JIDC, Vol. 3, Issue 1 (2025)
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[AI generated:] This article explores the cultural dependencies and symbolic nature of the Rights of Nature (RoN) within the context of the European Union (EU). It argues that the successful implementation of RoN in regions like New Zealand and Ecuador is deeply rooted in indigenous cultural perspectives, which contrast sharply with the anthropocentric legal frameworks prevalent in Western industrialized nations. The article highlights how the recognition of non-human entities as legal subjects in these countries is often a socio-political strategy rather than a genuine shift towards ecocentrism. The case of illegal gold mining in Ecuador exemplifies the ongoing dominance of anthropocentric perspectives, where economic interests frequently undermine environmental protections.
In contrast, the EU's approach to environmental justice is shaped by a lack of indigenous populations and the complexities of transposing EU law into national legislation. The EU primarily focuses on ecosystem services, emphasizing the necessity of environmental protection for human survival rather than granting rights to nature. This anthropocentric viewpoint is further reflected in societal attitudes towards environmental policies, where fears of economic disadvantage and social conflict hinder acceptance of transformative measures.
The article concludes that the global community is at a historic crossroads regarding ecological transformation, emphasizing the need for culturally sensitive approaches to avoid social resistance. In cultures where the protection of natural entities aligns with spiritual beliefs, RoN could be beneficial if implemented meaningfully. However, in EU countries where spirituality is diminishing and indigenous populations are scarce, adopting RoN may risk alienating the public and exacerbating political divisions. Therefore, enhancing existing environmental legislation is crucial to foster trust in its effectiveness and fairness, ensuring that vulnerable populations are not disproportionately affected.
Following arguments about feasibility of implementing and application of the Rights of Nature, this article is based on the exposition of elements of an economic nature in opposition to the (confirming) proclaimed position, adding a new point of view in relation to the different perspectives.
Therefore, the perspectives proposed here will be divided into three argumentative nuclei: the inability to maintain the actual environmental programs as a competitive economy, custom of all these projects to the members of the European Union and the energy crisis, linked to the failure to agree on new plans for energy supplies across.
The purpose of this work is to critically examine and reflect on the feasibility of granting legal rights to nature within the context of the European social and legal reality. We aim to address the following question: Should we grant legal rights to nature?
This is not merely a legal debate; rather, it extends to our fundamental understanding of the relationship between humanity and the environment. Some argue that we are at a turning point where granting rights to nature is the only way to protect our planet and ensure an environment suitable for future generations. Others, however, warn of the risks of creating a "legal chaos," considering the economic implications that such a radical shift might entail.
It's necessary to recognize nature rights in the European Union in order to guarantee an effective protection of natural entities and the common good. According to the International Union for Conservation of Nature (IUCN), at least 1,677 species out of 15,060 European species assessed are threatened with extinction (European Parliament, 2020). Currently, there are many dangers to ecosystems and biodiversity in Europe, such as climate change, urbanization and leisure activities, the pollution of air, water and soil as a consequence from agriculture, illegal killing and hunting, invasive species, and forestry activities (European Environment Agency, 2020).
In attention to these issues, we – as a society – need to find an effective way to protect nature. This essay will demonstrate how the recognition of the rights of nature is a valuable tool for achieving effective protection of ecosystems in European countries.
Conclusion: Perhaps a new Social Contract needs to be understood so that humans can operate more harmoniously with nature as well as with mankind. As long as the lens of life is only viewed through the interests that humans hold, the Rights of Nature cannot be actualized. This would cause chaos as climate change worsens, as less regard will be taken when more liberties are taken by harvesting the depleting resources. By taking action now, and giving nature personhood, humanity can have an intervention with itself and realize that taking advantage of entities that cannot speak for themselves, especially when it is extended to nature, is fundamentally wrong. As disputes over land and resources lessen as the lines of the Rights of Nature are followed, it will make the observance of the Social Contract easier to follow, therefore leading to a more pluralistic, peaceful society where the SDGs are closely adhered to, because nature will be granted rights at last.
The current global scenario is marked by conflicts, inequalities, and geopolitical tensions, which have created a growing sense of global insecurity, combined with the stagnation of progress towards the Sustainable Development Goals (SDGs) and the worsening of the climate emergency. This situation presents outcomes completely opposed to the promise of a better future, with greater prosperity and peace, which technological and scientific advances were supposed to bring to both people and the planet. These outcomes also demonstrate that we are wasting the opportunity to use technology, science, and global interconnectedness to achieve the aforementioned improvements (United Nations, 2024, Dec 22nd).
