Rights of Nature in Europe


Book Description

This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation. Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work. This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.




Sustainability and the Rights of Nature in Practice


Book Description

Sustainability and the Rights of Nature in Practice is the much-needed complementary volume to Sustainability and the Rights of Nature: An Introduction (CRC Press, May 2017). The first book laid out the international precursors for the Rights of Nature doctrine and described the changes required to create a Rights of Nature framework that supports Nature in a sustainable relationship rather than as an exploited resource. This follow-up work provides practitioners from diverse cultures around the world an opportunity to describe their own projects, successes, and challenges in moving toward a legal personhood for Nature. It includes contributions from Nepal, New Zealand, Canadian Native American cultures, Kiribati, the United States and Scotland, amongst others, by practitioners working on projects that can be integrated into a Rights of Nature framework. The authors also tackle required changes to shift the paradigm, such as thinking of Nature in a sacred manner, reorienting Nature’s rights and human rights, the conceptualization of restoration, and the removal of large-scale energy infrastructure. Curated by experts in the field, this expansive collection of papers will prove invaluable to a wide array of policymakers and administrators, environmental advocates and conservation groups, tribal land managers, and communities seeking to create or maintain a sustainable relationship with Nature. Features: Addresses existing projects that are successfully implementing a Rights of Nature legal framework, including the difference it makes in practice Presents the voices of practitioners not often recognized who are working in innovative ways towards sustainability and the need to grant a voice to Nature in human decision-making Explores new ideas from the insights of a diverse range of cultures on how to grant legal personhood to Nature, restrain damaging human activity, create true sustainability, and glimpse how a Rights of Nature paradigm can work in different societies Details the potential pitfalls to Rights of Nature governance and land use decisions from people doing the work, as well as their solutions Discusses the basic human needs for shelter, food, and community in entirely new ways: in relationship with Nature, rather than in conquest of it




Sustainability and the Rights of Nature in Practise


Book Description

Sustainability and the Rights of Nature in Practice is the much-needed complementary volume to Sustainability and the Rights of Nature: An Introduction (CRC Press, May 2017). The first book laid out the international precursors for the Rights of Nature doctrine and described the changes required to create a Rights of Nature framework that supports Nature in a sustainable relationship rather than as an exploited resource. This follow-up work provides practitioners from diverse cultures around the world an opportunity to describe their own projects, successes, and challenges in moving toward a legal personhood for Nature. It includes contributions from Nepal, New Zealand, Canadian Native American cultures, Kiribati, the United States and Scotland, amongst others, by practitioners working on projects that can be integrated into a Rights of Nature framework. The authors also tackle required changes to shift the paradigm, such as thinking of Nature in a sacred manner, reorienting Nature’s rights and human rights, the conceptualization of restoration, and the removal of large-scale energy infrastructure. Curated by experts in the field, this expansive collection of papers will prove invaluable to a wide array of policymakers and administrators, environmental advocates and conservation groups, tribal land managers, and communities seeking to create or maintain a sustainable relationship with Nature. Features: Addresses existing projects that are successfully implementing a Rights of Nature legal framework, including the difference it makes in practice Presents the voices of practitioners not often recognized who are working in innovative ways towards sustainability and the need to grant a voice to Nature in human decision-making Explores new ideas from the insights of a diverse range of cultures on how to grant legal personhood to Nature, restrain damaging human activity, create true sustainability, and glimpse how a Rights of Nature paradigm can work in different societies Details the potential pitfalls to Rights of Nature governance and land use decisions from people doing the work, as well as their solutions Discusses the basic human needs for shelter, food, and community in entirely new ways: in relationship with Nature, rather than in conquest of it




The Politics of Rights of Nature


Book Description

"On the global development of legislation, treaty negotiations, constitutional measures, and litigation resulting in legal recognition of Rights of Nature (RoN), including the cultural and political influences that determined how these legal rights were framed, the method of adoption and, importantly, the evolution of RoN enforcement through judicial decisions and growing cultural familiarity with the new legal concept"--




Natural Law and Laws of Nature in Early Modern Europe


Book Description

This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.




A New Ecological Order


Book Description

The rise of industrial capitalism in the nineteenth century forged a new ecological order in North American and Western European states, radically transforming the environment through science and technology in the name of human progress. Far less known are the dramatic environmental changes experienced by Eastern Europe, in many ways a terra incognita for environmental historians and anthropologists. A New Ecological Order explores, from a historical and ethnographic perspective, the role of state planners, bureaucrats, and experts—engineers, agricultural engineers, geographers, biologists, foresters, and architects—as agents of change in the natural world of Eastern Europe from 1870 to the early twenty-first century. Contributors consider territories engulfed by empires, from the Habsburg to the Ottoman to tsarist Russia; territories belonging to disintegrating empires; and countries in the Balkan Peninsula, Central and Eastern Europe, and Eurasia. Together, they follow a rhetoric of “correcting nature,” a desire to exploit the natural environment and put its resources to work for the sake of developing the economies and infrastructures of modern states. They reveal an eagerness among newly established nation-states, after centuries of imperial economic and political impositions, to import scientific knowledge and new technologies from Western Europe that would aid in their economic development, and how those imports and ideas about nature ultimately shaped local projects and policies.




The Environmental Rights Revolution


Book Description

The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.




Procedural Environmental Rights


Book Description

'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.




Environmental Rights in Europe and Beyond


Book Description

The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.




Wild Law


Book Description

In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed. Cullinan proposes a new approach or "e;Earth Jurisprudence"e; and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains liveable.Wild Law is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story.