Literature Review

Confronted by a stream of dire reports of present and pending ecological destruction, it is no wonder that many of us seek out developments that have the potential to lead us down a different path. One such development is the growing number of constitutions, laws, and judicial decisions that have recognized that natural entities—rivers, glaciers, mountains (or Nature as a whole)—have rights or legal personality. These developments include constitutional recognition of Nature in Ecuador and Bolivia, river personhood judgments in Colombia, India, and Bangladesh, and treaty-based legislative recognition of a range of natural entities, including rivers, mountains, and a former national park, in Aotearoa New Zealand, to name a few of the most prominent. While sometimes described as a trend, or even a “rights of nature movement,” the details of these developments, remarkable for their diversity and place-based specificity, often get lost in the narrative created by both “rights of nature” proponents and simplistic critics.

n/a

n/a

Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.

In the 21st century, we are struggling with environmental pollution around the world. The global warming phase has now been changed to global boiling. The seasonal cycle has been disturbed in India and around the globe. Pollution in the environment raises the issue of pollution control. Through air pollution control, effluent treatment, solid-waste management, hazardous-waste management, and recycling, great efforts are made to limit the release of toxic substances into the environment. Unfortunately, attempts to control pollution are frequently overwhelmed by the magnitude of the problem, particularly in less-developed nations. In many large cities, particulates and gases from transportation, heating, and manufacturing accumulate and persist, causing noxious levels of air pollution. Despite the worldwide attention given to the problem, the enduring consequences of pollution continue to be experienced in the long term. The atmosphere is progressively experiencing heightened levels of pollution as a result of human activities. People are very anxious about pollution and many researchers, environmentalists, and policymakers are exploring the means to protect the environment. Along similar lines, this paper tries to analyze two concepts: rights to nature and rights of nature concerning environment protection. This paper discusses the evolution and application of both phenomena and focuses on the rights of nature in India. It also emphasizes that the 'rights of nature' phenomena can be a breakthrough in environmental protection measures. This can be a major factor in mitigating environmental pollution in which other principles like sustainable development, polluter pays principle, and carbon credit failed because it advocates for the right to life of nature and emphasize on the protection of the ecosystem.

The starting point of this research is the assumption that the rate of biodiversity loss, together with climate change, is looming on the planet. Human-induced changes to ecosystems and the extinction of species have been more rapid in the past 50 years than at any time in human history. Several scientific studies show that humanity has already exceeded some of the planetary boundaries, putting itself in danger.

The following project falls within the Rights of Nature movement as a response to the climatic crisis. It is situated in the Alps. From the moment Hannibal managed to lead his Carthagnian army, including their elephants, through the Alps until the construction of modernist glacial skiing resorts and monumental hydroelectric power plants, the Alps have been seen as an object to be overcome and exploited. This resulted in extensive infrastructural projects throughout the whole territory and at all elevations. In order to restore the agency of this living entity, the project repositions the Alps as an active subject with their own right. Moving through three phases – listening to - speaking with - negotiating on behalf of the Alps – results in the foundation for the Parliament of the Alps, composed of a group of people which will act as guardians of the Alps, and the illustration of their most urgent project.

Can the approach based on environment-related Human Rights be reconciled with the approach based on the Rights of Nature ? In this article, Phillipe Cullet studies the synergies between these methods and how they actually reinforce one another. In examining how these approaches are in reality complementary, the author highlights the necessity of framing a new category of rights that would bring them together : eco-human rights.

This guide is one in an evolving series of guides intended to provide a general introduction to RON laws in plain language. They are intended for anyone curious about the subject, from ordinary citizens to community organizers, business people, scientists, politicians, government officials and Indigenous leaders.

Ecological law aims to give coherence to law that align with ecological economics. This session will provide insights on emerging themes and recent developments in ecological law in 2023. Panelists are engaged with research linked to the Leadership for the Ecozoic (L4E) initiative (l4ecozoic.org) and the Ecological Law and Governance Association (ELGA)(elgaworld.org). They will discuss themes such as rights of nature, legal aspects of “territories of life” and placebased governance, ecological law case studies, water governance, climate governance and more, and will provide updates on developments in ecological approaches to law. The session will provide ample time for participant engagement.

My main findings revolve around the impact of granting legal personhood to El Río Monjas - a polluted river - on the residents of La Esperanza in Quito, Ecuador. Existing research in the rights of nature discourse has primarily centered around marginalized groups' resistance for nature's rights, with limited exploration of the consequences and implications of realizing these rights for daily life. This study fills this gap by examining how the realization of these rights shapes the lives of La Esperanza's residents. The relationship between the residents, the river, and the municipality has undergone significant changes. Processes of truth-production and problematization (Foucault 1980; Li 2007) have turned the river into a legal political tool, shaping the perception of the river's contamination, creating misconceptions about the residents. Different stakeholders exploit the river for their own purposes, leaving those without resources voiceless. For the residents, El Río Monjas its vibrant materiality (Bennett 2010) has changed from a source of life into a monster, a ruinous vibrancy (Wilhelm-Solomon 2017). The river symbolizing ruination (Stoler 2008) caused by the government's lack of support. The art of unnoticing (Lou 2022) and salvage rhythms allow the residents to survive amidst the ruins (Tsing 2010) of La Esperanza.

This guide is one in an evolving series of guides intended to provide a general introduction to RON laws in plain language. They are intended for anyone curious about the subject, from ordinary citizens to community organizers, business people, scientists, politicians, government officials and Indigenous leaders.