| dc.description.abstract | The Rights of Nature as a legal approach and instrument to safeguard our environment are evolving rapidly. The goal is to establish that nature obtains legal rights which are equal to humans. Nature's rights are still a relatively new concept that is mostly studied as an ecocentric legal philosophy. This study seeks to contribute to this literature by examining the qualitative evidence of the legal paradigm of the Rights of Nature and if it contributes to environmental conservation. This study examines the qualitative evidence from three cases where Rights of Nature has been
implemented: the Magpie River (Canada), the Mar Menor Lagoon (Spain) and the Wadden Sea (the Netherlands). Each case has implemented and recognized an ecosystem as a legal personhood and gave “them” their own rights, which provides an opportunity to explore Rights of Nature in different scenarios with diverse cultural, economic, and ecological aspects.
To meet the objective, I have conducted a document analysis, using a comparative case study approach to examine the available research material on Rights of Nature and the three cases. The material used has been official government documents, scientific papers, and gray literature (media coverage etc.). The discussion drew upon insights from two academic discourses to underpin the rationale for Rights of Nature: environmental justice, which concerns fairness among humans in their relationship with nature, and ecological justice, which focuses on fairness for nature itself.
The qualitative evidence from the three cases supports the idea that the Rights of Nature can bolster environmental conservation efforts, setting important precedents for cultural and legal transformation toward respecting natural entities. However, for Rights of Nature to be truly effective, it must be integrated into a comprehensive strategy featuring robust enforcement mechanisms, international cooperation, and shifts in human-nature relationships. The proliferation of Rights of Nature initiatives globally hints at a future where legal systems might recognize natural entities as rights holders, potentially enhancing global environmental governance. Nevertheless, this hopeful vision must contend with existing legal and bureaucratic structures that may resist such profound changes. | |
