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This article discusses ethics in times of pandemic crisis (COVID-19) taking into consideration the sustainability paradigm. Two related ethical approaches are discussed and contrasted. On the one hand, the relational embodied ethics of the commons is discussed in the background of the pandemic of COVID-19. On the other hand, "lifeboat ethics" is interpreted in considering the pandemic situation. The main goal of the article is to compare the two ethical approaches as a way of dealing with our shared predicament in times of a pandemic, a state of exception, and based on that, to additionally derive conclusions about their application in further crises in the Anthropocene, whereby the primacy of sustainability is presumed.
This paper is structured into two parts, which are closely related: first, the analysis of the parlamentary and governmental measures against the covid-19 pandemic; and second, the future regulatory framework about freedom of movement and other rights in the European area, according to the new European pact on migration and asylum.
This paper analyzes some of the assumptions in which the varied use of technologies to confront the spread of the COVID-19 pandemic and protect people's health has impacted on the fundamental right to the protection of personal data; to do so, it starts from the premise that the use of these technologies cannot mean an affectation to the referred fundamental right, much less an indiscriminate treatment of such data without any minimum control whatsoever.
The study traces the development of compulsory vaccination in Germany against the background of political discussion and legislative activities, focusing on the area of tension between state health protection and the right to medical self-determination in the context of constitutional balancing. It is based on the assumption that the right to medical self-determination traditionally dominates state decisions in a democratic constitutional state and that the scope for decision-making is constantly being further contoured in the face of current challenges.
Impact of Covid-19 on company & insolvency law: An overview of Luxemburgish responses [new layout]
(2022)
Covid-19 outbreak had a huge impact on the economy worldwide as businesses had to close or cease their activities due to the lockdown regulations. The “luckiest” firms were able to operate but under restricted conditions. In order to avoid what certain authors called “bankruptcy epidemic” European countries took economic and fiscal measures to help companies compensate their financial losses. In addition to Government Grants, emergency legislations have been adopted with the aim to adapt insolvency and restructuring procedures to the sanitary situation and specific rules relating to company Law have also been implemented. This paper deals with the measures taken by the state of Luxembourg and gives a brief overview of the legal amendments
This paper evaluates the freedom of trade, occupation, and profession in South Africa from a Covid-19 pandemic context. It does that by focusing on the pertinent provisions and rights contained in the Constitution of the Republic of South Africa, 1996 (the Constitution) and relevant international and regional human rights instruments. It proceeds by discussing the interlinkage between (the freedom of trade, occupation, and profession and other pertinent fundamental) rights, limitation, enforcement, and interpretation of rights. This is followed by some final observations.
The following collection of manuscripts emerged from an international and interdisciplinary Virtual Exchange that took place during Covid-19 Pandemic in March/April 2021 organised by Prof. Milena Valeva and Prof. Kathrin Nitschmann. Covid 19 had -and still has in parts of the world- led to severe restrictions of fundamental liberties worldwide and thus enhanced debates on ethics and human rights. This debate appeared as a common denominator connecting citizens in countries all over the world. One of the concrete consequences for students was certainly the reduction of mobility, not only in the sense of not being allowed to visit the university but also in canceling planned international exchanges. In this context, the virtual exchange offered a chance not only to overcome the still lasting restrictions on mobility but also to exchange daily life experiences of students in Covid-times, merging into restrictions and/or violation of human rights in a legal and ethical dimension. Students from Peru, Israel and Bulgaria participated in the virtual exchange, which was supported by the International Teaching Award of Trier University of Applied Sciences, within the frame of of a summer school and had the opportunity to work synchronously and asynchronously in international and interdisciplinary teams on the topic COVID-19 - ETHICAL DILEMMAS AND HUMAN RIGHTS - EXPLORING INTERNATIONAL DIMENSIONS. Colleagues from Cape Town, Peru, Spain and Israel supported the event by their professional presentations. This special issue and at the same time first issue of the JOURNAL OF INTERNATIONAL AND DIGITAL COMMUNICATION: SUSTAINABILITY PERSPECTIVES is a collection of the manuscripts of the speakers, which at the same time reflects the diversity of the topics discussed and the international perspectives. Since this is a compilation of manuscripts, the authors were responsible for the scientific formulation of the texts.
Content:
Letlhokwa George Mpedi:
Freedom of trade, occupation and profession in times of the COVID-19 pandemic in South Africa
Larissa Glidja-Yao:
Impact of COVID-19 on company & insolvency law: An overview of Luxemburgish responses
Kathrin Nitschmann:
On the development of compulsory vaccation in Germany in the interplay between general health protection and individual self-determination - a never-ending story?
Diego Zegarra Valdivia:
The use of technological tools in the fight against COVID-19 & its implications on the fundamental right to the protection of personal data - an approach
José Joaquín Fernández Alles:
Human rights in the new pact on migration on [and] asylum of European Union: An open society or closed society
Milena Valeva & Yotam Lurie:
Spinning ethical plates in times of pandemic and sustainability
[AI generated:] This article explores the cultural dependencies and symbolic nature of the Rights of Nature (RoN) within the context of the European Union (EU). It argues that the successful implementation of RoN in regions like New Zealand and Ecuador is deeply rooted in indigenous cultural perspectives, which contrast sharply with the anthropocentric legal frameworks prevalent in Western industrialized nations. The article highlights how the recognition of non-human entities as legal subjects in these countries is often a socio-political strategy rather than a genuine shift towards ecocentrism. The case of illegal gold mining in Ecuador exemplifies the ongoing dominance of anthropocentric perspectives, where economic interests frequently undermine environmental protections.
In contrast, the EU's approach to environmental justice is shaped by a lack of indigenous populations and the complexities of transposing EU law into national legislation. The EU primarily focuses on ecosystem services, emphasizing the necessity of environmental protection for human survival rather than granting rights to nature. This anthropocentric viewpoint is further reflected in societal attitudes towards environmental policies, where fears of economic disadvantage and social conflict hinder acceptance of transformative measures.
The article concludes that the global community is at a historic crossroads regarding ecological transformation, emphasizing the need for culturally sensitive approaches to avoid social resistance. In cultures where the protection of natural entities aligns with spiritual beliefs, RoN could be beneficial if implemented meaningfully. However, in EU countries where spirituality is diminishing and indigenous populations are scarce, adopting RoN may risk alienating the public and exacerbating political divisions. Therefore, enhancing existing environmental legislation is crucial to foster trust in its effectiveness and fairness, ensuring that vulnerable populations are not disproportionately affected.
Following arguments about feasibility of implementing and application of the Rights of Nature, this article is based on the exposition of elements of an economic nature in opposition to the (confirming) proclaimed position, adding a new point of view in relation to the different perspectives.
Therefore, the perspectives proposed here will be divided into three argumentative nuclei: the inability to maintain the actual environmental programs as a competitive economy, custom of all these projects to the members of the European Union and the energy crisis, linked to the failure to agree on new plans for energy supplies across.
The purpose of this work is to critically examine and reflect on the feasibility of granting legal rights to nature within the context of the European social and legal reality. We aim to address the following question: Should we grant legal rights to nature?
This is not merely a legal debate; rather, it extends to our fundamental understanding of the relationship between humanity and the environment. Some argue that we are at a turning point where granting rights to nature is the only way to protect our planet and ensure an environment suitable for future generations. Others, however, warn of the risks of creating a "legal chaos," considering the economic implications that such a radical shift might entail.
It's necessary to recognize nature rights in the European Union in order to guarantee an effective protection of natural entities and the common good. According to the International Union for Conservation of Nature (IUCN), at least 1,677 species out of 15,060 European species assessed are threatened with extinction (European Parliament, 2020). Currently, there are many dangers to ecosystems and biodiversity in Europe, such as climate change, urbanization and leisure activities, the pollution of air, water and soil as a consequence from agriculture, illegal killing and hunting, invasive species, and forestry activities (European Environment Agency, 2020).
