<p>This article from a critical position analyzes the difficulty of pursuit and prosecutes the international responsibility of transnational corporations because of environmental damage. To do so, the research problem is briefly described, the Colombian case is analyzed, the ecological constitution of 1991 and the debate about nature as a subject of rights. Finally, it is proposed as an element to overcome the difficulty posed, to revalue the category that traditionally law in general and private international law in particular has assigned to nature, since by assigning it a legal status as a subject of rights, it can be a privileged position on the environmental issue in the field of international investment law.</p>