LA humANIzACIóN De LA NATuRALezA. eL CAsO DeL DeReChO humANO AL AguA...
The diachronic analysis of water legal statute has propelled awareness of the heterogeneous rationalities involved in its legal treatment in the different legal subsystems, with a strong presence of humanitarian criteria. This confirms we are facing a process of nature´s humanization at a legal leve...
Guardado en:
| Autor principal: | |
|---|---|
| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2016
|
| Materias: | |
| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_3948 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3948.dir/3948.PDF |
| Aporte de: |
| Sumario: | The diachronic analysis of water legal statute has propelled awareness of the heterogeneous rationalities involved in its legal treatment in the different legal subsystems, with a strong presence of humanitarian criteria. This confirms we are facing a process of nature´s humanization at a legal level. This is: water´s legal statute has begun to get stronger in the Human Rights field, mainly in connection with International Human Rights Law. This marked recognition of Water´s Human Right (WHR) can be observed through public policies, international organizations agenda and also through the national and international jurisprudence. This circumstance arouses our interest in analyzing this complex process that incorporates nature into the legal field of Human Rights. On the other hand, this situation revealed that water presents many characteristics of a hybrid object, since it is positioned in the middle between human and natural poles, as many other hybrid entities. The essence of our argument is that the legal regulation that water has received in different legal fields (or legal subsystems) can be understood as a clear example of the humanization process of nature. This process was triggered as a result of the expansion of the definition of Subject of Law. The importance of revisiting this case is given by a growing recognition of Water´s Human Right in the institutional level, legal instruments, jurisprudence and public policies. This circumstance must be balanced in conjunction the resource´s treatment received in other different legal subsystems. |
|---|