However, this transition is neither
linear nor free of contradictions, as the decarbonization of the energy matrix
requires the intensive use of minerals such as lithium, copper, and nickel,
whose extraction generates significant environmental impacts. This paradox
highlights the complexity of the socio-ecological transition, which requires
not only a change in energy sources, but also a redefinition of economic and
development models.
Thus, the key to addressing the tension between economic development and
ecological rights lies in recognizing that the social is environmental. Environmental
problems such as climate change and biodiversity loss have a direct impact on
the most disadvantaged communities, which suffer most from the consequences of
ecological degradation. It is therefore essential that development policies be
designed with a long-term vision that not only considers immediate economic
benefits, but also incorporates environmental sustainability and social
well-being as fundamental pillars. The transition to a more sustainable
economic model is possible, but it requires a joint effort involving
governments, businesses, and civil society to ensure that natural resources are
used responsibly, guaranteeing that the benefits are shared equitably and that
the well-being of future generations is not sacrificed.
To achieve an effective transition, it is essential that policies are
comprehensive and take the long term into account. This includes
implementing mechanisms to ensure that negative externalities, such as
pollution or biodiversity loss, are internalized in production and consumption
costs. In the case of mining and natural resource exploitation, it is essential
that countries adopt approaches that prioritize sustainable management, taking
into account not only immediate economic profitability but also long-term
social and environmental implications.
The challenge is therefore to find a dynamic balance between the
exploitation of natural resources and the preservation of the environment,
taking into account the interdependencies between these areas (Botero, 2024).
The global ecological crisis requires each nation to work from its specific
context, but with a global vision of sustainability. The key to this lies
in cooperative and intersectoral resource management that includes dialogue
between productive sectors, local communities, governments, and international
organizations.
Finally, in the context of the ecological transition, the role of social
justice and equity is fundamental. The most vulnerable communities, often
those most affected by environmental degradation, must be an active part of
decision-making processes and benefit from natural resource management. Thus,
economic development and ecological rights should not be seen as opposites, but
as elements that can and must converge towards a more sustainable future for
all.
8. Human rights and the rights of nature in Andean neoconstitutionalism
Andean neoconstitutionalism is a legal model
that has emerged in response to the sociocultural and environmental realities
of countries such as Ecuador and Bolivia, marking a fundamental shift in the
understanding of human rights and nature (Narváez, 2025). This model, which
breaks with the foundations of traditional liberal constitutionalism, is the
product of historical processes in which indigenous, peasant, and social
movements played a crucial role in transforming the state and its norms,
seeking a more just, intercultural society in balance with nature.
In terms of human rights, Andean neoconstitutionalism
is not limited to the individualistic approach that predominates in Western
law. On the contrary, it broadens its perspective by incorporating the
collective rights of indigenous peoples. This includes, for example, the right
to free, prior, and informed consultation, a mechanism that guarantees that
indigenous communities are consulted before any economic activity, such as
natural resource extraction, that may affect their territories is carried out.
This right, established in international instruments such as ILO Convention 169
and recognized in the constitutions of Ecuador and Bolivia, seeks to protect
both the autonomy and cultural integrity of these communities (ILO, 2014).
This model therefore incorporates legal pluralism, a recognition that
different legal systems can coexist within the territory of the same state.
This means that indigenous peoples have the right to apply their own norms,
customs, and justice systems, provided that they respect fundamental rights.
This approach not only recognizes cultural and legal diversity, but also
vindicates centuries of resistance to the imposition of a colonial legal system
that historically ignored indigenous practices and worldviews.
However, the most notable innovation of Andean neoconstitutionalism
is the recognition of the rights of nature, which represents a radical break
with traditional notions of law, where nature was seen as an object or
exploitable resource. In this model, nature is considered a subject of rights.
This means that ecosystems, rivers, forests, and other natural elements have
the right to exist, regenerate, and maintain their life cycles. This approach,
which has its roots in indigenous Andean worldviews, is enshrined in the 2008
Constitution of Ecuador, which recognizes Pachamama as an entity worthy of
protection for its intrinsic value.
