Buen Vivir and the Rights of Nature in National and International Law

Abstract

In the context of the danger to human existence of climate change and loss of biodiversity, and the failure of governments to prevent deforestation and other human activities that result in unsustainable levels of carbon emissions, this chapter explores indigenous peoples’ relationship to nature and the lessons the West has learned from indigenous worldviews and practices. It traces the evolution of global indigenous environmental movements and the incorporation of sumak kawsay/suma qamaña and the Rights of Nature into the Ecuadorian and Bolivian constitutions. It indicates the ways in which indigenous cosmologies, and indigenous movements, have influenced intergovernmental bodies’ environmental initiatives and led to the incorporation of indigenous peoples’ rights into international law. The successful outcomes of rights of nature litigation in countries across the continents, including in Latin America, highlight the role of local judiciaries in protecting both indigenous cultures and the world’s wild places.