In attention to these issues, we – as a society – need to find an effective way to protect nature. This essay will demonstrate how the recognition of the rights of nature is a valuable tool for achieving effective protection of ecosystems in European countries.
Conclusion: Perhaps a new Social Contract needs to be understood so that humans can operate more harmoniously with nature as well as with mankind. As long as the lens of life is only viewed through the interests that humans hold, the Rights of Nature cannot be actualized. This would cause chaos as climate change worsens, as less regard will be taken when more liberties are taken by harvesting the depleting resources. By taking action now, and giving nature personhood, humanity can have an intervention with itself and realize that taking advantage of entities that cannot speak for themselves, especially when it is extended to nature, is fundamentally wrong. As disputes over land and resources lessen as the lines of the Rights of Nature are followed, it will make the observance of the Social Contract easier to follow, therefore leading to a more pluralistic, peaceful society where the SDGs are closely adhered to, because nature will be granted rights at last.
The current global scenario is marked by conflicts, inequalities, and geopolitical tensions, which have created a growing sense of global insecurity, combined with the stagnation of progress towards the Sustainable Development Goals (SDGs) and the worsening of the climate emergency. This situation presents outcomes completely opposed to the promise of a better future, with greater prosperity and peace, which technological and scientific advances were supposed to bring to both people and the planet. These outcomes also demonstrate that we are wasting the opportunity to use technology, science, and global interconnectedness to achieve the aforementioned improvements (United Nations, 2024, Dec 22nd).
The global community needs to find real solutions capable of changing the course we are setting for the future of the planet and humanity.
In this regard, during the Summit of the Future, held in September 2024, world leaders made a series of commitments to sustainable development, financing for development, peace, international security, science, technology, innovation and digital cooperation, youth, future generations, and the transformation of global governance, establishing the “Pact for the Future” and its annexes: the “Global Digital Compact” and the “Declaration on Future Generations”, which aim to create international mechanisms to respond to current and future challenges and opportunities, striving for more security, justice, sustainability, and prosperity (United Nations, 2024, Sep).
In face to this scenario, environmental protection has become one of the greatest challenges for the global community. To address this, we need to mobilize all the means and resources available across various fields of knowledge. Among the tools available for environmental protection, ecological awareness and the transformative power of legal systems stand out, as well as the influences these instruments can have on each other in a mutual and continuous manner.
Increasingly frequent and severe extreme weather events are already affecting the European continent, posing serious threats to both the well-being of its citizens and its economies. Droughts are becoming more common and more intense, leading to reduced agricultural yields and higher rates of tree mortality (Buras et al., 2020). Coupled with rising temperatures, these conditions have resulted in an increase in wildfires, particularly in countries such as Greece and Portugal (European Forest Fire Information System, 2024). These fires not only devastate forests and biodiversity, but they also endanger public health and safety (European Climate and Health Observatory, 2024). Wildfires generally also release vast amounts of carbon into the atmosphere, which exacerbates climate change and creates a dangerous feedback loop (US Environmental Protection Agency, 2016).
While droughts and heatwaves are pressing issues, the opposite problem – excessive water – has be come a significant challenge as well, as flooding is the most frequent type of extreme weather event in Europe (CRED, 2021), with events like the 2021 floods in Germany and Belgium causing approximately 43 billion USD in damages. (Yale Climate Connections, 2022).
The impact of these events could increasingly threaten Europe’s economic interests by destabilizing key industries, such as agriculture, tourism or health care, and damaging billions worth of properties and infrastructure as climate change progresses. (Ciscar et al., 2011) A study indicated that Germany alone might face economic costs of up to 920 billion Euros by 2050 because of climate change. (GWS et al., 2022). But more importantly, these events endanger basic survival, as they can undermine food and water security and create public health crises. As Europe struggles to adapt, the increasing costs and risks highlight the urgent need for more comprehensive and innovative legal protection for the environment.
An innovative legal approach to better protect nature could be the concept of Rights of Nature (RoN). By granting natural entities “legal personhood” and therefore enabling them to have standing in court, it may become easier and more effective to protect the environment and climate from competing – often economic – interests.
The following chapters will delve into the idea of awarding legal rights to natural entities within the European context, drawing inspiration from the story of “Run Run,” a fox in Peru that was granted subjective rights.
Conclusion: Law is, and will ever be, a human (a societal) construct. As such, its instruments will always, tably, require human mediation. Given the seemly unstoppable acceleration of the ecological crisis, it is plausible that innovative proposals start to challenge the human-nature dualism enshrined in Law. Nevertheless, in doing so, some proposals risk fetishizing concepts, being merely performative without demonstrating real capacity to challenge the dualistic structure of the legal order. In fact, rights are a markedly humanistic juridical figure; therefore, transplanting them to non-human subjects generates a series of dogmatic problems, while reproducing the same individualistic worldview. The RoN are congenitally divisive and reductionist, forcing an unnatural enclosure of ecological systems in contained units and putting them in competition with other (human) rights. This is precisely what should be avoided if we take the present predicament seriously.
The focus of an authentically transformative legal theory should not be to extend the legal realm to colonize nature. On the contrary, the focus should be on integrating ecological dynamics into the legal order. Instead of giving rights to nature, we should be attributing humans stringent obligations towards nature. If the goal is to affect human behavior, which is the source of the immense devastation unraveling, then the reasonable way forward is to act on human behavior. It is the Law that must “ecologize”, not the other way around.
The debate surrounding the recognition of the Rights of Nature has gained global prominence, providing a legal and ethical approach that fundamentally reshapes societal perspectives on their connection with the natural world.
This paper explores the challenges of aligning the Rights of Nature with European societal values, highlighting how conventional Western legal systems and cultural attitudes have limited public support for Rights of Nature initiatives. The Rights of Nature (RoN) grants natural entities—such as rivers, forests, and ecosystems—inherent rights, akin to human rights, to exist and thrive independently of human use or exploitation. This perspective, deeply rooted in ecocentric values and often influenced by Indigenous worldviews, diverges sharply from the anthropocentric frameworks that have historically shaped European legal and environmental policies (Kauffman & Martin, 2017). Influential milestones, such as Ecuador’s 2008 Constitution and New Zealand’s 2017 Te Awa Tupua Act, have set significant precedents for RoN by recognizing ecosystems and natural entities as legal persons, affirming their intrinsic right to exist and regenerate without serving solely human interests (New Zealand Parliament, 2017; Constitution of Ecuador, 2008). However, these advances stand in contrast to Europe’s generally anthropocentric legal and cultural perspectives, which frame environmental protection as a means to safeguard human interests.
The following section provides an overview of the global RoN movement, underscoring its ecocentric and animistic roots, which emphasize nature’s intrinsic value and agency beyond human utility.
A closer look at Europe in section three reveals specific cultural, legal, and political barriers that hinder public support for RoN, including societal unfamiliarity with ecocentric ideals and an ongoing resistance to legal frameworks that prioritize nature's rights. This foundation helps illustrate why Rights of Nature remains an unfamiliar and often controversial concept in Europe, where environmental legislation predominantly supports human welfare and economic growth rather than advocating for nature's independent rights (de Lucia, 2015).
The challenges faced by public advocacy for Rights of Nature in Europe are examined in section four through the case of the Mar Menor Lagoon in southeastern Spain. This coastal lagoon, severely impacted by agricultural runoff and nutrient pollution, sparked public campaigns and regional support for its protection. Yet, despite these efforts, proposals to establish the lagoon’s legal personhood encountered substantial resistance. Opposition stemmed from concerns over economic interests, political inertia, and a general lack of societal awareness regarding RoN concepts (García Ruales, Hovden, Kopnina, Robertson & Schoukens, 2023; Guaita-García, Martínez-Fernández, Barrera-Causil, & Fitz, 2022).
In the fifth section, this paper advocates for a bottom-up, community-led approach to RoN in Europe, emphasizing the importance of decentralized solutions and public engagement as pathways to overcoming resistance. By fostering local awareness and encouraging grassroots movements, Europe may be better positioned to adopt Rights of Nature frameworks that reflect both ecological needs and societal values.