A central element linking human rights and the rights of nature is the
principle of Good Living, known as Sumak Kawsay in Quechua or Suma Qamaña
in Aymara. This concept proposes a way of life that prioritizes balance,
harmony, and sustainability, both at the personal and collective levels.
Contrary to the Western model of development, based on unlimited economic
growth and resource exploitation, “Good Living” promotes respectful coexistence
between people and nature. This guiding principle informs not only political
and economic decisions, but also the spiritual relationship that Andean
communities have with their environment (Villamar, 2024).
Despite progress, Andean neoconstitutionalism
faces significant challenges. One of the main challenges is the contradiction
between the recognition of the rights of nature and the extractive economic
model that predominates in countries such as Ecuador and Bolivia. The
dependence on the exploitation of natural resources such as oil, gas, and
minerals to finance social programs creates tensions between constitutional
aspirations and state policies (Alarcón, 2023). This has led to social
conflicts, especially in cases where collective rights or the principles of
prior consultation are not respected.
As a result, the effective enforcement of these rights remains a
challenge. Although the constitutional texts are innovative and progressive,
their implementation faces structural problems such as lack of resources,
institutional weakness, and resistance from powerful economic sectors. For
example, in cases where the rights of nature have been violated, legal actions
often encounter practical and political barriers that limit their
effectiveness.
Andean neoconstitutionalism not only redefines
law in the countries where it applies, but also has a global impact. Its
recognition of the interdependence between human rights and nature offers an
innovative model for addressing the environmental and social crises of the 21st
century, such as climate change, biodiversity loss, and growing inequalities
(Palomino & Palomino, 2024). This model, although still facing challenges,
is an example of how law can be transformed to respond to the needs of a world
seeking a balance between development, social justice, and sustainability.
9. Nature in Andean neoconstitutionalism
Andean neoconstitutionalism emerged as a
response to the need to transform traditional legal frameworks to incorporate
principles of social justice, legal pluralism, and the rights of nature, in
line with indigenous worldviews. In this context, nature is no longer
considered solely as an economic resource but is recognized as a subject of
rights, representing a break with the Western paradigm of environmental law
based on ownership and rational exploitation of natural resources.
One of the most important milestones of this approach is the 2008
Constitution of Ecuador, which establishes in Articles 10 and 71-74 that nature
or Pachamama has its own rights, including the right to existence, maintenance,
and regeneration of its life cycles. In addition, it allows any person or group
to sue on behalf of nature to demand its protection, without having to
demonstrate a personal interest. This represents a global innovation in
constitutional and environmental law, recognizing that nature has value in
itself beyond its usefulness to human beings.
In Bolivia, the 2010 Law on the Rights of Mother Earth reinforces this
vision by defining the Earth as a living being with fundamental rights,
including the right to life, biological diversity, balance, and restoration
(Galimberti, 2024). This legal framework seeks to guarantee harmonious
coexistence between humans and nature, under the notion of Living Well (Sumak Kawsay in Quechua), which
proposes a model of development based on harmony with the environment and the
community.
From a philosophical and legal perspective, Andean neoconstitutionalism
differs from classical constitutionalism in that it incorporates elements of
legal pluralism and recognizes indigenous normative systems, giving them a
status comparable to state law in certain areas, especially in environmental
and territorial governance issues (Morales, 2025). This perspective is based on
the idea that law is not unique or universal, but that multiple forms of
normativity coexist and must be recognized and respected within the state.
However, despite the recognition of the rights of nature in the
constitutional and legal framework, there are significant challenges to their
implementation. The economies of countries such as Ecuador and Bolivia continue
to depend heavily on extractive activities such as mining and oil exploitation,
which creates tensions between constitutional principles and economic policies
(Andrian et al., 2024). In addition, indigenous communities and environmental
organizations have denounced that, in practice, many government decisions
prioritize economic development over environmental protection, demonstrating
the difficulty of enforcing the rights of nature in the face of economic and
political interests.
