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Rights of nature

Legal theory

  • 24 min read
  • 6 chapters

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Through Human rights, Environmental law and Universal Declaration of Human Rights

This school of thought is underpinned by two basic lines of reasoning. First, since the recognition of human rights is based in part on the philosophical belief that those rights emanate from humanity's own existence, logically, so too do inherent rights of the natural world arise from the natural world's own existence. A second and more pragmatic argument asserts that the survival of humans depends on healthy ecosystems, and so protection of nature's rights in turn, advances human rights and well-being.

From a rights of nature perspective, most environmental laws of the twentieth century are based on an outmoded framework that considers nature to be composed of separate and independent parts, rather than components of a larger whole. A more significant criticism is that those laws tend to be subordinate to economic interests, and aim at reacting to and just partially mitigating economics-driven degradation, rather than placing nature's right to thrive as the primary goal of those laws. This critique of existing environmental laws is an important component of tactics such as climate change litigation that seeks to force societal action to mitigate climate change.

As of May 2024, close to 500 rights of nature laws exist at the local to national levels in 40 countries, including dozens of cities and counties throughout the United States. They take the form of constitutional provisions, treaty agreements, statutes, local ordinances, and court decisions. A state constitutional provision is being sought in Florida.

Basic tenets

Proponents of rights of nature argue that, just as human rights have been recognized increasingly in law, so should nature's rights be recognized and incorporated into human ethics and laws. This claim is underpinned by two lines of reasoning: that the same ethics that justify human rights, also justify nature's rights, and, that humans' own survival depend on healthy ecosystems.

First, it is argued that if inherent human rights arise from human existence, so too logically do inherent rights of the natural world arise from the natural world's own existence. Human rights, and associated duties to protect those rights, have expanded over time. Most notably, the 1948 adoption by the United Nations, of the Universal Declaration of Human Rights (UDHR) that formalized recognition of broad categories of inalienable human rights. Drafters of the UDHR stated their belief that the concept of fundamental human rights arose not from "the decision of a worldly power, but rather in the fact of existing."

Some scholars have contended thereafter that, given that basic human rights emanate from humans' own existence, nature's rights similarly arise from the similar existence of nature, and so humans' legal systems should continue to expand to recognize the rights of nature.

Some notable proponents of this approach include U.S. cultural historian Thomas Berry, South African attorney Cormac Cullinan, Indian physicist and eco-social advocate Vandana Shiva, and Canadian law professor and U.N. Special Rapporteur for Human Rights and the Environment David R. Boyd.

Thomas Berry introduced a philosophy and ethics of law concept called Earth jurisprudence that identifies the earth's laws as primary and consequently reasons that everything has an intrinsic right to be and to evolve by the very fact of its existence. Earth Jurisprudence has been increasingly recognized and promoted worldwide by legal scholars, the United Nations, lawmakers, philosophers, ecological economists, and other experts as a foundation for Earth-centered governance, including laws and economic systems that protect the fundamental rights of nature.

Second, support for rights of nature also is supported through the utilitarian argument that humanity can only thrive in the long term by accepting integrated co-existence of humans with the natural world. Berry noted that the concept of human well-being derived from natural systems with no fundamental right to exist is inherently illogical, and that by protecting nature's rights, humans advance their own self-interest.

The legal and philosophical concept of rights of nature offers a shift from a frame of nature as property or resource, to nature as an interconnected Earth community partner. This school of thought aims at following the same path that human rights movements have followed, where at first recognition of rights in the rightless appeared "unthinkable", but later matured into a broadly-espoused worldview.

Christopher Stone, a law professor at the University of Southern California, wrote extensively on this topic in his seminal essay, "Should Trees Have Standing", cited by a U.S. Supreme Court dissent in Sierra Club v. Morton for the position that "environmental issues should be tendered by [nature] itself." As described by Stone and others, human rights have increasingly been "found" over time and declared "self-evident", as in the U.S. Declaration of Independence, even where essentially non-existent in the law. The successes of past and current human rights movements provide lessons for the current movement to widen the circle of Earth community to include natural systems and species populations as rights-bearing entities.

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