Wild side of the law -- giving nature rights

Comment by Begonia Filgueira and Ian Mason in the Guardian (UK): If societies express their values through the laws they make, one single legal change would completely transform our understanding of the ­relationship between nature and humankind: giving nature rights. And that change would be our best weapon in fighting climate change because it would give nature a voice on how we regulate the earth. The idea of "wild law" has been around since the 1960s, when writers questioned whether trees should have standing. But now enacting those ideas is a matter of our survival on this planet.

Laws that recognise the world as a legal person with rights and remedies that can be enforced nationally and internationally would create a duty of care towards the environment. It is strange that we have a duty of care towards our "neighbour", but that in law nature is not considered our neighbour. If we value the natural world we need for life, we can prove it by giving it and its components – rivers, forests, species, habitats, ecosystems – sufficient standing in law to enable proceedings to be brought on their behalf. Our legal system already does this for "non-­persons" such as companies, charities, clubs and others.

Give the sea rights, and overfishing would not be a matter of quotas set by governments but of balancing the rights of fish and humans. If the atmosphere could be a legal entity, its representative would have a say in carbon trading. A river with a right to flow continually being harmed by damming would require the courts to intervene in deciding whether the human need is greater than that of the river to subsist. This is not as far fetched as it sounds.

…Practically, how do we do this? Our courts could expand the definition of who our neighbour is to include nature and thus create a legal duty of care toward the earth. At EU level we then pass a declaration of nature's rights, which would, like the declaration of human rights, be implemented by each of the member states in an Earth Rights Act like our Human Rights Act. This would be enforced by our national courts and influence the regulators' decision-making….

"The Dream," by Henri Rousseau, 1910