Through this analysis, the paper seeks to provide insights into the interplay between cultural ideologies, legal frameworks, and public perceptions that influence RoN's potential to reshape Europe’s approach to environmental protection.
The debate on whether nature should have its own rights has been carried out for decades, ever since the concept was introduced by Stone (1972). The intention has remained the same: protect natural entities within our anthropocentric world by using our own weapons. Although preserving the environment has become an even more urgent matter with the progressing loss in biodiversity, at the same time, legal instruments for its protection have evolved as well. This raises the question of the necessity of Rights of Nature. Were all those legal tools enforced in an effective and timely manner, would our environment be sufficiently protected from human interferences?
The current legal system, especially in European countries, is based on an anthropocentric view of the world. This grants natural entities protection only in their relation and worth to humans. Acknowledging nature’s inherent value might be a new innovative idea within western societies. However, it is a concept that has been practiced by indigenous peoples for a long time. Their ecocentric worldview has been eradicated from international and national law by colonialists (Guzmán, 2019). By introducing Rights of Nature in Europe, this ecocentric approach would be included in a legal system that is still based in a society in which anthropocentric views are deeply rooted. Despite the growing awareness of human effects on nature and the necessity to protect the planet as well as prevent further climate change, granting natural entities intrinsic rights would require a paradigm shift not only in European law systems but also in western societies (Peppoloni, 2024).
Since rapid action is vital for preserving our environment, it is questionable whether enough time remains for such a fundamental transition. Using and enhancing existing tools within the current system might be more effective. Therefore, the following article will show legal instruments already in place. As they are partly still lacking in their execution, room for improvement will be demonstrated, which would finally enable them to together provide sufficient protection for European nature. Namely, these tools include the Precautionary Principle, Human Rights, Nature Conservation laws and the possibility of litigation on behalf of the environment. These assessments will be made from a European point of view. It should be noted that analysing legal tools within other parts of the world rooted in different cultures might lead to divergent results.
Conclusion: In short, individuals play an essential role in monitoring the way in which State regulations are put into practice in relation to the protection of nature and, although civil society has proposed the recognition of RoNs, it cannot lose sight of the fact that the ideal and most effective mechanism to achieve this is through ex ante and ex post protection by the States and their respective Public Administration, for which a greater development of Administrative Law and the rate of compliance of its entities is required, which is directly related to the political will of the authorities, against which action can be taken. Finally, opting for the judicial route as the only mechanism for the protection of nature is insufficient; however, if this is used in conjunction with the demand to the Public Administration indicated in the previous point, better results can be obtained. For this, instead of creating new judicial processes or subjects of rights, it is recommended to use legal figures that already have a doctrinal and legal development that allow achieving the same objectives as quickly as possible in time, such as the jurisdictional protection of diffuse interests.
[AI generated:] This paper examines the development of arguments in favor of recognizing the rights of nature, particularly in the context of recent global social demonstrations supporting this paradigm shift. Despite the initial advantages associated with adopting this position, various theoretical and practical obstacles emerged during the argument compilation process. To ensure a clear and convincing argumentation, the position was divided into four key points. First, the legal possibility of this recognition is discussed from various philosophical theories. Next, the central role of NGOs and other environmental groups is highlighted. The third argument considers the practical perspective of judicial representation and general principles of law. Finally, an economic argument is presented that brings together the main concerns of many states in support of this paradigm shift. The arguments were developed with consideration of the key criticisms from the opposition, aiming not only to counter these questions but primarily to strengthen the position.
As global environmental challenges intensify, the concept of granting rights to nature has gained attention not only as an ethical imperative, but as an economically viable solution. In economic terms, the ecosystem services provided by protected areas are worth several hundred billion dollars a year (McNeely, 2020). Recognizing nature's rights – particularly for critical natural resources such as rivers and other water ecosystems – may create the foundation for sustainable economic growth, resilience, and long-term prosperity. In Europe, the argument for legal rights for nature could find support in factors such as improved resource management, reduction of environmental degradation costs (Darpö, 2021), stimulation of green industries (European Economic and Social Committee et al., 2020), and alignment with the European Union’s commitment to environmental sustainability (European Economic and Social Committee et al., 2020), which will be elaborated in this paper.
During the last decades, several actions have been carried out to try to reduce and even stop the repercussions of climate change, such as the creation of politics, laws, treaties and diverse mechanisms of action to ensure the care and protection of nature, however, such measures have not been enough to reduce the diverse types of impacts that the planetary ecosystem suffers.
Throughout this section, the integration of the ecocentric vision in the Law will be developed, with the main objective of recognizing the inherent rights of nature in Europe. This will be achieved through the use of existing legal and juridical figures, with special emphasis on Latin American latitudes, with the purpose of incorporating this modern advance of law in the European normative framework.
Granting Rights to Naturals Objects: The Future of Environmental Protection or Cultural Mismatch?
(2025)
Conclusion: To conclude, there is no doubt that humanity is currently facing a (man-made) climate crisis. Ecosystems are under increasing pressure and are changing rapidly (IPCC, 2023). Europe has a very extensive network of environmental laws and regulations that attempt to counteract climate change. However, it can be observed that these are not sufficient to solve today's environmental problems. Europeans show a high level of environmental awareness and dissatisfaction with current environmental policy. The insufficiency of environmental policies coupled with high environmental awareness in Europe is calling for a new approach to environmental protection.
The answer may lie in civic society: This article has demonstrated that Europe has a stable culture of committed citizens who fulfil their democratic responsibilities. Citizen movements have started to take inspiration from the Latin American examples and mobilize around granting rights to nature. The Rights of Nature initiatives that have emerged in Europe and the case of Mar Menor show that the concept of the rights of nature also fits into our European context and receives support. These actors already have influence as norm entrepreneurs: The study from Ireland shows that transnational networks such as The Community Environmental Legal Defense Fund are important norm champions for greater diffusion and effectiveness. The overarching goal is effective environmental protection, and from the above arguments it can be concluded that European civil society is dynamic, flexible and motivated to take the next step with more room for action to achieve direct environmental justice.
This chapter illustrates the interconnections between indigenous peoples’ rights, human rights, and environmental protection, highlighting their potential to reinforce each other within the context of the RoN. Through the case study of the Te Awa Tupua (Whanganui River Claims Settlement) Act 2017, the discussion examines the implementation of RoN in Aotearoa, New Zealand, its alignment with Māori legal and spiritual traditions, and the broader implications for the country’s environmental policy, justice frameworks, and decolonization efforts.
With a focus on the historical-political impact on the protection of the ecosystem, Prof. Dr. Nitschmann referring to Hsiao (2012) began with the Whanganui River case and used this example to show how law can be successfully used as an instrument for status quo conservation over centuries in favour of economic interests in an anthropocentric system, questioning during her reflections if a Rights of Nature concept is THE solution to actual environmental challenges.
This report summarizes the arguments presented by Prof. Dr. Milena Valeva during the second panel discussion, which was held in preparation for the planned simulated parliamentary debate of the students. The experts, Prof. Dr. Alexandra Aragão and Prof. Dr. Milena Valeva, shared their insights from the fields of political theory, environmental ethics, and human rights on the topic of Democracy, Rights of Nature (RoN) and social norm dynamics.
The basis for Valeva’s arguments was provided by the central claim of Aragão to emphasize the role of Environmental Pragmatism, which rejects the notion that effective environmental action requires a radical transformation of human value systems or adherence to one ultimate ethical principle. Instead, it promotes open-ended inquiry and adaptive democratic decision-making to navigate complex, real-world ecological challenges. The Paris Agreement, which employs a bottom-up and iterative approach, favoring flexible “pledge and review” systems, is celebrated as an embodiment of pragmatic climate diplomacy that fosters ambition through mutual accountability and continuous reassessment.
