Rights of Nature in Action: An Analysis of Laws in Ecuador

<p dir="ltr">Context: The keen interest in the rights of nature is not only about the grant of rights to trees, rivers, oceans, and all of nature such that they could stand in a court of law for themselves and on behalf of themselves. The most interesting part of this grant is imagining how these ecosystems would stand in court to speak for themselves. </p><p dir="ltr">Objective: This article first analyses the grant of the Rights of Nature in Ecuador within the 2008 Constitution and justifies why Ecuador is used as a case study. Second, it assesses how nature is represented in court by examining the case law that has emerged since the recognition of these rights. Third, it develops an argument for an eco-centric representative model for ecosystems as legal persons.</p><p dir="ltr">Methods: A doctrinal legal analysis of constitutional provisions and case law is combined with comparative legal reasoning. </p><p dir="ltr">Results: The analysis reveals conceptual and procedural gaps in how nature’s rights are represented in judicial practice, showing tensions between anthropocentric and ecocentric approaches. </p><p dir="ltr">Conclusions: This article argues that Ecuador’s legal framework should be revised to ensure effective and justiciable representation of the Rights of Nature and that representatives should be trained to mirror a true ecocentric approach.</p>