UDTR Global Rights of Nature Radar

Rights of nature and non-use of nature for environmental protection in Antarctica

Identification

Public canonical key

doi:10.1080/2154896x.2024.2414645

Authors

Solène A. Guggisberg

Reported year

2024

Reported language

en

Source type

article

First detected

2026-11-09T19:04:47.884154+00:00

Last metadata observation

2026-11-10T16:58:51.363522+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Utrecht University

Reported affiliation countries

NL

Documentary abstract — original language

This article examines whether and to what extent a traditional international law regime can step in for the rights of nature, which are not yet recognised at the international level. It proceeds by analysing whether non-use measures in the Antarctic Treaty System (ATS), such as the suspension of fishing within marine protected areas, the moratorium on mining, and the restrictions to entry into Antarctic Specially Protected Areas, reflect the aims and values of the rights of nature and contribute to achieving the content of the rights of nature’s substantive and procedural rights. The focus on non-use measures is important as this is the type of conservation and management measures that, at least on paper, provide the highest possible form of environmental protection; use is prohibited and nature is hence given priority. This article finds that the aims of the non-use measures examined are quite reflective of fundamental elements of the rights of nature, but that ecocentric values are often accompanied by anthropocentric ones, especially in the older instruments. When it comes to substantive rights, while non-use measures adopted under the ATS have the potential to protect elements of nature and ensure that they can continue to exist and fulfil ecological functions, important issues remain, in particular exceptions and the limited material scope of non-use measures. Most problematic are procedural rights. While some noteworthy procedures enable a variety of interests to be represented and some checks and balances exist to promote compliance with obligations, States closely control key decision-making stages. In particular, the adoption of new non-use measures through consensus places the bar very high for their potential expansion. While non-use measures cannot replace the rights of nature, some best practices reflective of more ecocentric values and rights are noted, which could be further developed within the ATS or used in other regimes’ modifications or development.

Identifiers

OPENALEX

W4405111701

DOI

10.1080/2154896x.2024.2414645

OPENAIRE

doi_dedup___::c4bcbceb128399ef52235e39edb8eca3

Documentary context

Documentary family

Scholarship

Source-reported types

Article · article

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAIRE · Record 1

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.1080/2154896x.2024.2414645
• OpenAlex · https://openalex.org/W4405111701

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

• openalex:w1520496099 · CITES
• openalex:w1525843005 · CITES
• openalex:w1560076756 · CITES
• openalex:w1563456936 · CITES
• openalex:w2016306384 · CITES
• openalex:w2029198791 · CITES
• openalex:w2128612602 · CITES
• openalex:w2138317156 · CITES
• openalex:w2175004513 · CITES
• Nature as a legal person · CITES
• Responding to the Great Work: The Role of Earth Jurisprudence and Wild Law in the 21st Century · CITES
• openalex:w2334371164 · CITES
• openalex:w2491256709 · CITES
• Exploring Wild Law: The philosophy of earth jurisprudence · CITES
• openalex:w2898821736 · CITES
• openalex:w2902933752 · CITES
• A rights revolution for nature · CITES
• openalex:w2923968811 · CITES
• Rights of Nature: why it might not save the entire world? · CITES
• openalex:w2940842709 · CITES

6 incoming references within the detected corpus

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.