Falletti on The Botanical Horti and the Dawn of International Law

Elena Falletti, Carlo Cattaneo LIUC University, has published The Botanical Horti and The Dawn of International Law, presented at the Conference The Power of Flowers, 1500-1750 - Gent, 14-16.6.2023.

As is widely acknowledged, botanical gardens are often seen as the successors of medieval arboreta, which served as a means of studying the medicinal properties of herbs but were typically controlled by religious monasteries. Conversely, they signify a new approach closely associated with the Renaissance. During the 16th century in Italy, knowledge about plant usage and their products (such as flowers, fruits, and seeds) transitioned from the confines of monasteries to the dynamic cultural and scientific milieu of universities. Notable instances of this shift can be observed in two of the principal states in Renaissance Italy: Tuscany and the Republic of Venice. Botanical gardens were founded in Pisa and Padua to return the oversight of medicinal plants to public institutions as a form of public health safeguarding. It was particularly crucial to regulate the production and trade of poisonous and lethal plants, which were considered covert threats. However, the role of botanical gardens underwent a significant transformation with the expansion of colonialism. New colonial powers, starting with the Dutch and later the British, adopted this model. The focus shifted from controlling poisons and medicinal effects to researching and understanding how to produce marketable commodities like exotic spices and plants as efficiently as possible. This shift, brought about by colonialism, is a crucial aspect of the historical evolution of botanical gardens. The onset of industrialization and the regulations concerning intellectual property rights also left their mark on cultivating and exploiting plant species, leading to the development of fresh techniques for growing and transporting plants. The significance of botanical gardens was instrumental in their evolution into scientific and experimental laboratories. This evolution raised further philosophical and legal questions, notably the pertinent query: 'Who owns nature?' This paper focuses on how these centers of knowledge paved the way for establishing international relationships governing exotic goods. Botanical gardens, through their research and experimentation, have significantly influenced these connections. Additionally, it seeks to explore how this approach continues to influence contemporary legal discussions, especially those relating to the protection of cultural heritage and biodiversity.

Download the essay from SSRN at the link.