To further deliberate on this central claim, Valeva elaborated on the following two central questions, which refer to her paper titled “From Human Dignity and Human Rights to Sustainability within the Context of Democracy," published in Interdisciplinary Perspectives on the Interplay between Human Rights and Sustainability (Special Issue 2/2024).
* What are the limits of liberal democracy in dealing with sustainability and RoN?
* What is the potential of republican democracy for executing sustainability and RoN?
The theory of legal eco-innovation elucidates and streamlines the processes by which innovative legal actions contribute to driving the necessary transition towards sustainability.
The goal of the present study is to understand the need, the processes and the conditions for the legal acceptability of radical legal eco-innovation, taking RoN as an example.
In practice this means that the legal fiction of Rights of Nature should not be interpreted as an exoteric proposal of eccentric lawyers but rather as a wise and coherent legal eco-innovation initiative with a strong effectiveness potential in the European framework.
This issue presents the contributions of the participants of the international DAAD Blended Mobility Project “Giving nature its own rights - ethical and legal perspectives and the influence on the realization of selected SDGs” which took place in wintersemester 2025 at Trier University of Applied Science, Environmental Campus Birkenfeld (UCB) under the guidance of Prof. Valeva and Prof. Nitschmann and in collaboration with the Pontifical Catholic University of Peru and the University of Coimbra supported by Prof. Zegarra (PUCP) and Prof. Aragão (University of Coimbra).
The DAAD funded project used the concept of global education to strengthen students' democratic competences and social participation and integrates intercultural dimensions into teaching. Its content is in the context of Education for Sustainable Development (ESD) and is linked to the curricular content of the studies “Non-Profit Management”, “Environmental Economics and Environmental Law” and “Sustainable Business and Technology” at the UCB. As part of the project, students and professors from Peru and Portugal visited the UCB for a workshop week in the winter semester 2024/25.
Understanding and methods for interpreting the global agenda of the UN regarding the SDGs were developed within the framework of this ESD project. Students worked together in teams virtually and in person under the guidance of experts to critically evaluate existing anthropocentric systems and their imbalances and to develop strategies for overcoming the challenges of an ecocentered approach for the law and the system in general (institutions, companies, civil society).
Ahead of the mobility phase and the technical content on the SDGs and diverse Rights of Nature (RoN) perspectives, language and culture were key themes in the two virtual kick-off events. This approach made it possible to raise transcultural and ecological awareness and thus paves the way for interdisciplinary knowledge building in teams. The intense mobility week started off with creating international mixed teams which were the work groups for the whole week. Input was given by experts within moderated panel discussions referring to different perspectives such as ethics and society and law and culture.
The project focused on the Hunsrück-Hochwald National Park as a natural entity and local example, serving as a starting point for case studies from selected countries to provide a broad basis for interpreting SDGs 13, 14, 15, and 16. Students were introduced to the biodiversity of the park by an expert ranger and used it as an experience-oriented and stimulating place to experience the intelligence of nature.
To perform a well-prepared simulated parliament debate, four internationally composed teams were defined, whereby a particular real case study in the area of RoN was assigned to two teams. The preparation of the debate included the assignment of the debate’s roles to the team’s members and clarification of the functions of the given roles. The material preparation included research for and discussion about the relevant information, and the training of the argumentation scenarios. They prepared themselves or two possible scenarios: confirmation of the launching of RoN or rejection of it. The two case studies were defined as follows:
1. Grant legal rights to the Maranon River, demanding its protection as a rights-bearing entity, now!
2. Grant the status of a subject of rights to the little fox “Run Run”, now!
The debate concept allowed the students to transfer their theoretic knowledge in practical skills and thus contributes to the learning outcome of defending democratic values by contributing actively in democratic processes. With the idea to perpetuate the outcome of the project this issue publishes the student works related to the final debate and is completed by professors’ perspectives.
Content:
CHAPTER 1 – Theoretical Impulses and Panel Discussions within the DAAD Rights of Nature Project 2024 (Report)
Alexandra Aragão:
Foundations for a theory of radical legal eco-innovation: the paradigm of Rights of Nature
Milena Valeva:
Panel Discussion on Democracy, Rights of Nature and Social Norm Dynamics
Kathrin Nitschmann:
Researching the problem: Would an Rights of Nature Concept be THE solution?
Nina Giordano:
The Te Awa Tupua Act: How Nature’s Legal Standing Strengthens Indigenous and Human Rights
CHAPTER 2 – Part I – Case Study: Granting legal rights to the Maranon River as a rights-bearing entity
Lynette Annau:
Granting Rights to Naturals Objects: The Future of Environmental Protection or Cultural Mismatch?
Jesus Bernal:
Anthropocentrism – an Obstacle to the Protection of Nature
Malika Arstan:
Economic Advantages of Granting the Rights of Nature
Claudia Rocio Crespo Chavez:
Is Europe Ready to Embrace the Recognition of Nature’s Rights?
CHAPTER 2 – Part II – Case Study: Granting legal rights to the Maranon River as a rights-bearing entity
Ana Murhiel Diaz Aguilar:
Going to the Court doesn’t ensure that the environment will be protected
Lilly Roth:
Legal Instruments to Protect the Environment outside of Rights of Nature
Tobias Becker:
Public Support and Challenges in Recognizing the Rights of Nature: A European Perspective
Maria J. Paixão:
Legal Fetishism in Times of Polycrisis
CHAPTER 3 – Part I – Case Study: Granting a Status of a Subject of Rights to the Peruvian Little Fox “Run Run”
Jamie Moser:
The Case of Run Run and the Emergence of a Nature – Centered Legal Framework
José Heleno P. Vanzeler:
Ecological Awareness and the Power of Law in Realizing the Rights of Nature
Roya Qazen:
From the Rights of Man to the Social Contract for Geoethics toward the Rights of Nature
Amanda Erin Regalado Romero:
Foundations for the recognition of the Rights of Nature in the European Union
CHAPTER 3 – Part II – Case Study: Granting a Status of a Subject of Rights to the Peruvian Little Fox “Run Run”
Ronald Sebastián Yaipén Polo:
The Rights of Nature: The Answer to a Poorly Framed Debate
Maria Eduarda Terra e Zeitune:
Economic Challenges and the Rights of Nature: A Conflict Between Sustainable Growth and Environmental Conservation
Yannick Wagner:
Culture matters – Why the Rights of Nature don't fit the European Union
Epistemological Implications of a System — Theoretical Understanding for Sustainability Models
(2025)
In the sense of the Sustainable Development Goals (SDGs), global efforts to create a sustainable society will not be sufficiently successful under the current geopolitical and socio-economic trends. For this reason, recent sustainability research has increasingly focused on systemic coherence, the subject of cognition, and psychological and epistemological aspects. With regard to the sustainability discourse, this article proposes a perspective based on systems theory's findings in its enactivist interpretation. It understands this as a joint process of sense-making that must be actively maintained on an ongoing basis. Scientific knowledge and human experience are not described as mutually exclusive and informing spheres but as part of the world of experience actively spanned by the organism in its self-execution, which inherently involves ambiguities and complexity reductions that leave the subject and object undetermined. Such an understanding of systemic thinking should help to prevent the process of sustainable development itself from being called into question when some goals are inevitably missed.
The paper aims to review FinTechs' landscape in the context of their impact on countries' sustainable development reflected by SDG goals. The systematic literature review (SLR) applied the PRISMA methodology. It proved the worldwide systematically increasing scientific interest in surveying FinTechs and their contribution to SDGs' achievement. This trend has not yet been observed in Europe. Only a few papers directly refer to the relationship between FinTechs' and SDGs' achievement in European countries. Most of the research is qualitative. The topics range from conceptual framework to specific accomplishments of FinTech projects undertaken mainly by governments. They mostly refer to poverty alleviation through financial inclusion. The results of the systematic review of scientific research have shed light on the existing academic literature embracing both FinTech and SDGs issues, explored emerging trends in current research, and identified the main areas for further investigation.
