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24 Duke Envtl. L. & Pol'y F. 353 (2013-2014)
Balancing Profit and Environmental Sustainability in Ecuador: Lessons Learned from the Chevron Case

handle is hein.journals/delp24 and id is 353 raw text is: BALANCING PROFIT AND ENVIRONMENTAL SUSTAINABILITY IN ECUADOR: LESSONS LEARNED FROM THE CHEVRON CASE NATHALIE CELYT INTRODUCTION In 2008, the people of Ecuador ratified the first national constitution in the world to enshrine the Rights of Nature.' As one of the most biodiverse countries in the world, this was more than a symbolic gesture; it reflected a national consensus that our whole approach to protecting the environment- including ourselves-must change and adapt if we are going to make this planet a place where all can live freely and safely.2 Ecuador had a vested interested in taking the unprecedented step of providing constitutional rights focused on nature because so much is at stake in our country. The inclusion of these rights of nature in the Constitution is given in four articles (art. 71 to 74) and expresses the deep respect with which we regard our environment. The articles state that Nature or Pachamama, where life is reproduced and realized, is entitled to its existence, maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes are fully respected. Any person, community, village or nationality may require the public authority to enforce the rights of nature . . . The State will encourage natural and legal persons and groups to protect nature, and promote respect for all the Copyright C 2014 Nathalie Cely. T Nathalie Cely is the Ambassador of Ecuador to the U.S. Previously Her Excellency served as Ecuador's Coordinating Minister of Production, Employment and Competitiveness. The ideas presented in this paper are the sole responsibility of its author. It does not purport to represent the views of the Republic of Ecuador or the official position of its Government. 1. National Constituent Assembly, Constitution of the Republic of Ecuador (Oct. 20, 2008). 2. Kintto Lucas, Ecuador: New Constitution Addresses New Demandfor Plurmational State, INTER PRESS SERVICE (May 5, 2008), http://www.ipsnews.net/2008/05/ecuador-new-constitution- addresses-demand-for-lsquoplurinationalrsquo-state/; Ecuadorian Assembly Approves Constitutional Rights for Nature, CLIMATE & CAPITALISM (July 10, 2008), http://climateandcapitalism.com /2008/07/10/ecuadorian-assembly-approves-constitutional-rights-for-nature/; Cyril Mychalejko, Ecuador's Constitution Gives Rights to Nature, OP ED NEWS (Sept. 26, 2008), http://www.opednews.com/articles/2/Ecuador-s-Constitution-Giv-by-Cyril-Mychalejko-080925- 102.html. 353

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