Earth Law Center Blog
Whale Personhood in Polynesia
In March 2024, Indigenous leaders from across Polynesia including Aotearoa (New Zealand), Tonga, Tahiti, Hawai’i, and the Cook Islands signed He Whakaputanga Moana (Declaration for the Ocean), recognizing whales as legal persons with inherent rights. Whale populations have suffered significant decline globally due to human activities. Whilst not a binding international treaty, the Polynesian call to grant personhood to whales is sparking conversations around utilizing Indigenous knowledge to protect whales and combat anthropogenic climate change.
The Marañón River Case, Ríos Protegidos Intiative, Native Stingless Bee Project, and More: Six Months in Action with the ELC Latin America Legal Team
ELC’s Latin America Legal Program has developed 4 pillars of our work: 1) Environmental justice initiatives, 2) Nature defenders and human rights initiatives , 3) Legislative and policy initiatives, 4) Global advocacy and movement building initiatives. Together with our partners, we currently have active projects in 5 countries in South and Central America. We have shared our expert insights in more than 20 environmental lawsuits, contributed to the formulation of 15 environmental bills, and successfully passed 4 laws recognizing the Rights of Nature.
Rights of Nature and Ecocide: A Literature Review
Most authors to date view ecocide as a helpful extension of Rights of Nature theory into criminal law. Of course, there would be limitations in the ICC’s enforcement against ecocide, but the move to include ecocide as an international crime against peace nonetheless advances the global narrative on the Rights of Nature. Already, laws against ecocide in France, Belgium, and other countries around the world provide deeply imperfect but useful frameworks for implementing ecocide into national and international law.
ELC Helps Train Nile River Basin Journalists on the Rights of Nature
in the spring of 2024, Earth Law Center (ELC) entered into a year-long collaboration with water journalists from the InfoNile program, including a five-day online training program for Nile River journalists, which was held March 18-21st, 2024, in conjunction with World Water Day (March 22nd), and which focused on the Legal Personhood of the Nile River. Based on the strength of InfoNile’s journalist network and background in training journalists in water, environmental, and science and data journalism, 20 journalists from 11 countries along the Nile River were selected to enroll in the journalists’ certification training on Legal Personhood of the Nile River, with the goal of reporting impactful stories on the Rights of Nature.
The Rights of Future Generations and the Summit for the Future
In this blog post, we break down key terms and concepts related to rights of future generations, Summit of the Future, and Pact for the Future. We also explore the actions of countries with established protection and representation of the rights of future generations and share our suggestions on language for the Pact for the Future.
Nine Important Results from the Escazú COP3
Progress updates on implementation of the Escazú Agreement, which is the first international treaty in history to enshrine rights for those considered defenders of Nature, in order to reinforce the protection of human rights in environmental matters. Likewise, it promotes the implementation of management and governance mechanisms in environmental matters, involving vulnerable groups such as youth, women, and Indigenous peoples in the process.
Re-envisioning Riverscapes and Urban Riverfronts in India: Toward Ecological and Social Harmony
As India undergoes rapid urbanization and experiences a surge in urban population, the issue of urban water security, intertwined with impacts of climate change, looms larger than ever. Amidst these pressing needs, a concerning trend to “develop” and “beautify” riverfronts in urban areas has emerged. The misallocation of public funds for such projects neglects alternative approaches such as Rights of Nature governance for river restoration and rejuvenation initiatives, which would better serve environmental conservation and community interests.
ELC Latin America Team to Cohost Official Side Event at Escazú Agreement COP 3 (Zoom webinar registration link below)
ELC Latin America Team to Cohost Official Side Event at Escazú Agreement COP 3 (Zoom webinar; registration link below)
Rights of Nature or Wrongs to Nature? The Denial of Legal Personhood to Nature in the UK
Defra’s “firm position” that rights cannot be given to Nature falsely conceives of the law as a static entity bound by predetermined “fundamental principles.” On the contrary, the UK’s uncodified constitution gives lawmakers a great deal of flexibility to enact statutes that reflect the evolving understanding of who or what has intrinsic value and deserves rights.
