What If the Black Forest Owned Itself? A Constitutional Property Law Perspective on Rights of Nature

Abstract Ownership has been a key tool in the exploitation of nature for centuries. However, ownership could also shield natural entities from extraction and pollution if it were vested them, rather than humans or corporations. Through case study German constitutional property law, this article examines normative content right. It argues that owning themselves, would have numerous tools to fend off human interference with their self-determination. Constitutional law require any harmful activity affecting entity be based upon legislation necessary achieve public purpose. The enjoy broader access justice. Courts often award appropriate remedies; where awarded only compensation, unsatisfactory because money cannot replace nature. finds offers potential further protection interference, which not realized anthropocentric value judgments prevalent legal doctrine. Ecocentric approaches invalidity as standard remedy play an important role unlocking full environmental protection.