Foundations for a theory of radical legal eco-innovation: the paradigm of Rights of Nature

Abstract

The theory of legal eco-innovation elucidates and streamlines the processes by which innovative legal actions contribute to driving the necessary transition towards sustainability. The goal of the present study is to understand the need, the processes and the conditions for the legal acceptability of radical legal eco-innovation, taking RoN as an example. In practice this means that the legal fiction of Rights of Nature should not be interpreted as an exoteric proposal of eccentric lawyers but rather as a wise and coherent legal eco-innovation initiative with a strong effectiveness potential in the European framework