Papers by Eva Bernet Kempers
"Over the last decennia Latin America has seen an exponential increase in resource extractio... more "Over the last decennia Latin America has seen an exponential increase in resource extraction by multinational companies, due to its rich mineral deposits and profitable environmental regulations (Urkidi & Walter 2011). In almost every case, the indigenous communities living in those areas raise protest against these projects. In the struggle for self-determination they try to establish a narrative that contests the dominant discourse of the state and the large, transnational corporations. In this thesis, it is analyzed to what extent the discourse of indigenous communities contests the discourse of powerful actors in the case of a long-established mine in Guatemala, against the background of the broader upsurge of indigenous peoples against neoliberal resource extraction in Latin America. The thesis is based on eight weeks of qualitative research in the village of San Miguel Ixtahuacán, near to the Marlin Mine. The authors prove the relevance of the discursive level and establish an in-depth analysis of the contesting discourses of the mining company, the central and local state, the indigenous communities and NGOs. Their main findings show that the image that is depicted in current literature is too simplistic: there is no plain contradiction between the discourse of the communities and that of the company, but various different stances and discourses that are not exclusively negative about mining exist. According to them, it is the unequal power relations and patronizing attitude of the company that form the main obstacle on the road to constructive dialogue.
European Review of Private Law
The summa divisio between the person and the thing lies, traditionally, at the very basis of Euro... more The summa divisio between the person and the thing lies, traditionally, at the very basis of European private law. In a growing number of European jurisdictions however, provisions have been introduced in the Civil Code that differentiate between animals and other legal things or objects. Even though it is certain that these provisions do not vest animals with a form of legal personality similar to that of humans or corporations, it has been noted that the new legal status may influence the way animals are being addressed in other areas of private law and can sometimes even be construed as limiting the rights of persons. Perceived as such, the special status of the animal challenges the traditional dichotomy between the person and the thing, giving rise to a category that lies in between.
Transnational Environmental Law
It is sometimes assumed that, in order for animals to be adequately protected by the legal system... more It is sometimes assumed that, in order for animals to be adequately protected by the legal system, their status first needs to change from property to person in one fell swoop. Legal personhood is perceived as the necessary requirement for animals to possess legal rights and become visible in law, distinguished from legal things. In this article I propose an alternative approach to animal legal personhood, which construes the road towards it as a gradual transition rather than a revolution. According to this alternative approach, animals become increasingly visible in law when their existing simple rights are shaped to function more like the rights of humans. Instead of a condition for the possession of rights, legal personhood should then be regarded as a (potential) consequence of growing animal rights.
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Papers by Eva Bernet Kempers