The Experiment with Rights of Nature in India

2019 ◽  
pp. 365-383
Author(s):  
Kelly D. Alley ◽  
Tarini Mehta
Keyword(s):  
Rights Of Nature

scholarly journals Practices of sustainability and the enactment of their natures/cultures: Ecosystem services, rights of nature, and geoengineering

2021 ◽  
pp. 053901842199894
Author(s):  
Frank Adloff ◽  
Iris Hilbrich
Keyword(s):  
Ecosystem Services ◽  
Latin American ◽  
Social Systems ◽  
The Earth ◽  
Starting Point ◽  
Knowledge Cultures ◽  
Rights Of Nature ◽  
Value Of Nature ◽  
The One ◽  
And Control

Possible trajectories of sustainability are based on different concepts of nature. The article starts out from three trajectories of sustainability (modernization, transformation and control) and reconstructs one characteristic practice for each path with its specific conceptions of nature. The notion that nature provides human societies with relevant ecosystem services is typical of the path of modernization. Nature is reified and monetarized here, with regard to its utility for human societies. Practices of transformation, in contrast, emphasize the intrinsic ethical value of nature. This becomes particularly apparent in discourses on the rights of nature, whose starting point can be found in Latin American indigenous discourses, among others. Control practices such as geoengineering are based on earth-systemic conceptions of nature, in which no distinction is made between natural and social systems. The aim is to control the earth system as a whole in order for human societies to remain viable. Practices of sustainability thus show different ontological understandings of nature (dualistic or monistic) on the one hand and (implicit) ethics and sacralizations (anthropocentric or biocentric) on the other. The three reconstructed natures/cultures have different ontological and ethical affinities and conflict with each other. They are linked to very different knowledge cultures and life-worlds, which answer very differently to the question of what is of value in a society and in nature and how these values ought to be protected.

scholarly journals Rights of Nature Versus Nature Conservation Rights of Nature Versus Conventional Nature Conservation: International Lessons from Australia’s Tarkine Wilderness

2021 ◽  
pp. 1-15
Author(s):  
Benjamin Richardson ◽  
Nina Hamaski
Keyword(s):  
Nature Conservation ◽  
New Zealand ◽  
Protected Areas ◽  
Research Question ◽  
Natural World ◽  
Important Research ◽  
Rights Of Nature ◽  
Conceptual Shift ◽  
Important Research Question

The rights-of-nature model is gaining traction as an innovative legal approach for nature conservation. Although adopted in several countries, it remains in its infancy, including in Australia. An important research question is whether rights of nature will offer superior environmental outcomes compared to traditional nature conservation techniques including creation of protected areas. This article investigates that question through a case study of the Tarkine wilderness, in the Australia state of Tasmania. It first identifies key lessons from existing international experience with affirmation of rights of nature, such as in New Zealand and Ecuador. The article then explores how rights of nature could apply in Australia’s Tarkine region and their value compared to existing or potential protected areas and other nature conservation measures under Australian or Tasmanian law. Affirming rights of nature represents a major conceptual shift in how people via the law relate to the natural world, but whether the model offers practical benefits for nature conservation depends on a variety of conditions, in addition to the need to address broader societal drivers of environmentaldegradation.

The environment has rights: Eco-spiritual social work through ubuntu philosophy and Pachamama: A commentary

2022 ◽  
pp. 002087282110563
Author(s):  
Robert K Chigangaidze
Keyword(s):  
Social Work ◽  
Social Development ◽  
Social Workers ◽  
Work Practice ◽  
Social Work Practice ◽  
African Philosophy ◽  
Environmental Rights ◽  
Rights Of Nature ◽  
Global Agenda

Ubuntu has launched the Global Agenda for Social Work and Social Development, 2020–2030. This commentary stipulates how ubuntu can reinforce the Pachamama rights and its significance to social work practice. The African philosophy of ubuntu has potential to enhance the framework of understanding environmental rights from an eco-spiritual social work perspective and integrating the concepts of Pachamama rights. Clearly showing the link between Pachamama and ubuntu, this paper reminds social workers to advance the Rights of Nature.

Reply to Bridgewater (2021), 'Response to Davies et al., 'Towards a Universal Declaration of the Rights of Wetlands"

2021 ◽  
Vol 72 (10) ◽  
pp. 1401
Author(s):  
G. T. Davies ◽  
C. M. Finlayson ◽  
E. Okuno ◽  
N. C. Davidson ◽  
R. C. Gardner ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Local Knowledge ◽  
Local Communities ◽  
Universal Declaration ◽  
Legal Rights ◽  
Indigenous And Local Knowledge ◽  
Rights Of Nature ◽  
Areas Of Concern ◽  
Management Approaches ◽  
Conservation And Management

