Strengthening Environmental Protection (HL IB ESS OLD COURSE - IGNORE)
Revision Note
Written by: Alistair Marjot
Reviewed by: Bridgette Barrett
Legal Personhood for Environmental Protection
Legal personhood refers to entities, such as individuals or corporations, which are recognised as having legal rights and responsibilities, just like a person
Recently, there have been an increasing number of laws granting legal personhood to natural entities, such as rivers, forests, mountains or even whole ecosystems
This improves the environmental protection of these natural entities
For example, in 2017, the High Court of Uttarakhand in India granted legal personhood to the Ganges and Yamuna rivers, declaring them "living entities" to ensure their protection and conservation
Benefits of granting legal personhood to natural entities
Stronger environmental protection:
Granting legal personhood to natural entities gives them the legal standing to advocate for their own protection
This can lead to stronger legal safeguards to protect natural entities from damaging human activities
Similarity to corporate personhood:
The concept of legal personhood for natural entities is like the established practice of granting legal personhood to corporations, which allows them to own property, enter contracts and sue or be sued in court
Alignment with Indigenous knowledge systems:
Many Indigenous cultures see nature as interconnected and sentient, with no distinction between humans and the environment
Granting legal personhood to natural entities respects these views and recognises the importance of Indigenous knowledge systems
Environmental value systems:
Legal personhood of natural entities follows the ecocentric (nature-centred) approach by recognising the intrinsic value of nature beyond its benefit to humans
Rights-based ethics:
This approach emphasises the inherent rights of all beings to exist and flourish
Case Study
Whanganui River Claims Settlement Act
In 2017, the New Zealand parliament enacted the Whanganui River Claims Settlement Act, marking a historic milestone in Indigenous rights and environmental legislation
This legislation was created in response to the longstanding grievances of the Māori people, who consider the Whanganui River as a sacred and integral part of their cultural identity
The Act grants legal personhood to the Whanganui River (Te Awa Tupua), recognising it as a living entity with its own rights and interests
This recognition acknowledges the river's intrinsic value
Concepts Relating to the Whanganui River Claims Settlement Act
Concept | Explanation |
|---|---|
Te Awa Tupua | This term refers to the Whanganui River itself In Māori culture, rivers are often personified and regarded as living entities with their own mana (spiritual power) Te Awa Tupua embodies the spiritual and cultural significance of the Whanganui River to the local Māori communities |
Te Pou Tupua | This term refers to the governance structure established by the Whanganui River Claims Settlement Act to represent and protect Te Awa Tupua Te Pou Tupua is a single role carried out by two individuals who are appointed to act as legal guardians and advocates for the river's health and well-being They have the authority to make decisions on behalf of the river and ensure its interests are upheld in legal proceedings and management practices |
The Act allocates financial resources for the restoration and protection of the Whanganui River, acknowledging the need for active conservation efforts to protect its ecology and cultural significance
This funding demonstrates a commitment to the river's long-term sustainability and acknowledges its vital role in supporting biodiversity and community livelihoods
The Act also triggered the creation of a river strategy group tasked with developing and implementing a long-term management plan for the Whanganui River
This ensured the continued involvement of different stakeholders in the river's future, including Māori communities, environmental experts and the government
The Act is a landmark case that recognises bio-rights and grants legal personhood to natural entities
By giving the Whanganui River legal status and protection, New Zealand acknowledges the interconnectedness of human and environmental well-being
It also sets an example on how to approach governance and resource management in an inclusive and sustainable way
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