Another important challenge is the lack of effective mechanisms for the
implementation of these rights. Although progress has been made in terms of
legal recognition, the application of these principles faces limitations such
as lack of political will, institutional weakness, and the difficulty of
harmonizing state law with indigenous justice practices. In this regard,
jurisprudence and social mobilization have played a key role in defending these
rights, with emblematic cases where judges have ruled in favor of nature in
environmental conflicts.
To better understand this important point, it is important to know that
Andean neoconstitutionalism represents a profound
transformation in the conception of law and the relationship between society
and nature. By recognizing nature as a subject of rights and adopting a more
holistic vision based on Buen Vivir, these constitutions have set a global precedent
(Nieto, 2024). However, their implementation faces obstacles stemming from
current economic models, the lack of enforcement mechanisms, and contradictions
between political discourse and government decisions. Despite this,
constitutional recognition of the rights of nature remains an important
milestone in the evolution of environmental law and in the search for more
sustainable and equitable models of development.
10. The Stockholm Conference (1972) and the Rio Declaration (1992):
Pillars of International Environmental Law
The history of international environmental law has been marked by a
constant evolution in the way states and the international community understand
and address ecological problems (Cruz, 2024). Growing industrialization and the
environmental impact of economic development led governments in the second half
of the 20th century to recognize the urgent need for coordinated action to
protect the environment. In this context, two events marked fundamental
milestones in the formulation of global environmental policies: the 1972
Stockholm Conference and the 1992 Rio Conference. These international meetings
not only established key principles and agreements for environmental
protection, but also laid the foundations for the subsequent creation of
national and international regulations that seek to balance economic growth
with ecological sustainability.
The United Nations Conference on the Human Environment, held in
Stockholm, Sweden, in June 1972, was the first global forum dedicated
exclusively to environmental issues (Martín, 2024). Prior to this summit,
concern for the environment was not significantly integrated into development
debates, and ecological degradation was seen primarily as a local or regional
problem rather than a global crisis. However, in the previous decades,
industrial pollution, uncontrolled urban growth, and overexploitation of natural
resources began to raise alarms about the long-term impact of these activities
on people's quality of life and the ecological balance of the planet. The
Stockholm Conference marked a paradigm shift by recognizing that the
environment could no longer be treated as a secondary aspect of development,
but must be a priority on the political and economic agendas of states
(Brizuela, 2024).
One of the most important achievements of this conference was the
adoption of the Stockholm Declaration on the Human Environment, a document that
established 26 fundamental principles for environmental management (Tepan &
Molina, 2024). Among these, the right of all people to live in a healthy
environment was proclaimed for the first time, which was an explicit
recognition of the relationship between human rights and the environment. It
was also established that States have sovereignty over their own natural
resources, but with the responsibility to ensure that their activities do not
cause damage to the environment of other nations, which implied a recognition
of the ecological interdependence between countries. The need for international
cooperation to address environmental problems was also emphasized, laying the
foundations for future multilateral negotiations on biodiversity conservation,
pollution control, and mitigation of the negative effects of industrialization
(Álvarez, 2024).
As a result of the Stockholm Conference, the United Nations Environment Programme (UNEP) was created, which became the main entity
responsible for coordinating environmental actions at the global level. This
body has played a key role in developing international agreements, compiling
scientific information on the state of the environment, and assisting
developing countries in implementing sustainable policies (Pérez, 2024).
However, the summit also highlighted the differences between industrialized
countries and developing nations, as the former advocated stricter regulations
to reduce pollution, while the latter argued that these restrictions could slow
their economic growth. This debate on the balance between development and
conservation would continue in the following decades and reach a point of
maturity at the Rio Conference in 1992.
Two decades after Stockholm, the United Nations Conference on
Environment and Development, held in Rio de Janeiro in June 1992, marked a
significant step forward in integrating sustainability into the global
development framework (Muriel & Rosero, 2024). Known as the Earth Summit,
this meeting was attended by more than 170 countries and focused on how to
promote economic development without compromising the ecosystems and natural
resources essential for life on the planet. In this context, the concept of sustainable
development was consolidated, establishing that economic growth must meet the
needs of the present without compromising the ability of future generations to
meet their own needs. This principle became the central pillar of global
environmental governance and served as the basis for multiple treaties and
national policies in the following decades.