The Global Plastics Treaty and "Plastics Justice"—A Primer
Led by Ocean Program Director Rachel Bustamante, Earth Law Center (ELC) recently released a report entitled “Advancing Ocean Justice in the Global Plastics Treaty.” You can find more information, including links to the full report and a related press release, on ELC’s Ocean Plastics webpage. In this blog post, we break down some key terms and concepts related to plastic pollution, the Global Plastics Treaty, and plastics justice, ending with ways that anyone can get involved in this critically important issue.
Peru's Marañón River Wins Recognition of Rights and Indigenous Guardianship in Court
Earth Law Center (ELC) celebrates an important victory obtained for the Marañón River on March 18, 2024. The Kukama Indigenous women of Santa Rita de Castilla, and legal nonprofit Instituto de Defensa Legal (IDL), obtained a historic ruling recognizing the river as a holder of inherent rights—the first such ruling in Peru. With ELC’s Latin America Legal Program having supported the case since its inception, we are thrilled to see this development.
An Interview with Rabbi Anson Laytner, Translator of "The Animals' Lawsuit Against Humanity"
In this interfaith and multicultural fable, eloquent representatives of all members of the animal kingdom—from horses to bees—come before the respected Spirit King to complain of the dreadful treatment they have suffered at the hands of humankind. During the ensuing trial, where both humans and animals testify before the King, both sides argue their points ingeniously, deftly illustrating the validity of both sides of the ecology debate.
Coalition Spotlight: Ríos Protegidos
Earth Law Center is proud to announce joining the Ríos Protegidos initiative, a space that seeks to strengthen the protection of Chile’s rivers by applying existing tools, recognizing gaps and opportunities in river conservation and restoration, and promoting new legislation on protected and restored rivers. ELC’s Latin America Legal Program recently participated in a workshop to promote the conservation and permanent restoration of rivers in the Aysén region—a huge, sparsely populated area in southern Chile that is home to volcanoes, massive ice fields, and other natural wonders.
Dam Removal 101: Why Earth Law Supports Free-Flowing Rivers
Since Earth law highlights our moral and sacred obligation to prevent species extinction and catastrophic ecosystem degradation, it places paramount importance on the fact that free-flowing rivers are essential for maintaining healthy ecosystems and biodiversity.
Utah Advances Anti-Rights of Nature Bill with Implications for Artificial Intelligence
The Utah state legislature has in recent months been advancing anti-Rights of Nature legislation in the form of H.B. 249, which now awaits the governor’s signature. The bill, known as the “Utah Legal Personhood Amendments,” would explicitly prohibit state governmental entities from granting legal personhood to bodies of water, land, plants, nonhuman animals, and other categories—including artificial intelligence.
"Green Amendments" and the Right to a Healthy Environment
You may be surprised to learn that federally, and within the majority of states, the human right to a clean, healthy, and sustainable environment is not an essential right afforded to the people. What can be done to change that?
Earth Law Center Advocates for the Rights of Peru's Marañón River
A major court ruling on a case against Peruvian state oil company Petroperu, as well as the Regional Government of Loreto and other state entities, is expected in the coming weeks. It has the potential to establish the river as a rights-bearing entity, which would make it the next in a growing list of rivers in South America to have been recognized as having rights.
Nederland Appoints Guardians for Boulder Creek Watershed
The town of Nederland, Colorado, located in the mountains west of Boulder, has appointed two guardians on behalf of Boulder Creek and its watershed, whose rights they previously recognized via town resolution. This move is being celebrated as the first time people have been appointed legal guardians for Nature within the U.S.
Welcome to the Wonderful World of Earth Law
Earth law is the emerging body of law that will protect, stabilize, and restore the functional interdependence of Earth's life and life-support systems at the local, bioregional, and global levels. Earth law may be expressed in constitutional, statutory, common law, and customary law, as well as in treaties and other agreements both public and private.
