Rights of Nature

Does nature have rights? There is a growing global movement answering that question in the affirmative. But what does that mean and how does it function in legal and political systems? The Rights of Nature (RoN) movement(s) has the potential to revolutionize environmental law and our relationship to the planet. Many believe that existing environmental law is inadequate to solve the critical problems of climate change, habitat loss, and mass extinction. The RoN movement proposes strategies that include granting rights to nature through legal personhood and assigning property rights to rivers, culturally important plants, specific animals, and wildlife. The course explores both the promise and perils of this approach while also exploring the field’s multifarious origins, including Indigenous Law. By examining the concepts of rights, constitutionalism, standing, human rights law, and eco-centric law, students will gain an understanding of the context of the RoN movement. Although a powerful rhetorical concept, implementation of RoN as a legal strategy has been challenging and has met with mixed success. Fundamental questions of “who speaks for the trees” and what obligations are conferred when rights are granted are slowly being worked out in courts and national legislatures. These questions are particularly challenging where Western and Indigenous worldviews come together. Fundamentally, this seminar will explore what it takes to recognize the inherent rights of the natural world to “exist, thrive, and evolve.” Students will be evaluated through several written assignments, class presentations, and active and meaningful participation in seminar discussions. Students will be asked to engage in a term-long research project that examines a specific RoN case study.

Course Number
HS4114
Area of Study
Climate Change and Energy, Environmental Law & Politics
Course Level
Intermediate/advanced
Instructor
Ken Cline