One of the main
documents that emerged from the Rio Summit was the Rio Declaration
on Environment and Development, which presented 27 fundamental principles for
environmental and economic policy-making. Among these, the principle of common
but differentiated responsibility stood out, recognizing that while all
countries have an obligation to protect the environment, industrialized
countries must bear a greater burden in mitigating environmental damage, as
they have historically been the main contributors to pollution and the
depletion of natural resources. The precautionary principle was also
consolidated, establishing that the lack of scientific certainty about possible
environmental damage should not be used as a reason for postponing preventive
measures. This principle has been key in the formulation of modern
environmental policies, especially on issues such as climate change, toxic
waste management, and biodiversity conservation.
In addition to the Rio Declaration, the summit produced three
fundamental international treaties that remain in force today. The United
Nations Framework Convention on Climate Change (UNFCCC) established the legal
framework for future negotiations on reducing greenhouse gas emissions and
adapting to the impacts of climate change, which later led to the Kyoto
Protocol in 1997 and the Paris Agreement in 2015 (Muñiz, 2024). The Convention
on Biological Diversity (CBD) was another major agreement reached in Rio,
focusing on the conservation of ecosystems and species, as well as the
equitable distribution of the benefits derived from the use of genetic
resources. Finally, the Convention to Combat Desertification addressed land
degradation in arid and semi-arid areas, one of the main causes of fertile soil
loss in many regions of the world.
One of the most ambitious outcomes of the Rio Summit was Agenda 21, a
comprehensive action plan that established guidelines for the implementation of
sustainable development policies at the global, national, and local levels.
This document proposed strategies to improve natural resource management,
reduce poverty, and promote more sustainable consumption and production
patterns (Romero, 2024). Although Agenda 21 faced challenges in its
implementation due to a lack of commitment from some governments and economic
sectors, its influence has remained in the design of environmental policies in
various countries.
The Stockholm and Rio Conferences not only laid the foundations for
modern environmental law, but also influenced the formulation of national
constitutions and laws in several countries. In the case of Ecuador, these
principles were fundamental to the recognition of the rights of nature in the
2008 Constitution, a global milestone in environmental protection. Inspired by
the idea that nature is not just an exploitable resource but a living system
with intrinsic value, the Ecuadorian Constitution incorporated principles such
as the right to a healthy environment, the precautionary principle, and common
but differentiated responsibility into its legislation. This approach, based on
the worldview of Buen Vivir or Sumak Kawsay, represents a step forward in the relationship
between society and nature, promoting a balance between development and
conservation.
Despite these advances, the challenges in effectively implementing these
principles remain enormous. Natural resource exploitation, deforestation,
pollution, and climate change continue to threaten ecosystems and human
well-being, making the legacy of these conferences more relevant than ever.
Environmental protection is not only a matter of intergenerational justice, but
an urgent necessity for the survival of the planet and humanity.
Results
An analysis
of the 2008 Constitution of the Republic of Ecuador reveals the incorporation
of the Rights of Nature (DDN) and Sumak Kawsay as fundamental pillars of the legal system. First,
the Constitution recognizes Nature as a subject of rights, which represents a
paradigm shift from the traditional anthropocentric approach. As stated in the
text, 'the Constitution of Montecristi challenges
this premise by granting rights to an entity that is neither human nor created
by humans, redefining the very foundations of law' (Crespo, 2009).
The Constitution also establishes a series of innovative environmental
principles, including prevention and precaution, the principle of in dubio pro natura, and citizen participation in
environmental decision-making (Constitution of the Republic of Ecuador, 2008,
Articles 395, 397, 398). The Constitution enshrines Sumak
Kawsay as a philosophical and ethical principle that
promotes a full life in harmony with nature, the community, and the cosmos. As
mentioned, 'More than an economic or political concept, Sumak
Kawsay represents a holistic way of life that values
interdependence, respect for biodiversity, and a spiritual connection with the
universe'.
