In dubio pro natura: Environmental Constitutionalism and the Rights of Indigenous Peoples in the Arctic

Abstract

The growing international interest in mitigating the effects of climate change and ecological degradation has required greater effort from national legislative systems. A specific approach to local needs and a greater understanding of the cultural values related to environmental well-being has gradually emerged from the legal procedures in dubio pro natura. Constitutional law is increasingly including environmental rights and principles in order to maintain biodiversity conservation. This process, known as environmental constitutionalism, has been promoted by the emergence of the ecological democracy, which is committed to preserve environmental sustainability through democratic processes, such as meaningful public participation, access to information and justice. The article discusses the in dubio pro natura approach, its connection with the rights of Indigenous Peoples, and its place in Arctic constitutions with examples drawn from Alaska and Norway. It concludes that an in dubio pro natura approach should be promoted to support both environmental protection and the rights of Indigenous Peoples.

Keywords

• environmental constitutionalism
• intergenerational equity
• in dubio pr natura
• indigenous rights
• arctic
• right to a healthy environment