Prologue
(2024)
Does the legal eradication of illicit crops in Colombia negatively impact the human rights of rural social groups living in the surrounding areas? Furthermore, can political and legal experiences of Germany contribute to this discussion? If you find these questions compelling, please keep reading. Through a set of papers, this section addresses the intricate relationship between human rights and the various policies that Colombian governments have implemented over the last few decades to eradicate illicit crops, in particular the coca plant.
This article aims to provide a concise yet comprehensive overview of the evolution of human rights and the Sustainable Development Goals (SDGs), tracing their historical development to the ongoing monitoring initiatives today. As we delve into the core of the discussion, a critical examination will be conducted to assess the alignment between the SDGs and human rights. The focal point will be a nuanced exploration of whether these two frameworks are in sync or if there are discernible deviations and potential conflicts of goals between them. To facilitate a more in-depth analysis, the SDGs will be systematically categorized into distinct clusters, enabling a clearer illustration of their compatibility or divergence from human rights principles. By breaking down the SDGs into specific thematic areas, we aim to shed light on both the areas where alignment is evident and those where disparities with human rights may exist. This comparative approach seeks to enhance our understanding of the interconnectedness and potential tensions between the SDGs and human rights. Moreover, the exploration will not only highlight the points of convergence but also delve into the complexities of ensuring a harmonious coexistence between these two vital frameworks. By examining the interplay of human rights principles with the diverse goals encapsulated within the SDGs, this article endeavors to contribute to a nuanced understanding of the broader implications for global development and social justice. In summary, this expanded article aspires to offer readers a more detailed exploration of the interrelationships between human rights and the Sustainable Development Goals, navigating through the clusters of SDGs to unveil areas of agreement and potential divergence. Through this analysis, we seek to foster a deeper appreciation for the complexities of aligning diverse global goals with fundamental principles of human dignity and equality.
The following article is intended to provide an initial overview about the relationship between the United Nations Sustainable Development Goals of 2015, as well as their Universal Human Rights of 1948, and catholic healthcare in the United States of America. The aim is to show why Catholicism in the US, despite its constitutional secularity, still has a major influence on ensuring adequate health care for all citizens and where religious influence conflicts with the basic principles of the SDGs and the UN's Universal Human Rights. This is done using the example of catholic hospitals and the role of Catholicism in the field of public health.
The goal of this contribution is to provide an overview of the conceptual connections between the constructs of human rights, sustainability, and democracy, emphasizing the historically significant role of human dignity. This overview serves as an overarching introduction to the students’ articles in Chapter One, which explore selected relationships between these concepts. One main assumption of this overview is that the concept of human dignity is central to the institution of human rights, and human rights are instrumental in ensuring human dignity. Another key assumption relates to democracy, which is viewed as the framework for shaping human dignity, human rights, and sustainability. This article first focuses on the relationship between sustainability and democracy. It then analyzes the links between human dignity and human rights, followed by a discussion on the connections between human dignity and sustainability, and between human rights and sustainability. Finally, it concludes with an examination of the triangle formed by human dignity, human rights, and sustainability within the context of democracy, emphasizing the crucial roles of human agency and the rights of nature. Clarifying these links is essential for future empirical research to develop specific practical recommendations for sustainability transformation, including human rights, within a democratic context.
Already more than 50 years ago, against the backdrop of the "earth science" findings of the time, voices could be heard in the legal literature expressing concern about the planet's carrying capacity, calling for consistent political rethinking and action and explicitly questioning consumer behavior and the ongoing pursuit of economic growth. The realization that the limits of environmental resources must be respected, and that growth must be shaped effectively within this framework has therefore been omnipresent not only since the "Our Common Future" report by the "World Commission on Environment and Development", or "Brundtland Commission" for short, in 1987 (United Nations General Assembly, 1987). Nevertheless, the current planetary status quo shows that the era of environmentally friendly economic development has by no means been effectively ushered in since then; on the contrary, implementation deficits or a lack of effectiveness of environmental protection measures against the excessive use of ecological resources are to be deplored. The demand for an ecological transformation of society is one of the most urgent on the political agenda and continues then as now, albeit partly with new terminology, at the level of jurisprudence: Currently, it is discussions about intertemporal freedom rights, nature's own rights and the greening of law that dominate the picture. However, the demand for ecologically oriented protection of fundamental rights is not new: the idea of protecting nature from excessive human behavior - also with a view to the generations of tomorrow and their chances of realizing a life in freedom in the future - is reflected not least in the precautionary principle, which is internationally recognized as a legal principle. Its ecological potential will be briefly explored below, culminating in an overview of constitutional tendencies towards an ecologically oriented protection of fundamental rights from a German perspective. This overview at the same time serves as an introduction for selected legal, ethical and social aspects of case studies in Latin America done by students in the context of a Human Rights interdisciplinary seminar in Wintersemester 2023/2024.
The achievement of sustainable development hinges on safeguarding the environment, preserving natural resources, and fostering economic growth that is intricately linked with responsible resource utilization. In simpler terms, sustainable development is contingent upon maintaining environmental sustainability. Conversely, Goal 16 of the 2030 Agenda for Sustainable Development emphasizes the need for global peace, justice, and robust institutions, aiming to uphold the rule of law and facilitate access to justice on a worldwide scale. Addressing environmental conflicts is an integral facet of environmental sustainability and a crucial component of ensuring access to justice. The escalating environmental challenges stemming from the relentless growth of the global population and the insufficient global adoption of renewable energy resources have significantly impacted the environment, leading to a corresponding surge in environmental conflicts. Given the considerable diversity in the judicial systems of nations worldwide and the often inefficacious nature of these systems, there arises a pressing need to reconsider and reconstruct effective alternative dispute resolution mechanisms, especially concerning their role in environmental conflicts. However, it is essential to acknowledge that Alternative Dispute Resolutions (ADR) come with their own set of barriers and drawbacks. This paper delves into a comprehensive examination and analysis of the role played by ADR methods in addressing environmental disputes. It assesses the effectiveness of these methods and conducts research to identify the factors that contribute to their success or failure.
The challenges and opportunities of liberal democracies in promoting international value systems
(2024)
In 1948, the United Nations proclaimed the Universal Declaration of Human Rights as a guideline for the protection of human rights. Not legally binding, the declaration represents an ideal that must be promoted by those who are committed to it. Among other amendments adopted since 1948, in 1998 the General Assembly passed a declaration seeking to strengthen the responsibility and right to protect human rights. "Stressing that all members of the international community shall fulfill, jointly and separately, their solemn obligation to promote and encourage respect for human rights and fundamental freedoms for all" (UN General Assembly, 1998,) this declaration is one of the central starting points of this paper. The Universal human rights formed the basis for many subsequent international treaties and agreements, one of the most recent being the 2030 Agenda with the SDGs. The legal situation of these agreements differs greatly in terms of their binding nature and enforceability. These issues will be examined in more detail in the following parts of this publication series. However, it should be noted here that successful implementation of the written goals requires voluntary debate and implementation. In today's multicultural, international context, some countries have significantly higher financial as well as social capital to fulfill these responsibilities. Based on the assumption that many of the existing liberal democracies fulfill these criteria of higher capacities, which will be discussed again in the course of the data analysis, this paper attempts to answer the question of what special responsibilities but also what opportunities are offered in this particular position.
To begin with, the current data situation will be examined in more detail. The focus here is on the international comparison of various reference values that are relevant to the issue at hand. First, we will take a brief look at the Human Rights Index (HRI), as processed by Our World in Data, what characteristics it has in international comparison and what questions and challenges can be derived from it. We will then take a look at the 2023 Sustainable Development Report (SDR). Here, again, we will try to recognize certain patterns in the international comparison. In a second step, we will link the progress of the individual countries with the respective income level, as already shown in the SDR. In addition, we include the Democracy Index, published by The Enonomist, in our data analysis. In the final step, we use all the data to build an overall picture that allows us to see the progress of global development in our area of interest and the associated challenges. In the following step, the results of this data analysis will be combined with further research findings and the question of the responsibility of liberal democracies in an international context. The challenges but also opportunities and possible benefits of promoting human rights and SDGs will be examined in more detail. Before concluding, we will try to generalize our findings to paint a picture of the inherent resilience of human rights and SDGs.