However, the analysis also reveals significant challenges in the
effective implementation of these principles. Despite constitutional
recognition, the economic models of Ecuador and Bolivia continue to rely
heavily on extractive activities, which generate socio-environmental tensions
and conflicts. In addition, citizen participation in the protection of ENR is
hampered by a lack of access to relevant information, weak prior consultation
mechanisms, and the limited capacity of communities to assert their rights.
Discussion
The results
obtained confirm the relevance and transformative potential of the Ecuadorian
Constitution in environmental matters. The recognition of the Rights of Nature
and the promotion of Sumak Kawsay
represent a significant step towards a more sustainable and equitable
development model (Iza & Alvarado, 2024). However, the challenges
identified in the effective implementation of these principles suggest the need
to adopt additional measures to ensure their compliance.
In particular, it is essential to address the tensions between the
extractive economic model and environmental protection. As other studies have
shown, dependence on activities such as mining and oil exploitation can have
negative impacts on ecosystems and local communities, undermining efforts to
promote Sumak Kawsay and
protect NHR. In this regard, it is necessary to promote a transition towards a
more diversified and sustainable economy, based on the valuation of ecosystem
services and the promotion of environmentally friendly productive activities
(Suárez, 2021).
Likewise, it is crucial to strengthen mechanisms for citizen
participation in environmental decision-making. The Ecuadorian Constitution
recognizes the right of citizens to be actively involved in the protection of
nature, but in practice, effective participation is limited by various factors
(CONSTITUTION OF THE REPUBLIC OF ECUADOR, 2008). To overcome these obstacles,
it is necessary to guarantee access to transparent and timely information,
strengthen prior consultation mechanisms, and promote training and empowerment
of local communities. Only through active and informed citizen participation
can the effective protection of the Rights of Nature and the construction of a
truly sustainable development model be guaranteed.
References
Alarcón, I. (2023). El camino del
extractivismo en América Latina y el cambio de rumbo. De Raíz Diversa.
Revista Especializada en Estudios Latinoamericanos, 10(20),
Article 20. https://doi.org/10.22201/ppela.24487988e.2023.20.90639
Álvarez, J.
(2024). Formación docente y participación ciudadana: Innovación educativa
para la sostenibilidad y el desarrollo integral (pp. 219-230). Dykinson.
https://doi.org/10.14679/3662
Andrian, L.,
Canavire, G., & Jiménez, J. (2024). Dependencia de los recursos
naturales a nivel subnacional en la Región Andina: Desafíos y reformas.
1-83.
Arévalo, I.
(2024). Propuesta de diseño de un programa de educación financiera para
la Asociación Indígena de Emprendedores Kallari en el Cantón Tena
[FLACSOAndes]. http://repositorio.flacsoandes.edu.ec/handle/10469/21739
Ayala, H.,
Diaz, L., Gómez, S., González, H., Ipaz, S., Macías, L., Madriñán, L.,
Molina, C., Montoya, C., & Peña, J. (2019). Identificación y análisis de
impacto de la actividad minera y la explotación ilícita en los ecosistemas
del territorio nacional.“. Formando líderes para la construcción de un
nuevo país en paz, 88, 2-127.
Botero, J.
(2024). Elementos metodológicos para el análisis del metabolismo
socioeconómico en el área ambiental de las asociaciones rurales campesinas
en el marco de la política pública “Plan de Ordenamiento Territorial 2024 –
2035” de Dosquebradas, Risaralda [Universidad Nacional Abierta y a
Distancia UNAD de Colombia].
http://repository.unad.edu.co/handle/10596/65523
Brizuela, F.
