Author(s) : Daniel Turp, Yenny Vega Cárdenas
ISBN : 9782897995096
Year of publication : 2023
Nombre de pages : 544
Langue : Anglais
In the wake of the recognition 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 as «subjects of rights», the International Observatory on Nature’s Rights has initiated a reflection on the possibility of recognizing the St. Lawrence River, the «path that walks» as it is called by the First Nations, as a «legal person». The texts in this collective work deal with the implications of attributing a legal personhood and rights to the St. Lawrence River, delve into the epistemological foundations of the paradigm of the recognition of the rights of Nature and present concrete cases of recognition of rivers as subjects of law.
Written by experts from several countries where the recognition of the legal personhood 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 the status of «legal person» on the MagPie/ Muteshekau Shipu River located on the North Shore of Quebec and on the Nitassinan (ancestral territory) of two Innu communities, Ekuanitshit and Uashat mak Mani-utemam.
Contributions : Inès Bennada, David Cordero Heredia, Teresa Vicente Giménez, Stratégies Saint-Laurent, Isabelle Delainey, Uapukun Mestokosho, Sylvain Gaudreault, Andrew Galliano, Nathalia Parra, Bianca De Marchi Moyano, Hugo Muñoz, Danaé Espinoza, Erin O’Donnell, Brettel Dawson, Shrishtee Bajpai, Rébecca Pétrin, Sokhna Sene, Victor David, Daniel Turp and Yenny Vega Cárdenas.
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.