In recent years, a paradigm shift in environmental ethics has given rise to a groundbreaking concept granting legal rights to nature itself. As the global community grapples with escalating environmental challenges, select nations have taken unprecedented steps to acknowledge nature as a subject with inherent rights, transcending the conventional view of the environment as mere property. This term paper dives into the evolving landscape of environmental jurisprudence by exploring the inclusion of nature's rights in the constitutional frameworks of Ecuador, Bolivia, New Zealand, Colombia and India. Through a comparative analysis of these distinct cases, we unravel the diverse approaches these countries have adopted to recognize and protect the rights of nature, examining the legal, cultural, and ecological implications of this transformative concept. From the constitutional enshrinement of Pachamama's rights in Ecuador to the legal personification of the Whanganui River in New Zealand, this paper sheds light on the global movement for the rights of nature and its potential impact on environmental conservation and societal harmony.
This paper delves into the human right to an adequate standard of living, a fundamental principle articulated in the Universal Declaration of Human Rights (UDHR). The specific context under examination is the livelihood of artisanal Peruvian fishermen. The inquiry centers on understanding the prevailing standard of living for these individuals and exploring avenues for its optimization in harmony with both the environment and legal frameworks. In particular, this paper aims to identify and propose solutions for enhancing the living standards and working conditions of artisanal Peruvian fishermen, aligning with the principles of human rights, environmental sustainability, and legal compliance.
The paper, written by Maxi-Mercedes Jahn, is in particular about the use of glyphosate as the unique pesticide product provided for aerial aspersion. She discusses the forced eradication of more than 800 thousand hectares of coca in Colombia in 10 years, between 2012 and 2022, while discussing the reasons behind an increase in cultivation during this period. Circumstances may be dynamic, but the lack of state presence and for an effective land distribution have been some of the determinants to this problem. In 2019, drug trafficking revenues reached 31 billion of Colombian pesos, or 2.9 percent of the GDP. The business has remained healthy and thriving. Yet, the glyphosate supporters remain firm. Literature review reveals a lack of significant scientific debate on the efficacy of glyphosate as the best method for eradicating coca plantations. The use of glyphosate raises not only environmental concerns but also geopolitical issues, affecting conflict resolution and peacebuilding attempts. Coca cultivation is a viable business, it offers benefits such as more frequent harvests and reliable markets, enabling farmers to improve their income and living conditions in a relatively short term. Unlike other crops, coca does not require formal and legal export market. For example, while 14 kilos of Chontaduro (palm tree fruit) earn about 30 thousand Colombian pesos, a kilo of coca paste can cost 2 million pesos. This disparity highlights why substitution schemes are ineffective when drug revenues far exceed legal alternatives. The author’s insights into these often-overlooked factors contribute significantly to the discussion. She also addresses the Colombia-FARC peace agreement, which included comprehensive crop substitution policies, but progress has been minimal. It can even be said that increase in coca cultivation directly correlates with unmet agreement commitments. As well as other issues that are highlighted in the paper. The author notes that cartels have developed new methods to produce more cocaine with fewer plants, complicating government efforts. It also discusses the impact of technological advancements and the political complexities behind eradication policies. Back to the glyphosate issue, which it thorough in the paper, it mentioned that glyphosate negatively impacts that are usually not reported in mainstream media, like destroying soil organisms such as bacteria, fungi, and mycorrhizae, which are crucial for soil health and fertility. Farmers have reported adverse effects from glyphosate, including skin irritations that lead to permanent scars and vision problems. Reports also indicate that some farmers were mistakenly targeted during glyphosate applications, leading to the loss of their crops and livelihoods. This discussion underscores how the use of glyphosate, while intended for public health purposes, infringes on human rights and affects the lives of those in the impacted areas. Finally, the author makes a really interesting survey through the German Basic Law referring a few lessons for the Colombian case. The constitution orders the state to protect natural resources and life through prevention of harm, defense against threats, and risk assessment. The author highlights the balloon effect, linking deforestation, cattle ranching, coca production, violence, and displacement. More interestingly, she describes how glyphosate use exacerbates soil exhaustion and raises agricultural costs due to increased fertilizer and pesticide use. Additionally, she provides compelling information stating that spraying one hectare of coca can cost more than 50 thousand Colombian pesos, suggesting deeper issues, such as the influence of glyphosate producers in the overall transaction. The author concludes that broader goals of social justice, environmental stewardship, and sustainable rural development are needed. However, the discussion leaves unresolved questions about the environmental impact of glyphosate use. It emphasizes that the relationship between communities and their environment is complex, involving diverse, interdependent processes that go beyond the immediate effects of eradication efforts.
In the article, Cara-Maxine Heyd examines the complex relationship between USA war on drug policies and their impact on human rights for Colombia. It reflects on today’s relevance of the Universal Declaration of Human Rights (1948) as a framework for identifying and defining human rights. The article briefly addresses the use of glyphosate against coca plantations and the Colombia-U.S. Free Trade Agreement. It presents data on the historical growth of coca plantations and describes the affected social groups and regions, including peasant communities and deforested areas. She examines how various strategies to control coca cultivation, including aerial spraying with glyphosate, have impacted human rights, particularly the right to adequate living conditions. The use of glyphosate has affected over 100 thousand hectares, impacting numerous social groups, including landless peasants, indigenous peoples, and displaced communities by the internal conflict. The negative effects extend beyond health and livelihood, exacerbated by the illegality and social stigma associated with coca cultivation, which complicates institutional responses. Subsequently, the author explores how several human rights are impacted by eradication schemes related to coca cultivation. For the right to work, peasant growers, as the initial link in the cocaine value chain, face significant challenges. Government plans should focus on creating alternative job opportunities and supporting transitions to other products, including setting minimum wages and providing basic access to institutional benefits. Similarly, the right to food is compromised as new generations of peasants, born during the coca boom, have neglected traditional farming practices, leading to a loss of traditional agricultural practices and techniques agricultural. For the right to health and human dignity, glyphosate use exacerbates health issues and impacts non-coca crops, affecting food sovereignty and security. The author notes that glyphosate, classified as “possibly carcinogenic” by the World Health Organization, has been controversially used due to political rather than scientific evidence, which could trigger a humanitarian crisis. Lastly, the right to cultural life is affected by the marginalization of traditional coca use, which holds significant traditional and spiritual value in the Andean region. Traditional practices must be aligned to modern policies. This article also discusses the German constitutional right to a minimum subsistence level, which is consistent with human dignity. She explains the rationality behind this assimilation and provides context, also demonstrating how doctrine development and research conducted in different geographies can enhance the rights’ scope of protection. Therefore, coca peasants should be acknowledged as victims? The author response to this question from the decent standard of living perspective, offering an interesting approach to this communities’ situation. The author’s literature review and institutional sources detail the ambiguous legal status of coca globally and critique the reward-based system. She left several open windows to continue the investigation about where this situation is taking Colombia and the International community.
With her paper "Artisanal fisheries in circumstances with political framework and co-management" Dorothea Hensing discusses the high productivity of pelagic fish in the Humboldt Current Large Marine Ecosystem (HCLME) and how it is impacted by factors such as acidification and oxygen depletion due to global warming. This ecosystem, rich in marine life, faces significant challenges exacerbated by extreme weather events like El Niño and La Niña, profoundly impact the livelihoods of artisanal fishermen, creating economic instability. Despite these adversities, artisanal fisheries remain crucial contributors to Peru‘s GDP. However, their sustainability and financial stability are compromised by various factors, including the lack of institutional support and the prevalence of informal practices within the industry. Informality permeates aspects such as labor relations and vessel construction, consequently affecting workers' rights, their financial stability and rendering them vulnerable. Fishing communities, such as the one in Chorillos, are complex socio-ecological systems reliant on social capital, but they are susceptible to external influences. Political dimensions further complicate the scenario, necessitating the establishment of effective co-management mechanisms, artisanal fisheries' inclusion in decision-making processes, a comprehensive understanding of ecosystem threats, and policy reforms to address informality. The author demonstrates the importance of strengthening governance and decision-making processes to address institutional flaws and protect the marine ecosystems and livelihoods of artisanal fishermen in Peru.
