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3 - Implementing Constitutional Environmental Rights in the Amazon Rainforest

from Part I - Themes and Structures of Environmental Constitutionalism

Published online by Cambridge University Press:  02 November 2018

Erin Daly
Affiliation:
Widener University School of Law, Delaware
James R. May
Affiliation:
Widener University School of Law, Delaware
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Summary

The Amazon region contains the world’s largest river, its biggest tropical rainforest and richest biodiversity. It spreads over the territories of nine countries, and has an invaluable role in the global environment. However, deforestation and climate change increasingly threaten regional balance, showing the high costs of the lack of proper environmental protection. International environmental law has proven insufficient for protecting Amazonia, suggesting a more robust role for implementing environmental constitutionalism. Nonetheless, environmental constitutionalism can be either a benefit or a burden to the Amazon ecosystem, depending on whether rights are properly implemented. This chapter investigates the constitutional provisions concerning the environment in Amazonia, and analyzes how environmental constitutionalism advances protection of the rainforest. With newer constitutions that reflect recent constitutional trends in terms of environmental protection, the chapter asks whether these are just proclamations on paper, or whether they can potentially induce real change. 
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Implementing Environmental Constitutionalism
Current Global Challenges
, pp. 59 - 83
Publisher: Cambridge University Press
Print publication year: 2018

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