Eigenrechte der Natur

Beschreibung

The idea of recognizing nature as a legal entity has gained considerable momentum worldwide in recent years. Jula Zenetti examines the key question for our legal system in question: To which extent could nature benefit from the recognition of rights of nature also in EU law and German law?
Jula Zenetti traces the development of the concept of intrinsic rights-that is, the idea of endowing nature with subjective rights. This development has unfolded over many decades and spans different continents and cultural contexts. She then identifies several variants of the concept as it appears today, some of which differ considerably from one another. To what extent can the legal interest of nature benefit from the recognition of its own rights in EU law and German law? To answer this question, the author compares the concept of intrinsic rights-in its various forms-with the existing legal frameworks of the EU and Germany. This comparison reveals both overlaps and protection gaps in each approach. At the same time, it uncovers a remarkable development: environmental law in the EU and Germany is increasingly evolving toward subjective rights of nature, showing clear tendencies toward subjectification. A more in-depth analysis of this development highlights, on the one hand, growing parallels between current environmental law and intrinsic rights. On the other hand, it becomes evident that in several areas, intrinsic rights of nature integrate more coherently into the legal systems of the EU and Germany than do traditional environmental obligations. In addition, Jula Zenetti examines the effects that subjective rights exert both within the legal system and outward into society. Subjective rights have profoundly shaped legal systems and social structures for centuries; today, they are regarded as having immense significance.

Autor*in

Jula Zenetti
Born 1987; studied law at the University of Konstanz; completed LL.M. studies in Lyon, France, and Maynooth, Ireland; legal traineeship in Darmstadt and Frankfurt; lawyer in Stuttgart; policy officer at the Saxon Ministry of the Environment in Dresden; PhD awarded in 2025 (Leipzig); participation in scientific projects at the Helmholtz Centre for Environmental Research in Leipzig.

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Artenschutz Deutsches Recht Eigenrechte der Natur EU-Recht gerichtliche Durchsetzbarkeit Nachhaltigkeitsrecht Ökologische Integrität Ökosysteme Rechte der Natur Rechtsvergleichung Subjektive Rechte Subjektivierung Transformation Umweltethik

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