When we want to understand why the laws of nature and nature itself are currently in such bad condition, we need to look at our way of seeing the world. When we want to stop the rapid deforestation, climate change, mass extinction, and other catastrophic impacts we have on our environment, we need to figure out at what time and why they started. There are fundamental differences between an anthropocentric worldview, where humans are above all other species, and an animist worldview, where humans are a part of nature. Due to people acting accordingly to their perception of the world, we need to understand why these perceptions differentiate so much and why people from the imperial core, respectively, the exploiting countries, think in a hierarchical pattern. Our disconnectedness from nature has reached a shocking extent. People living in big cities see nothing but concrete and cars; the plants they have in their homes are made out of plastic; and the only time they see animals is when they go to a zoo, where they are crammed in little enclosures and alienated from their natural habitat. Children growing up these days spend more time watching ads on TV or social media than they spend in nature. No wonder that many people know more brands than tree species, despite the fact that just one of those two keeps them alive. It is high time to question this development and to ask ourselves how we ended up here. Interestingly, there are still elements of a human-nature relationship visible in our modern capitalist society. Some people see their dog or cat as part of the family and talk to them; others care for plants as well as they do for their own children. And even in movies, a world is a portrait where the birds talk to the people and plants are alive. Therefore, the idea of nature being alive rather than just some material resource still prevails in our subconscious and in our fantasy to this day. The first part of this paper portrays our current perspective on nature and how it developed. From Plato’s Allegory of the Cave to the scientific revolution initiated by Francis Bacon and the dualism founded by Descartes, many theories influenced our perception of the world. The term Anthropocene is widespread, but it is rarely discussed or narrowed down when used. It will be discussed and elaborated on how the rise of capitalism is related to the accelerating exploitation of nature. The second part is about defining animism, the initial view of humans as a part of nature, which is still prevalent in indigenous culture. Cartesian dualism will be challenged, and other philosophical theories will be examined. The concept and theory of ecological feminism are going to be introduced, and the underlying analyses will be conducted in the context of animism. Our perception of nature will be debunked, and strong advocacy will be made for a more sustainable human-nature relationship.
Over forty years ago, physicist and deep ecologist Capra indicated: "Ecosystems sustain themselves in a dynamic balance based on cycles and fluctuations, which are nonlinear processes. Linear enterprises, such as indefinite economic and technological growth will necessarily interfere with the natural balance and, sooner or later, will cause severe damage. Ecological awareness, then, will arise only when we combine our rational knowledge with an intuition for the nonlinear nature of our environment. Such intuitive wisdom is characteristic of traditional, non-literate cultures, [...] in which life was organized around a highly refined awareness of environment." Since then, natural ecosystems are being pushed beyond their limits with human societies confronting unprecedented challenges like climate change, species extinctions and pollution. Various approaches like ecological restoration, conservation, renewable energies and car sequestration have been deployed to tackle the global ecological crisis. Yet, a crucial element remains largely overlooked: integrating local and traditional ecological knowledge as well as indigenous perspectives with modern western science to foster environmentally sustainable solutions. This student research paper explores how the concept of traditional ecological knowledge is defined in science, law and policy literatures and what contribution place-based communities such as the artisanal fishery of Chorrillos can serve for improving cooperative environmental and natural resources management. The method applied aims to evaluate existing literature, synthesizing ideas, and critically analyzing the status quo. Subsequently, the paper will provide recommendations for integrating ecological traditional knowledge in legal frameworks and practice through sound policy aimed at sustainable development.
Coca Cultivation in Colombian Economy – Considering the 2007 US-Colombian Free Trade Agreement
(2024)
According to the overarching theme "Should something happen somewhere else that we don't want to have here?", this research paper deals with the extended question "How does the 2007 free trade agreement between Colombia and the USA affect the situation in Colombia?". Focusing on the aspect of coca cultivation this paper is framed by the question of projecting the situation in Colombia onto the situation in Germany. Universal human rights are the unifying force between Colombia in Latin America and Germany in Central Europe. Through the United Nations Declaration, these rights have universal validity regardless of national or ethnic affiliation. These rights apply to all countries of the world, including Colombia. The situation of the population regarding the economic and ethical components is illuminated on the basis of coca cultivation. Starting with the topic of coca cultivation, the challenges and interests by groups of people involved are described. The Colombian economy is then examined in order to classify the importance of this topic. The topic of the "free market" is a very relevant one, particularly regarding the economic component and can be supported by free trade agreements. This means that the domestic economy is not only restricted to its own sales market without regulation but is also largely extended to other partner countries. In terms of market liberalization, this would also be relevant for coca distribution. Thus, opening to other markets at the direct level is an export opportunity, but also at the indirect level. Exports can also be expanded via third countries. However, national governments are also responsible for this process. Therefore, this paper also explains the role of Colombian politics in coca cultivation, as it has a significant role in the cultivation and trade of the coca plant as well as in external economic relations. Furthermore, the paper attempts to construct a possible solution to improve the living situation of the people in Colombia. The factors of the economy, politics, foreign policy and the relationships between the individual actors are considered in order to arrive at a solution that is as balanced as possible, taking into account the norms of human rights.
Rights for Nature in Germany
(2024)
In the last decades, the development of the rights of nature has become a significant issue in various parts of the world. This emerging approach views nature not only as a resource for human use, but as a value in its own right that must be protected and respected. Over the last years the discussion about a rights for nature have also increased in Germany. This paper takes a look at the current state of the debate on natural rights in Germany. The first part gives an overview about the current status of natural rights all over the world. The second part deals with the rights of nature in Germany and how these have developed in recent years, for example through the citizens' initiative in Bavaria, which addresses the rights of nature and makes them the subject of a referendum. The third part deals with the decision of the Federal Constitutional Court. This decision in March 2021 on the issue of climate protection marked a significant milestone in the context of the global climate crisis and finally the class action lawsuit.
The following collection of manuscripts emerged from an international and interdisciplinary Virtual Exchange that took place during Covid-19 Pandemic in March/April 2021 organised by Prof. Milena Valeva and Prof. Kathrin Nitschmann. Covid 19 had -and still has in parts of the world- led to severe restrictions of fundamental liberties worldwide and thus enhanced debates on ethics and human rights. This debate appeared as a common denominator connecting citizens in countries all over the world. One of the concrete consequences for students was certainly the reduction of mobility, not only in the sense of not being allowed to visit the university but also in canceling planned international exchanges. In this context, the virtual exchange offered a chance not only to overcome the still lasting restrictions on mobility but also to exchange daily life experiences of students in Covid-times, merging into restrictions and/or violation of human rights in a legal and ethical dimension. Students from Peru, Israel and Bulgaria participated in the virtual exchange, which was supported by the International Teaching Award of Trier University of Applied Sciences, within the frame of of a summer school and had the opportunity to work synchronously and asynchronously in international and interdisciplinary teams on the topic COVID-19 - ETHICAL DILEMMAS AND HUMAN RIGHTS - EXPLORING INTERNATIONAL DIMENSIONS. Colleagues from Cape Town, Peru, Spain and Israel supported the event by their professional presentations. This special issue and at the same time first issue of the JOURNAL OF INTERNATIONAL AND DIGITAL COMMUNICATION: SUSTAINABILITY PERSPECTIVES is a collection of the manuscripts of the speakers, which at the same time reflects the diversity of the topics discussed and the international perspectives. Since this is a compilation of manuscripts, the authors were responsible for the scientific formulation of the texts.