(2024). Asentamientos informales: Mejorar el hábitat, desestimar la
vivienda: Una historia de su emergencia en las Conferencias de la ONU. Estudios
del hábitat, 22(2), Article 2.
https://doi.org/10.24215/24226483e142
Castillo, J.,
Soto, J., & Cásares, L. (2024). Rescate de los ríos como recurso
hídrico, estudio jurídico comparativo: Colombia, Ecuador y México
[CIDE]. http://repositorio.cidecuador.org/jspui/handle/123456789/3084
CONSTITUCION
DE LA REPUBLICA DEL ECUADOR. (2008). CONSTITUCION DE LA REPUBLICA DEL
ECUADOR 2008. https://www.oas.org/juridico/pdfs/mesicic4_ecu_const.pdf
Constitución
de la República del Ecuador, L. (2008). Constitución de la República del
Ecuador.
https://www.lexis.com.ec/biblioteca/constitucion-republica-ecuador
Coral, C.
(2021). Buen vivir (Sumak Kawsay) y felicidad en Ecuador [Doctoral
thesis, Universidad de Granada]. https://digibug.ugr.es/handle/10481/71851
CPE. (2009). Constitución
Política del Estado (CPE)—Bolivia.
https://www.oas.org/dil/esp/constitucion_bolivia.pdf
Cruz, L.
(2024). La ambientalización en la evolución del estatuto jurídico de la
Industria Minera en Chile: Chuquicamata, un ejemplo de lo que el Estado no
debe hacer. Latam: revista latinoamericana de Ciencias Sociales y
Humanidades, 5(5), 7.
Erazo, M.
(2024). “Ecoturismo y su contribución en la conservación de la flora y
fauna del refugio de vida Silvestre y Marino Pacoche” [bachelorThesis,
Unesum]. http://repositorio.unesum.edu.ec/handle/53000/6739
Foradori, M.,
& Molina, L. (2024). Las representaciones sociales del ambiente como
una herramienta clave para la construcción de una educación ambiental
crítica [Universidad Nacional Villa María].
http://biblio.unvm.edu.ar/opac_css/index.php?lvl=cmspage&pageid=9&id_notice=46766
Fuentes, P.
(2024). El rol del Estado emprendedor-empresario en la industrialización
del litio en Argentina: Los casos de Y-TEC e YPF Litio. Universidad Nacional
de La Plata. Facultad de Humanidades y Ciencias de la Educación
[Universidad Nacional de La Plata].
https://www.memoria.fahce.unlp.edu.ar/library?a=d&c=tesis&d=Jte2723&fbclid=IwAR00-Mq3GwmualvDoxC1lMr1iFul_jVTnHLbexiyPQdSWCDzJFwC1X_ktVM
Galimberti, C.
(2024). Del Genius Loci a la Pachamama. Una revalorización del espíritu del
lugar frente a neo-extractivismos en América Latina. Andamios, Revista de
Investigación Social, 21(56), Article 56.
https://doi.org/10.29092/uacm.v21i56.1134
Hernández, V.,
Riera, Á., López, J., & Iglesias, J. (2024). Políticas publica para la
preservación ambiental en Ecuador. Verdad y Derecho. Revista Arbitrada de
Ciencias Jurídicas y Sociales, 3(especial), Article especial.
https://doi.org/10.62574/20ad2c62
Iza, B., &
Alvarado, J. (2024). Interdependencia entre los derechos de la naturaleza y
los derechos del buen vivir: Análisis constitucional para una coexistencia
sostenible: Interdependence between the rights of nature and the rights of
good living: constitutional analysis for a sustainable coexistence. LATAM
Revista Latinoamericana de Ciencias Sociales y Humanidades, 5(4),
Article 4. https://doi.org/10.56712/latam.v5i4.2534
Martín, M.
(2024). La protección penal internacional del medio ambiente: Hacia el
delito de ecocidio. Derecho PUCP, 92, 55-94.
https://doi.org/10.18800/derechopucp.202401.002
Martínez, L.
(2024). Política del Sumak Kawsay—Buen Vivir en los Planes de Gobierno en lo
que Respecta a la Circunscripción Territorial en el Ecuador. Ciencia
Latina Revista Científica Multidisciplinar, 8(4), Article 4.
https://doi.org/10.37811/cl_rcm.v8i4.13110
Morales, J.
