Proceduralising Indigenous Peoples‘ Demands: The Right to Nature in Jurisprudence and Legal Pluralism in Latin America

Biodiversity, climate change and environmental protection are commonly associated with indigenous peoples’ customs and holistic cosmovisions. This paper strives to uncover the myth, notably by identifying the procedural dimension underlying the right to nature. Grounded in Latin American jurisprudence, we understand the right to nature from the perspective of indigenous peoples, including its articulations in existing State law. It is examined to what extent such right undergoes processes of positivisation. Related questions on the significance of legal pluralism and autonomy similarly find mentioning in that regard. More precisely, the procedural dimension is explored by means of collective and intergenerational rights which demonstrate enabling potential in translating the right to nature into dominant legal orders. Finally, we approach the right to nature theoretically, appreciating the possibilities for new procedures and modus operandis for the right to find realisation.