Paradigm Lost? Exploring Earth Jurisprudence in Bolivia

Abstract

Earth jurisprudence stands out as a state-level approach to sustainability due to its potential to transform perspectives on nature at both the national and individual levels by establishing legal rights to nature to which the state is held accountable. Bolivia’s progressive embrace of Earth jurisprudence, as demonstrated through the recognition of Mother Earth and Her rights in its 2009 constitution and national legislation (such as the Ley de Derechos de la Madre Tierra), offers a compelling case study for evaluating the impact and efficacy of this approach. This article delves into the historical, political, and social contexts of Bolivia to provide a deeper understanding of the application and effectiveness of Earth jurisprudence. Through original interviews with Bolivian activists, this research finds that Earth jurisprudence has had limited to no discernible influence on the effectiveness of environmental policy and protection in Bolivia. This research attributes this lack of impact to several factors, such as a weak democratic system, an economic dependence on extractive industries, a fragmentation of social movements, and a lack of international accountability.