(2025). El pluralismo jurídico en el ordenamiento jurídico ecuatoriano
[Universidad de Córdoba]. http://helvia.uco.es/xmlui/handle/10396/32342
Muñiz, O.
(2024). Posiciones de la Alianza de Pequeños Estados Insulares en las
negociaciones bajo la Convención Marco de las Naciones Unidas sobre el
Cambio Climático, periodo 2016-2022. Revista Política Internacional, 6(2),
Article 2. https://doi.org/10.5281/zenodo.10855514
Muriel, E.,
& Rosero, I. (2024). Hitos internacionales que han incidido en el
desarrollo de la educación ambiental en Colombia. Revista Científica
Retos de la Ciencia, 8(17), Article 17.
https://doi.org/10.53877/rc.8.17.20240101.6
Narváez, M.
(2025). La inconcreción de los derechos de la naturaleza y la tutela
judicial. Análisis teórico jurisprudencial: Caso Ecuador 2008-2022
[doctoralThesis, Quito, EC: Universidad Andina Simón Bolívar, Sede Ecuador].
http://repositorio.uasb.edu.ec/handle/10644/10252
Nieto, K.
(2024). Del pluralismo liberal al constitucionalismo intercultural. Revista
Andina de investigaciones en Ciencias Jurídicas, 1(1), Article 1.
https://doi.org/10.69633/dywjjz97
OIT. (2014). Convenio
Núm. 169 de la OIT sobre pueblos indígenas y tribales en países
independientes. Declaración de las Naciones Unidas sobre los Derechos de los
Pueblos Indígenas. Biblioteca del Congreso Nacional de Chile.
https://www.cndh.org.mx
Olivar, S.
(2024). Bienestar y Buen Vivir de los pueblos. Ciencia e
Interculturalidad, 34(1), Article 1.
https://doi.org/10.5377/rci.v34i1.19838
Palomino, D.,
& Palomino, Y. (2024). La pachamama como sujeto de derecho en el
ordenamiento jurídico nacional a la luz del neoconstitucionalismo ambiental
latinoamericano. [Universidad Continental].
https://repositorio.continental.edu.pe/handle/20.500.12394/15786
Pérez, R.
(2024). Las Naciones Unidas y la reforma de la arquitectura institucional
del Derecho Internacional del Medio Ambiente. Revista Electrónica de
Estudios Internacionales, 47, 273-306.
https://doi.org/10.36151/reei.47.10
Rojas, E.
(2024). Diálogos sobre el ejercicio de la autonomía territorial indígena:
Aportes para repensar el ordenamiento político administrativo colombiano
[Universidad Externado de Colombia].
https://bdigital.uexternado.edu.co/handle/001/15673
Romero, R.
(2024). Centroamérica ante los retos que depara el cambio climático global.
¿Existe una agenda regional? Conjeturas Sociológicas, 12(34),
Article 34.
Sánchez, L.,
Martínez, F., Torres, S., Lascano, A., & Terán, G. (2024). Agricultura
de Precisión en El Ecuador. Ciencia Latina Revista Científica
Multidisciplinar, 8(1), Article 1. https://doi.org/10.37811/cl_rcm.v8i1.9547
Soledispa, J.
(2022). La construcción de la sociedad del buen vivir en tiempos de
globalización. Foro: Revista de Derecho, 37, 97-116.
https://doi.org/10.32719/26312484.2022.37.5
Suárez, Á.
(2021). La naturaleza como sujeto de derecho y su relación con el
constitucionalismo ecuatoriano [bachelorThesis, Quito, Universidad
Metropolitana]. https://repositorio.umet.edu.ec/handle/67000/528
Tepan, D.,
& Molina, M. (2024). Evaluación de la efectividad de los instrumentos
legales para la protección de la naturaleza. 593 Digital Publisher CEIT,
9(6), 356-371.
Villamar, N.
(2024). Las alternativas del buen vivir y su influencia en el clima
organizacional de una institución educativa, Ecuador, 2023 [Universidad
César Vallejo]. https://repositorio.ucv.edu.pe/handle/20.500.12692/141850