Sitios Naturales Sagrados en el Derecho Internacional: una mirada antropológica a la respuesta jurídica

Identifier:  TDX:3109

Handle: https://hdl.handle.net/20.500.11797/TDX3109

Authors:  Basilio Sao Mateus, Jeronimo

Abstract:
This thesis analyzes the recent incorporation process of the idea of Sacred Natural Sites (SNS) into the context of different international organizations, with the original purpose of building a map of the aforementioned process. Once the mapping is done, the thesis focuses on reflecting critically on it, and it points out several different difficulties of western modern legal systems when dealing and incorporating the idea into their frameworks. Through a comparative legal analyses, different ways of responding to SNS related legal conflicts are identified. The main hypothesis of the thesis is that, the difficulties of modern legal western systems in responding to this phenomenon are caused by ontological differences between modern and extra-modern groups of people. This initial assumption inspires a transdisciplinary analysis of the subject, and the dialogue with recent anthropological research (mainly Bruno Latour, Eduardo Viveiros de Castro, and Philippe Descola), in order to find better ways to deal with this kind of radical differences. Finally, the main goal of this thesis is to search for the legal consequences of anthropological research on ontological differences. As a conclusion, the thesis proposes some hermeneutic criteria that should inform institutional responses to SNS related conflicts, rather than proposing the use of one legal model over another.