Sitios Naturales Sagrados en el Derecho Internacional: una mirada antropológica a la respuesta jurídica
Jeronimo Basilio Sâo Mateus2020
This doctoral thesis analyzes the recent process of incorporating the idea of Sacred Natural Sites (SNS) in different international organizations, with the initial purpose of mapping this process. Once the mapping has been carried out, a critical reflection is made on it, where the difficulties that modern legal systems have in receiving this phenomenon are observed. The different legal models for responding to conflicts related to SNS are identified in comparative law. The hypothesis raises that the difficulties of modern legal systems in dealing with this phenomenon are due to fundamental differences of an ontological nature between the way the modern West is organized and the ways in which extra-modern groups are organized. This initial assumption inspires a transdisciplinary analysis of the problem, and the need to draw on recent developments in contemporary anthropology (especially Bruno Latour, Eduardo Viveiros de Castro, and Philippe Descola) as a matrix to address these radical differences. In the end, some preliminary legal consequences are drawn from anthropological reflections on how to understand ontological differences. In conclusion, the thesis offers more than the preference of one model of legal treatment or another, some hermeneutic criteria that should inform the institutional response to cases related to SNS.
Jeronimo Basilio Sâo Mateus. 2020. Sitios Naturales Sagrados en el Derecho Internacional: una mirada antropológica a la respuesta jurídica. Tesis doctoral de la Universidad Rovira i Virgili, Departament de Dret Públic, Tarragona (Spain) 518 páginas (Spanish)