In recent years, several countries have adopted a new legal approach to address ecological damages by granting fundamental rights to non-human natural entities. Yet, little is known about the actual impacts of this new constitutionalism of nature on environmental protection. This article seeks to better understand these impacts by presenting a case study of the Colombian Atrato River decision. Based on implementation reports and qualitative interviews with the river’s legal guardians and state officials, it argues that rights of nature can be an important impetus for change. However, at least in Colombia, their impacts relate less to legal standing of natural entities, as presumed in the literature, but rather to improvements in policymaking. To transform complex ecological crises in weak governance areas, strengthening local state institutions and integral environmental policies are more important than rights of nature. But they can play a role in this regard.
Abstract∞
In internal armed conflicts, business actors often play an important role. Yet, their criminal responsibility is rarely addressed in transitional justice (TJ). This article presents a case study of the Colombian transition process with respect to the paramilitaries, which has resulted in hundreds of criminal investigations against business actors in the ordinary justice system. Nonetheless, the large majority continues in impunity. Based on qualitative interviews with public prosecutors, the article analyzes the main obstacles to holding them accountable, arguing that TJ processes should give more emphasis to the private-sector supporters of armed groups so as to prevent the recurrence of violence.
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