A Short Introduction to the Rights of Nature

Preface

This work, originally written as my master’s thesis in Law (LLM) at Pompeu Fabra University, Barcelona in 2018, emerges at a critical juncture when Earth’s living systems face unprecedented ecological challenges. From climate change to biodiversity loss, with devastating impacts on all forms of life, the fundamental inadequacy of traditional environmental protection frameworks becomes increasingly apparent. This book aims to serve as an introductory guide to an emerging and transformative legal concept: the Rights of Nature.

The inquiry that led to this work began with a fundamental question: Why do existing environmental protection mechanisms consistently fail to prevent ecological degradation? The answer lies not in the mechanisms themselves but in their philosophical foundations. Current legal systems, built upon centuries of anthropocentric thought, remain fundamentally incapable of addressing ecological challenges that require recognition of nature’s intrinsic value and inherent rights.

This book examines the philosophical evolution and practical implementation of nature’s rights across three interconnected dimensions. First, it traces the historical development of human–nature relationships, revealing how religious doctrines, philosophical traditions, and economic systems have reinforced the subordination of nature. Second, it explores the theoretical foundations of nature’s rights, integrating classical philosophical critique with contemporary environmental ethics. Finally, and significantly, it provides a comprehensive analysis of how the rights of nature can be recognised and protected within international law. This international legal dimension examines both existing mechanisms and emerging frameworks, while addressing crucial questions of implementation, enforcement, and the role of international institutions in protecting nature’s inherent rights. This multi-layered analysis aims to demonstrate how international law can evolve to better recognise and protect the rights of all natural entities across jurisdictional boundaries.

While comprehensive in scope, this work is intended as an accessible introduction to the rights of nature movement. It aims to bridge the gap between theoretical discourse and practical implementation, illuminating pathways for recognising and protecting the inherent rights of all natural entities. The analysis draws upon diverse sources – from ancient philosophical texts to contemporary court decisions – to demonstrate how recognition of nature’s rights represents not merely an incremental improvement in environmental protection but a fundamental transformation in the relationship between human and non-human nature.

The urgency of this transformation cannot be overstated. As Earth’s life-supporting systems face accelerating deterioration, the need for fundamental reconceptualisation of environmental protection becomes increasingly apparent. The rights of nature movement offers pathways toward more effective ecological preservation – pathways that this book seeks to illuminate.

I am deeply grateful to Pompeu Fabra University Faculty of Law for providing an enriching academic environment during my LL.M. studies. I would also like to express my gratitude to Dr Serkan Köybaşı for sharing his valuable insights on this manuscript.

This book emerges from the recognition that human–nature relationships require fundamental transformation – not merely for the survival of individual species but for the flourishing of Earth’s entire living system. It is offered as both analysis and invitation: an analysis of how to better protect Earth’s intricate web of life, and an invitation to imagine and implement legal frameworks that recognise and protect the inherent rights of all natural entities.

Ecem ÇOBAN BİLİCİ

İstanbul, 2024

CHAPTER 1 The Evolution of Environmental Protection: An Introduction

The relationship between humanity and nature has undergone profound transformations throughout history. In antiquity, nature held a sacred status across diverse civilisations, embedded within religious cosmologies and cultural frameworks that afforded it a degree of protection, albeit insufficient to prevent anthropogenic environmental degradation. Even in these early periods, human activities – from the expansion of agriculture to urbanisation and warfare – exerted considerable pressure on natural systems, though at a scale incomparable to contemporary environmental challenges. This relatively stable paradigm experienced a fundamental shift with the emergence of rationalist philosophical movements and the expansion of anthropocentric religious interpretations that positioned humanity as nature’s designated steward. This transformation effectively dissolved the notion of nature’s inherent sanctity, fundamentally altering the human–nature relationship into what can be characterised as an increasingly asymmetrical interaction.

The formal recognition that ecosystems, water bodies, and atmospheric systems might warrant legal protection emerged belatedly in the late nineteenth century, marking a crucial transition in environmental consciousness.¹ This development coincided with advancing scientific understanding and industrial expansion, leading to the gradual evolution of environmental law. The post-World War II period marked a pivotal moment in this progression, as the vulnerability of the biosphere to human-induced deterioration gained widespread acknowledgement. The 1960s witnessed the crystallisation of these concerns into concrete legal frameworks, with developed nations implementing various environmental protection measures.² This period also saw the emergence of numerous non-governmental institutions and the development of diverse legal instruments, elevating environmental law from a purely domestic concern to an integral component of international legal discourse. By the 1970s, environmental law had established itself as an interdisciplinary field with international scope, characterised by the proliferation of institutions and multilateral agreements aimed at environmental preservation. However, despite this extensive legal and institutional evolution, the fundamental ecological crisis persists, suggesting the inadequacy of conventional approaches to environmental protection.

This historical progression reveals a crucial insight: while environmental law has evolved considerably in both scope and sophistication, it remains fundamentally rooted in the same anthropocentric paradigm that has historically characterised human–nature relations. The persistence and intensification of environmental degradation, despite increasingly comprehensive legal frameworks, suggests that the crisis we face today transcends conventional regulatory approaches. To fully comprehend the magnitude of our current ecological predicament and the inadequacy of existing legal responses, it is essential to examine the unprecedented scale and complexity of contemporary environmental challenges, particularly as they manifest in the current ecological crisis.