Content:
Letlhokwa George Mpedi:
Freedom of trade, occupation and profession in times of the COVID-19 pandemic in South Africa
Larissa Glidja-Yao:
Impact of COVID-19 on company & insolvency law: An overview of Luxemburgish responses
Kathrin Nitschmann:
On the development of compulsory vaccation in Germany in the interplay between general health protection and individual self-determination - a never-ending story?
Diego Zegarra Valdivia:
The use of technological tools in the fight against COVID-19 & its implications on the fundamental right to the protection of personal data - an approach
José Joaquín Fernández Alles:
Human rights in the new pact on migration on [and] asylum of European Union: An open society or closed society
Milena Valeva & Yotam Lurie:
Spinning ethical plates in times of pandemic and sustainability
The following collection of manuscripts emerged from an interdisciplinary virtual exchange held during the Winter semester of 2023/2024 at the Environmental Campus Birkenfeld, organized by Prof. Dr. Milena Valeva and Prof. Dr. Kathrin Nitschmann. Additionally, Prof. Dr. Héctor Bombiella Medina, a lecturer of anthropology in the Department of World Languages and Cultures at Iowa State University, contributed to the virtual exchange and supervised case studies 3 and 4, bringing his extensive experience in this field and facilitating the international exchange. Within the elective module on Human Rights, students from the Bachelor's programs "Nonprofit and NGO Management" and "Environmental and Business Law," as well as the Master's program "Energy and Corporate Law," explored the interconnections between human rights and sustainability.
In an era marked by unprecedented environmental challenges and profound social transformations, the intersection of human rights and the rights of nature has emerged as a critical area of inquiry and debate. Today, as we face the dual crises of climate change and biodiversity loss, the traditional boundaries between human and environmental rights are increasingly blurred. This confluence demands a fresh, interdisciplinary approach to understanding and addressing the complex and interrelated issues at hand. Human rights, fundamental to the dignity and freedom of individuals, are deeply impacted by environmental degradation. Communities worldwide are experiencing firsthand the devastating effects of polluted air, contaminated water, and deforested landscapes, all of which undermine basic human rights to health, livelihood, and well-being. Conversely, recognizing the rights of nature — the intrinsic value of ecosystems and species — challenges us to reconsider our legal, ethical, and philosophical frameworks. It calls for a paradigm shift from a view to one that embraces the interconnectedness of all life forms. Engaging in robust discussions and research on these topics is essential in today's context. By exploring interdisciplinary perspectives, we can forge innovative solutions that honor both the rights of individuals and the integrity of nature. This special issue aims to contribute to this vital discourse, providing insights and fostering dialogue on how we can collectively navigate the complex landscape of human rights and environmental sustainability.
The first chapter „Human rights and SDGs in the context of democracy“ examines the significance of international human rights in today's context and links them to new value systems like sustainability. The second chapter, the case study „Rights of Nature“ explores the concept of granting legal rights to nature itself by comparing laws from various countries to show how it combats environmental exploitation. The third chapter, the case study „Traditional coca leaf consumption and drug trafficking in Colombia“ delves into the complex issues surrounding coca cultivation in Colombia, highlighting its economic, social, and political impacts. The fourth chapter, the case study „The artisanal fishing community of Chorrillos, Peru“ aims to provide theoretical insights and recommendations for improving the livelihoods of artisanal fishing communities in Peru, considering legal, ethical, and environmental perspectives as well as how economic liberalization, privatization, and deregulation affect the community's socio-economic conditions.
Content:
CHAPTER 1 - Conceptual: Human rights and SDGs in the context of democracy
Milena Valeva:
From Human Dignity and Human Rights to Sustainability within the context of Democracy
Yannick Sebastian Wagner:
The relationship between the SDGs, human rights, and Catholicism in the United States, on health-related issues
Christine Wetter:
Comparison of Human Rights and Sustainable Development Goals
Jacob Mayer:
The challenges and opportunities of liberal democracies in promoting international value systems
Pauline Nicolay:
Effective conflict resolution through ADRs: opportunities, challenges and applications in different contexts
CHAPTER 2 - Case Study: Rights of Nature
Kathrin Nitschmann:
Ecology and the protection of fundamental rights: status quo and development potential in the light of the precautionary principle"
Johannes Hagemann:
Decoding the Environmental Crisis: A Historical Analysis of Human-Nature Relationships
Sahar Mallak:
Rights for Nature in selected states
Nergiz Dogan:
Rights for Nature in Germany
CHAPTER 3 - Case Study: Traditional coca leaf consumption and drug trafficking in Colombia
Héctor Andrés Bombiella Medina:
Prologue
Cara-Maxine Heyd:
Affected Human Rights by the destruction of coca plantations
Maxi-Mercedes Jahn:
Glyphosat[e] use in line with the peace policy Colombia
Daniel Förster:
Coca Cultivation in Colombian Economy – Considering the 2007 US-Colombian Free Trade Agreement
CHAPTER 4 - Case Study: The artisanal fishing community of Chorrillos Peru
Dorothea Hensing:
Artisanal fisheries in circumstances with political framework and comanagement
Nina Giordano:
Traditional ecological knowledge – a key element of sustainable development
Yasmin Krami:
Strategy to promote the Human Right to an adequate standard of living for Peruvian artisanal fishers according to Article 25 of the Universal Declaration of Human Rights
Since the beginning of 2023, the so-called reusable packaging obligation has been in place in Germany in order to reduce the amount of waste from takeaway packaging. Catering companies will then be obliged to offer reusable packaging as an alternative to disposable plastic takeaway packaging. As part of the pilot project ‘Mehrweg Modell Stadt’ (‘Reusable city model’), an open infrastructure for reusable cups is in trial in Mainz and Wiesbaden. The project was subjected to a scientific monitoring process, which included the implementation of quantitative surveys among various stakeholders within the value chain, namely consumers, catering companies, and other companies engaged in the project. This was conducted over two time periods: August 2023 to September 2023, and February to March 2024. The results show a discrepancy between consumers’ attitudes and their actual behavior: Despite a high level of sustainability awareness and perceived positive benefits of reusable packaging, perceived barriers stand in the way of actual use. The biggest challenges for companies are the lack of consumer demand, practical handling and hygiene requirements. The results of this quantitative social research provide important insights for the development of targeted measures to promote the use of reusable packaging in takeaway catering and contribute to the discussion on closing the attitude–behavior gap along the entire value chain.
More and more universities are recognizing their role model and creative function in society and are acting accordingly - also in terms of mobility. In this way, universities can make an important contribution to climate protection, as mobility is responsible for more than 20 percent of global greenhouse gas emissions. The GreenMetric ranking also takes the area of mobility into account via the Transportation category, which is weighted at 18%. This paper uses the example of the Environmental Campus Birkenfeld at Trier University of Applied Sciences, Germany, to show what opportunities universities in rural areas have to reduce transportation-related emissions of students and employees. The possibilities of avoiding transportation as well as different solutions for the reduction of transportation-related greenhouse gas emissions are discussed. Furthermore, conflicts of objectives inherent to the university system in the area of mobility are considered, especially in the area of internationalization.
In der seit 2009 andauernden Niedrigzinsphase ging der Anteil der Kapitaleinkommen am Volkseinkommen zurück. Da sich der Anteil des Faktors Arbeit nicht wesentlich veränderte, gewann der Produktionsfaktor Boden an Bedeutung. In der Volkswirtschaftlichen Gesamtrechnung spiegelt sich dies jedoch nicht wider, da der Boden dort nicht gesondert ausgewiesen wird. Mithilfe des Henry-George-Theorems wird versucht, eine Methode zu entwickeln, die den Anteil des Faktors Boden quantifiziert. Der explizite Ausweis des Bodeneinkommens in der Volkswirtschaftlichen Gesamtrechnung könnte dazu beitragen, die Rolle dieses vernachlässigten Faktors zu korrigieren.