ISBN : 9782897991579
Year of publication : 2021
Nombre de pages : 528
Langue : Anglais#French</trp-gettext#!trpEnglish#, Anglais
In the wake of the recognition as "subjects of rights" of the Whanganui River in New Zealand, the Ganges and Yamuna Rivers in India, the Yarra River in Australia and the Atrato River in Colombia, the International Observatory for the Rights of Nature has initiated a reflection on the possibility of recognizing the St. Lawrence River, the "path that walks" as the First Nations call it, as a "legal person". The texts in this collective work examine the implications of granting the St. Lawrence River a legal personality and rights, explore the epistemological foundations of the paradigm of recognizing the rights of nature, and present concrete cases of the recognition of rivers as subjects of law.
Written by experts from several countries where recognition of the legal personality of rivers has occurred to date, they take an in-depth look at the challenges and contributions of this paradigm shift in river protection. This book answers questions about the implications of such recognition and contributes to the process of building a new law that has just begun in Quebec and Canada with the adoption in February 2021 of resolutions conferring "legal person" status on the MagPie/Muteshekau Shipu River located on Quebec's North Shore and on the Nitassinan (ancestral territory) of two Innu communities, Ekuanitshit and Uashat mak Mani-utemam.
Daniel Turp is Associate Professor at the Faculty of Law of the Université de Montréal and Research Associate of the International Observatory for the Rights of Nature. He holds a doctorate (summa cum laude) from the Université de droit, d'économie et de sciences sociales de Paris (Paris II). He is Chairman of the Board of the Société québécoise de droit international and President of the Association québécoise de droit constitutionnel. He has been a member of the Canadian House of Commons and the Quebec National Assembly. He is the author of La Constitution québécoise - Essais sur le droit du Québec de se doter de sa propre loi fondamentale, published by Éditions JFD in 2013.
Yenny Vega Cárdenas is President of the Montreal-based International Observatory for the Rights of Nature, and a member of the UN network of experts for the Harmony with Nature chapter. She is a member of the Quebec Bar and a lawyer in Colombia, and holds a master's degree in business law and a doctorate in water law. She is the author of La construction sociale du statut juridique de l'eau: le cas du Québec et du Mexique, published by Éditions JFD in 2015.
