Ear arth L Law aw : : Rest storing N Nat ature’s R s Rights s in t the M Midst st of Envi nvironm nment ntal C Crisis Climate Change, Coasts & Communities Symposium Monm nmouth h Uni niversity Apr pril 18, 18, 2019 2019 Grant W ilson Directing Attorney, Earth Law Center
About Me Me To halt the decline of an ecosystem, it is necessary to think like an ecosystem. -Douglas P. W heeler
W hat i is “ “Rights o of Nature” ”W ildness is inherent in all people and organisms. [...] Yet almost all of our laws and our social governance structures suppress and stifle expressions of wildness and promote uniformity and control.” -Cormac Cullinan, W ild Law
Status us Q Quo uo o of O Our ur Legal S System 1. Nature treated as “property” under the law. 2. Ecosystems allowed to teeter on the brink of destruction. 3. Environmental laws limit but rarely reverse environmental degradation (CW A, ESA, CAA).
Result lt: Glo lobal l Env nvir ironm nment ntal l De Decline lines • 6th mass extinction. • 60% all vertebrates lost in last 44 years. • 57,000 large dams. • Climate change = ocean acidity, widescale biodiversity loss, even greater extinction rates.
Imp mpacts t to Commu mmunities • Increased rates of cancer, respiratory disease, birth defects. • Climate change = drought, wildfires, extreme heat, floods, water scarcity. • Decline in quality of life and connection to nature.
Urgen ent: W e e have 1 e 11 y yea ears • Difference between 1.5 v. 2.0 degree Celsius temp increase is monumental. • W e have only 11 years to get on track with necessary emissions cuts. • Basic climate change science understood and accepted between 1979-1989 ( 40 years ago! ). Source: IPCC’s “Global Warming of 1.5 ºC” report
Rights of Nature: “ “E-Laws 2 2.0” Corrects flaws with legal system Rights are always evolving • Nature has fundamental rights • Expansion of human to exist, thrive, be free from rights. pollution, restoration, etc. • Expansion of non-human • Goal: “Thriving ecosystems” rights. instead of “less degradation.” • Nature has a seat at the table.
Stat atus Q s Quo v. N Nat ature’s s Right t to a a Heal althy Clim limate Status us Q Quo uo Nature’s Rig ight ht to a Healt lthy hy Clim limate Carbon market (pay to pollute) and the No ”right to pollute”; economy reimagined to financialization of nature. support thriving ecosystems. Accountability to limit temperature increases to Loose, incentive-based commitments. 1.5 degrees. Ecosystems represented in negotiations Ecosystems have a seat at the table. and lawmaking indirectly. False solutions to climate change: Challenge overarching model of production & geoengineering, REDD+. consumption. 100% renewable energy.
Human an v. Nat ature’s Right t to a H a Heal althy C Climat ate Human R n Rig ight ht t to a Healt lthy hy C Clim limate Nature’s Rig ight ht to a Healt lthy hy Clim limate Note: e: Nature’s right to a healthy climate can, and should, be recognized along with the human right to a health climate Eco-centric perspective. Considers the Anthropocentric perspective. inherent value of nature. Focus on human adaptation. Focus on ecosystem adaptation. Ties into the larger Rights of Nature Ties into the larger human rights movement, weaving a global tapestry of movement. rights-based victories for nature.
The N e Nex ext Grea eat Rights M Movemen ent
Ecuado dor (2008) 2008), Bolivia (2012, 2012, 2014) 2014), Uganda da (2019) 2019) “Nature ... has the right to exis ist, persis ist, m main intain in it itself lf and reg egen ener erate… .” -Ecuador Constitution, Art. 71
Univer ersal Dec ecl. o of t the e Rights of M Mother er Earth “In the heart of the new society we want to create is the Rights of Nature, Rights of Mother Earth… ” -Pablo Solón, former U.N. Ambassador for Bolivia Global Alliance for the Rights of Nature
W hanganui R River – New Z Zea ealand “[The] Te Awa Tupua is an in indiv ivis isib ible le and liv livin ing whole le, comprising the W hanganui River from the mountains to the sea… .” -W hanganui River Claims Settlement Bill *Rights, powers, duties, and liabilities of a “legal person”
Atrato Ri River - Colombia [T]he Atrato River possesses inherent rights to “prot otection on, cons nservation, n, maint ntena nanc nce, an and restorat ation.” -Constitutional Court of Colombia
Colombian A Amazon
Col olom ombian A Amazon on - Suprem eme C e Court • Ruling: Government must create a plan to address deforestation, their main climate change driver. • Zero deforestation plans to be made by local governments. • Intergenerational pact for the life of the Colombian Amazon. • Colombian Amazon an "entity subject to rights.”
