Do wolves own property in the EU? On John Locke, the EU Habitats Directive and animal property right

This chapter analyses the leeway for the operationalisation of animal property rights within the European Union. After having outlined the theoretical underpinnings of the concept of human property, this chapter assesses the possible interplay between the concept of animal property rights and recent manifestations of rights of nature. Through a detailed analysis of the case law of the Court of Justice of the EU, this chapter claims that a recalibration of the existing human duties towards strictly protected species, such as grey wolves, provides a more promising new pathway for the recognition of property rights of wild animals in the EU. In fact, it is established that new litigation strategies might focus on pushing courts to acknowledge the property rights of strictly protected species that lie dormant in the existing legislation, which would have a significant normative value for the further development of EU environmental law and governance.

ISBN:9781003318989

Jaar van publicatie:2024

Toegankelijkheid:Closed