2018
DOI: 10.1162/glep_a_00481
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Constructing Rights of Nature Norms in the US, Ecuador, and New Zealand

Abstract: Governments around the world are adopting laws granting Nature rights. Despite expressing common meta-norms transmitted through transnational networks, rights of Nature (RoN) laws differ in how they answer key normative questions, including how to define rights-bearing Nature, what rights to recognize, and who, if anyone, should be responsible for protecting Nature. To explain this puzzle, we compare RoN laws in three of the first countries to adopt such laws: Ecuador, the US, and New Zealand. We present a fra… Show more

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Cited by 57 publications
(38 citation statements)
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“…There is even more research discussing integration of Indigenous knowledge and Western science for disaster risk reduction (e.g. Mercer et al, 2007Kelman et al, 2012), but this is outside the scope of this review.…”
Section: Overview Of International Research At the Interface Of Indigmentioning
confidence: 99%
See 1 more Smart Citation
“…There is even more research discussing integration of Indigenous knowledge and Western science for disaster risk reduction (e.g. Mercer et al, 2007Kelman et al, 2012), but this is outside the scope of this review.…”
Section: Overview Of International Research At the Interface Of Indigmentioning
confidence: 99%
“…The UNDRIP formalised obligations of participating governments to support and protect Indigenous communities' rights to maintain cultural heritage, traditional knowledge, expression of their sciences, oral traditions, and technologies (UN General Assembly, 2007) and created a platform on which mixed-methods research can be formulated, discussed, and carried out. To date, legal and constitutional initiatives that build upon UNDRIP policies and establish the rights of nature -the recognition that nature has legal rights (Cano Pecharroman, 2018) -have occurred in Bolivia, India, New Zealand, Australia, the United States, and Ecuador (Boyd, 2017;Brierley et al, 2018;Kauffman and Martin, 2018;O'Donnell and Talbot-Jones, 2018). Though these advances and recognitions are most prevalent in the policy sphere, they are transferrable to scientific research and have, in a few cases, acted as guidelines for culturally responsible and respectful research at the interface of Indigenous knowledge and Western science.…”
Section: Introductionmentioning
confidence: 99%
“…In theory, this commits Ecuador to extensive state protection of wild nature, while in practice Ecuador's economy still heavily relies on extractive industries. Since its implementation, several lawsuits on behalf of nature have been filed with mixed success (Kauffman and Martin 2017) and despite some setbacks, what has been called Earth Jurisprudence is becoming more salient (for an analysis of different cases see Kauffman and Martin 2018). For example, rivers such as the Ganges in India or the Whanganui River in New Zealand have been attributed legal rights as entities in their own right (Ito 2017, Tanasescu 2017.…”
Section: Practical Usefulnessmentioning
confidence: 99%
“…These laws codify the idea that the environment should be defended for its own sake and acknowledge both the spiritual and intrinsic values of nature (Knauẞ ). In some cases, the shift to such laws that enshrine the rights of nature have been supported by conceptions of the rights of nature that are products of or influenced by non‐Western cosmologies (Kauffman & Martin ).…”
Section: An Agenda For Culturally Responsive Conservationmentioning
confidence: 99%
“…Considering the interests of nonhumans and allowing them to evolve and adapt would be an important step toward a more inclusive human ethic (Burdon ). From these new principles could derive new laws framing a new conservation ethic and legal framing for a renewed ecological governance (Woolley ; Kauffman & Martin ; Washington et al. ).…”
Section: An Agenda For Culturally Responsive Conservationmentioning
confidence: 99%