Traditional continental approaches postulate a fundamental contraposition between (natural and legal) ‘persons’ – entitled to a diverse range of rights – and ‘things’. Conflict of laws is methodologically coherent with an anthropocentric understanding of the law. Yet, in some – limited – cases, components of the environment are granted a legal personality and some rights. Narratives for animals’ rights are emerging as well. This work wishes to contribute to current debates transposing in the field of conflict of laws reflections surrounding non-human legal capacity by addressing legal problems a national (Italian) court might face should a non-human-based entity start proceedings in Italy. The main issues explored are those related to the possibility of said entity to exist as an autonomous rights-holder and thus to start a legal proceedings; to the search for the proper conflict of laws provisions as well as to the conceptual limits surrounding connecting factors developed for ‘humans’. Furthermore, public policy limits in the recognition of non-human-derived autonomous rights-holders will be explored. The investigation will conclude by highlighting the possible role of private international law in promoting societal and legal changes if foreign legal personality to the environment is recognised in the forum.

A New Legal Status for the Environment and Animals, and Private International Law: Tertium Genus Non Datur? Some Thoughts on (the Need for) Eco-Centric Approaches in Conflict of Laws

stefano dominelli
2024-01-01

Abstract

Traditional continental approaches postulate a fundamental contraposition between (natural and legal) ‘persons’ – entitled to a diverse range of rights – and ‘things’. Conflict of laws is methodologically coherent with an anthropocentric understanding of the law. Yet, in some – limited – cases, components of the environment are granted a legal personality and some rights. Narratives for animals’ rights are emerging as well. This work wishes to contribute to current debates transposing in the field of conflict of laws reflections surrounding non-human legal capacity by addressing legal problems a national (Italian) court might face should a non-human-based entity start proceedings in Italy. The main issues explored are those related to the possibility of said entity to exist as an autonomous rights-holder and thus to start a legal proceedings; to the search for the proper conflict of laws provisions as well as to the conceptual limits surrounding connecting factors developed for ‘humans’. Furthermore, public policy limits in the recognition of non-human-derived autonomous rights-holders will be explored. The investigation will conclude by highlighting the possible role of private international law in promoting societal and legal changes if foreign legal personality to the environment is recognised in the forum.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/1230275
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