The Rights of Nature Movement: Legal, Cultural, and Policy Challenges in Implementing Eco-Centric Laws
The recognition of nature’s rights and the legal personhood of ecosystems is earning propulsion as an eco-centric legal framework, depicting an archetype shift in environmental law. This research explores the inception and advancement of this concept across different jurisdictions, centering Bangladesh, India, New Zealand, and Ecuador. They took essential footfalls to grant legal individuality to rivers, forests, and other ecosystems, aspiring to protect them from deterioration and ensure viability. Ecuador headed the validation of nature’s rights by preserving the concept in their 2008 Constitution, granting ecosystems the right to exist, replenish, and evolve. The Vilcabamba River case, which was a landmark, demonstrates the application of such rights in environmental conflicts. This research appraises the legal, cultural, and environmental connotation of these eco-centric accesses, comparing them across jurisdictions. It probes the persuasiveness of legal personhood in addressing ecological challenges and the disparity in implementation that frustrates its broader adoption. In addition, it tests how this legal modernization converges with Indigenous rights, sustainable development, and environmental justice, recommending pathways for the creation of a legal framework across-the-board that perceives the deep-seated value of nature. By analyzing the accomplishments and circumspection of these pioneering countries, this study contributes to the ongoing dialogue on establishing an internationally recognized eco-centric legal system for the protection of ecosystems.
Authors
- Syeda Afroza Zerin (ORCID: https://orcid.org/0009-0004-8601-0310)
- Rawnak Miraj Ul Azam (ORCID: https://orcid.org/0009-0005-7818-895X)
- Fahim Faisal Khan Alabi
Publication Details
- Journal
- Journal of Environmental Law & Policy
- Published
- 2025-04-15
- DOI
- https://doi.org/10.33002/jelp050104
- Citations
- 3
- Primary Topic
- Environmental law and policy
- Type
- article
- Field-Weighted Citation Impact
- 47.95