The global community needs to find real solutions capable of changing the course we are setting for the future of the planet and humanity.
In this regard, during the Summit of the Future, held in September 2024, world leaders made a series of commitments to sustainable development, financing for development, peace, international security, science, technology, innovation and digital cooperation, youth, future generations, and the transformation of global governance, establishing the “Pact for the Future” and its annexes: the “Global Digital Compact” and the “Declaration on Future Generations”, which aim to create international mechanisms to respond to current and future challenges and opportunities, striving for more security, justice, sustainability, and prosperity (United Nations, 2024, Sep).
In face to this scenario, environmental protection has become one of the greatest challenges for the global community. To address this, we need to mobilize all the means and resources available across various fields of knowledge. Among the tools available for environmental protection, ecological awareness and the transformative power of legal systems stand out, as well as the influences these instruments can have on each other in a mutual and continuous manner.
Increasingly frequent and severe extreme weather events are already affecting the European continent, posing serious threats to both the well-being of its citizens and its economies. Droughts are becoming more common and more intense, leading to reduced agricultural yields and higher rates of tree mortality (Buras et al., 2020). Coupled with rising temperatures, these conditions have resulted in an increase in wildfires, particularly in countries such as Greece and Portugal (European Forest Fire Information System, 2024). These fires not only devastate forests and biodiversity, but they also endanger public health and safety (European Climate and Health Observatory, 2024). Wildfires generally also release vast amounts of carbon into the atmosphere, which exacerbates climate change and creates a dangerous feedback loop (US Environmental Protection Agency, 2016).
While droughts and heatwaves are pressing issues, the opposite problem – excessive water – has be come a significant challenge as well, as flooding is the most frequent type of extreme weather event in Europe (CRED, 2021), with events like the 2021 floods in Germany and Belgium causing approximately 43 billion USD in damages. (Yale Climate Connections, 2022).
The impact of these events could increasingly threaten Europe’s economic interests by destabilizing key industries, such as agriculture, tourism or health care, and damaging billions worth of properties and infrastructure as climate change progresses. (Ciscar et al., 2011) A study indicated that Germany alone might face economic costs of up to 920 billion Euros by 2050 because of climate change. (GWS et al., 2022). But more importantly, these events endanger basic survival, as they can undermine food and water security and create public health crises. As Europe struggles to adapt, the increasing costs and risks highlight the urgent need for more comprehensive and innovative legal protection for the environment.
An innovative legal approach to better protect nature could be the concept of Rights of Nature (RoN). By granting natural entities “legal personhood” and therefore enabling them to have standing in court, it may become easier and more effective to protect the environment and climate from competing – often economic – interests.
The following chapters will delve into the idea of awarding legal rights to natural entities within the European context, drawing inspiration from the story of “Run Run,” a fox in Peru that was granted subjective rights.
Conclusion: Law is, and will ever be, a human (a societal) construct. As such, its instruments will always, tably, require human mediation. Given the seemly unstoppable acceleration of the ecological crisis, it is plausible that innovative proposals start to challenge the human-nature dualism enshrined in Law. Nevertheless, in doing so, some proposals risk fetishizing concepts, being merely performative without demonstrating real capacity to challenge the dualistic structure of the legal order. In fact, rights are a markedly humanistic juridical figure; therefore, transplanting them to non-human subjects generates a series of dogmatic problems, while reproducing the same individualistic worldview. The RoN are congenitally divisive and reductionist, forcing an unnatural enclosure of ecological systems in contained units and putting them in competition with other (human) rights. This is precisely what should be avoided if we take the present predicament seriously.
The focus of an authentically transformative legal theory should not be to extend the legal realm to colonize nature. On the contrary, the focus should be on integrating ecological dynamics into the legal order. Instead of giving rights to nature, we should be attributing humans stringent obligations towards nature. If the goal is to affect human behavior, which is the source of the immense devastation unraveling, then the reasonable way forward is to act on human behavior. It is the Law that must “ecologize”, not the other way around.
The debate surrounding the recognition of the Rights of Nature has gained global prominence, providing a legal and ethical approach that fundamentally reshapes societal perspectives on their connection with the natural world.
