The new subjects of law in the Colombian legal system, with an emphasis on guarantees and difficulties

Abstract

This article outlines the evolution of the legal concept of the subject of law, beginning with the classical conception and concluding with the contemporary concept, which no longer encompasses only humans as the nucleus of rights but also nature and animals. It also provides a brief account of the recognition of this concept in the domestic legal system. The objective of this article is to analyse whether the declaration of the Atrato River as a subject of rights has been effective in resolving the state of emergency that led the Constitutional Court to adopt this decision. In order to achieve this objective, a presentation is made of the different approaches to environmental protection, such as the anthropocentric, biocentric and ecocentric. The latter is the basis for the position adopted by the Constitutional Court in the judicial decision to declare the Atrato River as a subject of law. This was done in order to ensure effective protection of the environment and to advance the application of the law in a collective and plural manner. Finally, the effectiveness of the declaration of the Atrato River as a subject of law in preventing the state of environmental emergency of this tributary will be analysed. In addition, the extent to which the authorities involved in compliance have complied with the judicial decision will be determined.