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Three rivers are now legally people – but that's just the start of looking after them
In the space of a week, the world has gained three notable new legal persons: the Whanganui River in New Zealand, and the Ganga and Yamuna Rivers in India.
In New Zealand, the government passed legislation that recognised the Whanganui River catchment as a legal person. This significant legal reform emerged from the longstanding Treaty of Waitangi negotiations and is a way of formally acknowledging the special relationship local Māori have with the river.
In India, the Uttarakhand high court ruled that the Ganga and Yamuna Rivers have the same legal rights as a person, in response to the urgent need to reduce pollution in two rivers considered sacred in the Hindu religion.
What are legal rights for nature?Legal rights are not the same as human rights, and so a “legal person” does not necessarily have to be a human being. Take corporations, for example, which are also treated in law as “legal persons”, as a way to endow companies with particular legal rights, and to treat the company as legally distinct from its managers and shareholders.
Giving nature legal rights means the law can see “nature” as a legal person, thus creating rights that can then be enforced. Legal rights focus on the idea of legal standing (often described as the ability to sue and be sued), which enables “nature” to go to court to protect its rights. Legal personhood also includes the right to enter and enforce contracts, and the ability to hold property.
There is still a big question about whether these types of legal rights are relevant or appropriate for nature at all. But what is clear from the experience of applying this concept to other non-human entities is that these legal rights don’t mean much if they can’t be enforced.
Enforcing nature’s legal rightsWhat does it take to enforce the legal personhood of a river or other natural entity? First, there needs to be a person appointed to act on its behalf.
Second, for a right to be enforceable, both the “guardians” and users of the resource must recognise their joint rights, duties, and responsibilities. To possess a right implies that someone else has a commensurate duty to observe this right.
Third, if a case requires adjudication by the courts, then it takes time, money, and expertise to run a successful legal case. Enforcing legal rights for nature therefore requires not only legal standing, but also adequate funding and access to legal expertise.
And finally, any actor seeking to enforce these rights will need some form of legislative independence from state and national governments, as well as sufficient real-world power to take action, particularly if such action is politically controversial.
Both New Zealand and India face considerable challenges in ensuring that the new legal rights granted to the rivers are successfully enforced. At present, New Zealand seems significantly better prepared than India to meet these challenges.
In New Zealand, the new system for managing the river will slot into existing systems of government, whereas India will need to set up completely new organisations in a matter of weeks.
Granting legal rights to New Zealand’s Whanganui River catchment (Te Awa Tupua) has taken eight years of careful negotiation. The new legislation, introduced at the national level, transfers ownership of the riverbed from the Crown to Te Awa Tupua, and assigns a guardian the responsibility of representing Te Awa Tupua’s interests.
The guardian will consist of two people: one appointed by the Whanganui Iwi (local Māori people), and the other by the New Zealand government. Substantial funds have been set aside to maintain the health of the Whanganui River, and to establish the legal framework that will be administered by the guardian, with support from independent advisory groups.
In contrast, almost overnight, the High Court in India has ruled that the Ganga and Yamuna Rivers will be treated as minors under the law, and will be represented by three people – the director general of Namami Gange project, the Uttarakhand chief secretary, and the advocate general – who will act as guardians for the river. The court has requested that within eight weeks, new boards should be established to oversee the cleaning and maintenance of the rivers. Few further details of the proposed institutional framework are available.
Big questions remainIn both cases, there are still big questions about the roles and responsibilities of the rivers’ guardians.
How will they decide which rights to enforce, and when? Who can hold them to account for those decisions and who has oversight? Even in the case of the Whanganui River, there remain biting questions about water rights and enforcement. For instance, despite (or perhaps because of) longstanding concerns about levels of water extraction by the Tongariro Power Scheme, the legislation specifically avoids creating or transferring proprietary interests in water.
Ultimately, both of these examples show that conferring legal rights to nature is just the beginning of a longer legal process, rather than the end. Although legal rights can be created overnight, it takes time and money to set up the legal and organisational frameworks that will ensure these rights are worth more than the paper they’re printed on.
The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond the academic appointment above.
‘Moore’s law’ for carbon would defeat global warming
A plan to halve carbon emissions every decade, while green energy continues to double every five years, provides a simple but rigorous roadmap to tackle climate change, scientists say
A new “carbon law”, modelled on Moore’s law in computing, has been proposed as a roadmap for beating climate change. It sees carbon emissions halving every decade, while green energy continues to double every five years.
The carbon law’s proponents are senior climate-change scientists and they argue it provides a simple, broad but quantitative plan that could drive governments and businesses to make urgently needed carbon cuts, particularly at a time when global warming is falling off the global political agenda.
Continue reading...Europe poised for total ban on bee-harming pesticides
Exclusive: Draft regulations seen by the Guardian reveal the European commission wants to prohibit the insecticides that cause ‘acute risks to bees’
The world’s most widely used insecticides would be banned from all fields across Europe under draft regulations from the European commission, seen by the Guardian.
The documents are the first indication that the powerful commission wants a complete ban and cite “high acute risks to bees”. A ban could be in place this year if the proposals are approved by a majority of EU member states.
Continue reading...Fruit-shaped sensor 'can improve freshness'
Share your photos of these newly recognised cloud formations
As the International Cloud Atlas adds 11 “new” formations, including wave-like clouds known as asperitas, we’d like to see your pictures from around the world
Wave-like clouds long seen but never officially categorised in English-language meteorological circles now have their place in the International Cloud Atlas.
Related: Stunning 'new' cloud formations captured in updated atlas – in pictures
Continue reading...Stunning 'new' cloud formations captured in updated atlas – in pictures
Roll clouds and wave-like asperitas are among the additions to the new digital International Cloud Atlas, that dates back to the 19th century. It features hundreds of images captured by meteorologists and cloud lovers from around the world
Continue reading...Life giving water
Our most precious liquid
Dinosaur crater's clue to origin of life
Two quit Australian climate authority blaming government 'extremists'
John Quiggin and Danny Price resign over Coalition’s ‘rightwing anti-science activists’ and climate change political point-scoring
Two members of the Climate Change Authority have resigned, with one accusing the government of being beholden to rightwing, anti-science “extremists” in its own party and in the media.
John Quiggin told Guardian Australia he informed the federal minister for environment and energy, Josh Frydenberg, of his resignation on Thursday. It follows the resignation of fellow climate change authority member, Danny Price, who quit on Tuesday.
Continue reading...Night parrot sighting confirmed in Western Australia for first time in 100 years
Birdwatchers ‘elated’ after snapping photo of the endangered species in state’s arid interior in discovery that could significantly impact on mining developments
A night parrot has been photographed in Western Australia, adding another twist to the mysterious history of the species that was presumed extinct until it was rediscovered in Queensland four years ago.
It is the first verified sighting of the bird in WA for almost 100 years and follows a history of unverified sightings, disbelieved reports and futile ecological surveys that rivals the hunt for the (presumably still) extinct Thylacine in Tasmania.
Continue reading...Prickly nettles made pliant for the pot
Sandy, Bedfordshire Tiny spears pierce my trousers and the skin of my knee, releasing toxins that tingle with fiery heat
Under a hawthorn hedge and all along the bank grows one of Britain’s most feared and reviled plants. I kneel down before it and feel its power. Its hairs, just a few millimetres long and looking like icicle spears, have pierced both my trousers and the skin of my knee, releasing toxins that tingle with fiery heat.
Even so, I reach out to grasp one of these plants between thumb and forefinger. I have come not to curse nettles, but to pick them, for their stinging hairs have no answer to gardening gloves, and their ferocious leaves can be tamed in a saucepan.
Continue reading...