This paper explores the challenges of aligning the Rights of Nature with European societal values, highlighting how conventional Western legal systems and cultural attitudes have limited public support for Rights of Nature initiatives. The Rights of Nature (RoN) grants natural entities—such as rivers, forests, and ecosystems—inherent rights, akin to human rights, to exist and thrive independently of human use or exploitation. This perspective, deeply rooted in ecocentric values and often influenced by Indigenous worldviews, diverges sharply from the anthropocentric frameworks that have historically shaped European legal and environmental policies (Kauffman & Martin, 2017). Influential milestones, such as Ecuador’s 2008 Constitution and New Zealand’s 2017 Te Awa Tupua Act, have set significant precedents for RoN by recognizing ecosystems and natural entities as legal persons, affirming their intrinsic right to exist and regenerate without serving solely human interests (New Zealand Parliament, 2017; Constitution of Ecuador, 2008). However, these advances stand in contrast to Europe’s generally anthropocentric legal and cultural perspectives, which frame environmental protection as a means to safeguard human interests.
The following section provides an overview of the global RoN movement, underscoring its ecocentric and animistic roots, which emphasize nature’s intrinsic value and agency beyond human utility.
A closer look at Europe in section three reveals specific cultural, legal, and political barriers that hinder public support for RoN, including societal unfamiliarity with ecocentric ideals and an ongoing resistance to legal frameworks that prioritize nature's rights. This foundation helps illustrate why Rights of Nature remains an unfamiliar and often controversial concept in Europe, where environmental legislation predominantly supports human welfare and economic growth rather than advocating for nature's independent rights (de Lucia, 2015).
The challenges faced by public advocacy for Rights of Nature in Europe are examined in section four through the case of the Mar Menor Lagoon in southeastern Spain. This coastal lagoon, severely impacted by agricultural runoff and nutrient pollution, sparked public campaigns and regional support for its protection. Yet, despite these efforts, proposals to establish the lagoon’s legal personhood encountered substantial resistance. Opposition stemmed from concerns over economic interests, political inertia, and a general lack of societal awareness regarding RoN concepts (García Ruales, Hovden, Kopnina, Robertson & Schoukens, 2023; Guaita-García, Martínez-Fernández, Barrera-Causil, & Fitz, 2022).
In the fifth section, this paper advocates for a bottom-up, community-led approach to RoN in Europe, emphasizing the importance of decentralized solutions and public engagement as pathways to overcoming resistance. By fostering local awareness and encouraging grassroots movements, Europe may be better positioned to adopt Rights of Nature frameworks that reflect both ecological needs and societal values.
Through this analysis, the paper seeks to provide insights into the interplay between cultural ideologies, legal frameworks, and public perceptions that influence RoN's potential to reshape Europe’s approach to environmental protection.
The debate on whether nature should have its own rights has been carried out for decades, ever since the concept was introduced by Stone (1972). The intention has remained the same: protect natural entities within our anthropocentric world by using our own weapons. Although preserving the environment has become an even more urgent matter with the progressing loss in biodiversity, at the same time, legal instruments for its protection have evolved as well. This raises the question of the necessity of Rights of Nature. Were all those legal tools enforced in an effective and timely manner, would our environment be sufficiently protected from human interferences?
The current legal system, especially in European countries, is based on an anthropocentric view of the world. This grants natural entities protection only in their relation and worth to humans. Acknowledging nature’s inherent value might be a new innovative idea within western societies. However, it is a concept that has been practiced by indigenous peoples for a long time. Their ecocentric worldview has been eradicated from international and national law by colonialists (Guzmán, 2019). By introducing Rights of Nature in Europe, this ecocentric approach would be included in a legal system that is still based in a society in which anthropocentric views are deeply rooted. Despite the growing awareness of human effects on nature and the necessity to protect the planet as well as prevent further climate change, granting natural entities intrinsic rights would require a paradigm shift not only in European law systems but also in western societies (Peppoloni, 2024).
Since rapid action is vital for preserving our environment, it is questionable whether enough time remains for such a fundamental transition. Using and enhancing existing tools within the current system might be more effective. Therefore, the following article will show legal instruments already in place. As they are partly still lacking in their execution, room for improvement will be demonstrated, which would finally enable them to together provide sufficient protection for European nature. Namely, these tools include the Precautionary Principle, Human Rights, Nature Conservation laws and the possibility of litigation on behalf of the environment. These assessments will be made from a European point of view. It should be noted that analysing legal tools within other parts of the world rooted in different cultures might lead to divergent results.