Local R Rights of Nature L Law aws • San anta M a Monica, ca, C CA (ordinance): “Natural communities and ecosystems possess fundam amental al an and inal alienab able r rights t s to exist st an and f flourish sh… .” • Cr Crestone, CO CO (resolution): “… nature, natural ecosystems, communities, and all species possess in intrin insic ic a and inalie lienable le r rig ights… .” • Lafayet ette, e, CO (ordinance): “All residents and ecosystems of the City of Lafayette possess a right to a h a heal althy cl climat ate.”
International E Efforts • United Nations – Harmony with Nature Initiative • International Union for Conservation of Nature • Defining ecocide as a crime at the ICJ .
W hat D t Does i it t Amount to t to?
Earth L Law C Cen enter er’s Rec ecen ent Efforts
San anta M a Monica • Santa Monica residents “possess fundamental and inalienable rights” to a “sustainable climate that supports thriving human life and a flourishing biodiverse environment” and “sustainable energy future based on renewable energy sources.” • Implemented into Sustainability Plan.
Rig ights of Nature in in B Bould lder
Rig ight hts of Natural l Forests in E in El l Salv lvador All natural forests in El Salvador are legal entities that are subjects of fundamental rights, including: 1. the right to life; 2. the right to integral health; 3. the right to exist free from pollution, including its air, water, and soil; 4. the right to natural habitat; 5. the right to support native biodiversity and all naturally occurring species; 6. the right to restoration; 7. 7. the r right t to a a su sust stai ainab able cl climat ate; and 8. the right to independent legal guardianship to secure all of these rights. The King Vulture Wikipedia
Env nvir ironm nment ntal l Rig ight hts in in El l Salv lvador • “All current and future generations of humans also possess fundamental rights that are dependent upon effectuating the rights of natural forests.” • Rights of Nature becoming a national movement.
Earth h Law Cent nter: R Right hts o of R Rive vers • Universal Declaration of the Rights of Rivers (pictured right). • Active campaigns: 1. Mexico 2. US (e.g., Boulder) 3. Colombia 4. Nigeria 5. Serbia 6. France 7. Pakistan 8. And more
Ri River Et Ethiope - Nig igeria ia
Tenocht htitlan
Mexic ico C Cit ity
Rio M Mag agdalena a & Atoyac - Mexico
Indus Ri River - Pak akistan an
Ocean R Rights • Framework for Marine Protected Areas • Framework for Coral Reef Protection – what if coral reefs had rights? • Rights for the Salish Sea. • Nature’s right to a healthy climate in island nations.
Amic icus B Brie iefs • Educates courts on the Rights of Nature. • Campaigns in Colombia, Ecuador, USA, Canada, and Europe. • Template amicus brief on nature’s right to a healthy Special thanks to Constanza Prieto Figelist climate.
Anchicayá yá Ri River – Colo lombia ia ( (Amic icus) Lawyer : German Ospina Muñoz
Dulcepa pamba ba Ri River – Ecu cuador ( (Amicu cus) s)
Co Co-Vio iola latio ions o of Rig ights • Rights of nature violations frequently overlap with human rights violations. • Disproportionately impacts indigenous groups and other frontlines defenders. • How we treat nature reflects how we treat each other. • Climate change fuels co-violations.
Rights of Nature E Education • Earth Law course taught at VLS, 2013. • Earth Law Society. • High school mock trials. • Legal training (e.g., W CEL). • Courses in Australia, Brazil, Europe.
Earth L Law C Casebook ook for or Law S School ools • Earth Law casebook for law schools in 2020. • Rights of nature and related movements: animal rights, public trust doctrine, ecocide, etc. • Goals 1: Train the next generation of rights of nature lawyers. • Goal 2: Expose all legal professionals to the rights of nature.
Recommend
More recommend
