La iniciativa legislativa popular para el reconocimiento de personalidad jurídica y derechos propios al Mar Menor y su cuenca
Eduardo Salazar Ortuño, Teresa Vicente Giménez
Abstract
Spanish citizens proposed a law that recognizes the legal personality of the Mar Menor lagoon and its basin and endows this valuable ecosystem with its own rights, based on the serious ecological damage it has suffered, the ineffectiveness of the existing legal regulations, and the empowerment of civil society to make participation in environmental matters effective. The new paradigm of the rights of nature opens a legal stage of universal scope, founded on Ecological Justice and the Earth Jurisprudence, which will condition the dogmatic development of the new legislative proposal. The development of the ILP is an expresión of the international movement in defense of the rights of nature in Spain, initiated in the six continents and which is advancing unstoppably. In this article we study the fiction of the recognition of the legal personality of the Mar Menor and its basin, as a presupposition for legal capacity and capacity to act. In the legal capacity we expose the charter of rights of the lagoon ecosystem and in the capacity to act, the defense of such rights. To confer legal personality and own rights to the Mar Menor can enforce the new ecocentric vision of prioritizing the value and defense of the ecosystems of which we are part.