We reply to the main concerns raised by Bridgewater (2021) in his response to Davies et al. (2021a), ‘Towards a Universal Declaration of the Rights of Wetlands’. We appreciate the contribution of Bridgewater (2021) to this emerging conversation and, although we disagree with some of his assessments and statements, we do not find his points to be incompatible with support for the Declaration of the Rights of Wetlands (ROW). This reply focuses on four areas of concern raised by Bridgewater (2021). First, we describe why a wetlands-specific declaration will add important value to other Rights of Nature declarations. Second, we discuss how the ROW does not detract from, but rather can contribute to and complement, existing conservation and management approaches and mechanisms. Third, we agree on the importance of weaving Indigenous and local knowledge with other knowledges and emphasise that the ROW should not be confused with or misused to undermine the rights of Indigenous peoples and local communities. Finally, we explain how legal rights can and have been granted to non-humans, including elements of Nature, such as wetlands.

Rights of Nature

2021 ◽  
Author(s):  
Craig M. Kauffman
Keyword(s):  
Indigenous Rights ◽  
Ecological Sustainability ◽  
International Policy ◽  
Global Networks ◽  
Economic Rights ◽  
Legal Personhood ◽  
Legal Provisions ◽  
Governance Systems ◽  
Rights Of Nature ◽  
Policy Arenas

With the onset of climate change, the prospect of mass extinction, and the closing window of opportunity to take meaningful action, a growing number of activists, lawyers, scientists, policy-makers, and everyday people are calling for Rights of Nature (RoN) to be legally recognized as a way to transform human legal and governance systems to prioritize ecological sustainability. Over the past decade, RoN has gone from being a radical idea espoused only by a handful of marginalized actors to a legal strategy seriously considered in a wide variety of domestic and international policy arenas. In January 2021, at least 185 legal provisions recognizing RoN existed in 17 countries spanning five continents, and 50 more RoN laws were pending in a dozen other countries. RoN is also recognized in numerous international policy documents. After defining RoN, this chapter examines how different kinds of actors have organized in global networks to advance RoN in different policy arenas through distinct pathways. This has caused RoN to be structured and implemented differently in distinct contexts. The chapter examines this variation, comparing cases from around the world. It highlights the implications of structuring RoN as a set of unique substantive rights for ecosystems versus extending legal personhood (a set of rights designed for humans). It concludes by examining the relationship between RoN and human rights—including environmental rights, Indigenous rights, and economic rights—and the implications for reconceptualizing sustainable development to prioritize ecological sustainability.

Community Perceptions of the Rights of Nature: An analysis of the San Juan Island’s Salish Sea

2021 ◽  
Author(s):  
Brynn Crosby ◽  
Hunter Dowdle ◽  
Cory Manning ◽  
Helen Yuan ◽  
Xuan Yang ◽  
...  
Keyword(s):  
San Juan ◽  
Community Perceptions ◽  
Salish Sea ◽  
Rights Of Nature

scholarly journals The materialization of the Buen Vivir and the Rights of Nature: Rhetoric and Realities of Guayaquil Ecológico urban regeneration project

2022 ◽  
Vol 9 (1) ◽  
Author(s):  
María Fernanda Ordóñez ◽  
Kelly Shannon ◽  
Viviana d’Auria
Keyword(s):  
Ecological Context ◽  
Design Strategies ◽  
Buen Vivir ◽  
Planning And Design ◽  
The World ◽  
Rights Of Nature ◽  
Good Living ◽  
Natural Dynamics ◽  
The Relationship ◽  
Shed Light

AbstractIn 2008, Ecuador became the first country in the world to declare nature as a subject of rights based on the ‘Buen Vivir’ (Good Living) philosophy which is premised on an indigenous principle that envisions a world where humans are part-and-parcel of a larger natural and social environment. Although Ecuador’s constitution is groundbreaking from a legal standpoint, the question arises of how the rights of nature is spatially manifested beyond the designation of protected areas? To shed light on such interrogation, this article, based on qualitative research, focuses on the linear park component of the mega-project Guayaquil Ecológico heralded as a first materialization which champions the “Rights of Nature” under the vision of the Buen Vivir. It unravels the contested rhetoric and realities of the Guayaquil Ecológico linear park in a critical review of the as-built project in relation to the larger objectives of Buen Vivir. The Guayaquil Ecologico linear park promised to simultaneously upgrade both social and environmental dimensions. However, it did not fully address the complexity of Guayaquil’s socio-ecological context and some of the structural injustices of the estuarine territory. Buen Vivir was rhetorically mobilised to implement a project where aesthetic dimensions dominated, further perpetuating socio-ecological vulnerabilities through relocation and evictions. Furthermore, its implementation was dependent on a specific political moment, leaving it in a state of abandonment and neglect. The Buen Vivir philosophy—as a decolonial stance that challenges western forms of development—can offer a fundamental base to question current modes of territorial occupation based on extractivist planning and design strategies. It holds significant potential to serve as base to re-think the relationship between forms of settlement, natural dynamics, and worldviews.

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