Rights of Nature: Perspectives for Global Ocean Stewardship

Harden‐Davies, Harriet; Humphries, Fran; Maloney, Michelle; Wright, Glen; Gjerde, Kristina M.; Vierros, Marjo

doi:10.1016/j.marpol.2020.104059

Cited by 44 publications

(33 citation statements)

References 36 publications

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“…4) is a legal argument that evolved in environmental law to shift the legal status of the environment from an object (e.g. a forest or river) to identifying the environment as an independent legal subject (Harden-Davies et al 2020). This argument-known as "nature jurisprudence"-posits that with legal personhood of the environment comes all the protection due under national and international statute (McDonough 2020).…”

Section: Listening and Learning From Indigenous Voicesmentioning

confidence: 99%

Traditional ecological knowledge in restoration ecology: a call to listen deeply, to engage with, and respect Indigenous voices

Robinson

Gellie

MacCarthy

et al. 2021

Restoration Ecology

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The United Nations heralded 2021-2030 as the UN Decade on Ecosystem Restoration. A socioecological approach to restoration has been proposed that honors the diversity in ecological landscapes and their respective cultures and peoples with the goal of repairing degraded ecosystems. Indigenous peoples are intimately interconnected with landscapes, which are under mounting pressure from anthropogenic global environmental change. Article 31 of the UN Declaration on the Rights of Indigenous Peoples states the rights of Indigenous peoples to maintain, protect, and control their culture and traditional ecological knowledge (TEK); however, these rights have not always been acknowledged. We are concerned that large global restoration goals will continue to promote TEK extraction that further perpetuates inequities and discrimination of Indigenous peoples. If the restoration sector wishes to partner with Indigenous communities leading TEK efforts, it needs to understand established international agreements and proactively protect intellectual property and data sovereignty rights. To illustrate a theme of ethical engagement, we present risks to TEK integrity while highlighting engagement that has successfully promoted Indigenous leadership and self-determination. We propose that a decade of responsible and respectful restoration will be achieved only with shared principles and an ethical code of conduct for TEK partnerships. We argue that deep listening with Indigenous peoples and engagement with humility and respect needs to be the starting point. Finally, we propose an Indigenous-led workshop to reimagine and re-develop equitable ways forward for TEK partnerships in restoration, with explicit considerations for the rights, livelihoods, and leadership of Indigenous peoples.

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Section: Listening and Learning From Indigenous Voicesmentioning

confidence: 99%

Traditional ecological knowledge in restoration ecology: a call to listen deeply, to engage with, and respect Indigenous voices

Robinson

Gellie

MacCarthy

et al. 2021

Restoration Ecology

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“…Recognizing the intrinsic value of the ocean and its biodiversity, and upholding their legal rights to exist, flourish, and evolve, could provide the paradigm shift we need (14,15). This could transform the relationship between humans and the ocean, with the ocean respected as a rights-bearing entity rather than as a resource to be exploited (16). This could also lead to entities seeking restitution when nature in ABNJ is harmed through regulatory failure (14).…”

Section: Equity As a Guiding Principlementioning

confidence: 99%

Transformational opportunities for an equitable ocean commons

Claudet

Amon²,

Blasiak

2021

Proc. Natl. Acad. Sci. U.S.A.

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A frontier mentality has been a defining aspect of human history. Often this sentiment is optimistically framed in the language of aspirations and opportunities. But it can also be accompanied by unsavory narratives of over-exploitation, inequity, and conflict (1). If any place on Earth can be considered a final frontier, it is perhaps the ocean's "areas beyond national jurisdiction" (ABNJ), which are both distant (generally starting some 370 km from coastlines) and vast (covering nearly 40% of the planet's surface). It is also the subject of ongoing United Nations negotiations for a treaty on the conservation and sustainable use of marine biological diversity found in areas beyond national jurisdiction (typically shortened to BBNJ, https://www.un.org/bbnj/). However, if current trajectories of expansion of human activities in the oceanTo preserve the global ocean commons, we need to explicitly focus not just on scientific questions worthy of investigation but also on building up the capacity of emerging and future researchers. Image credit: Shutterstock/LeQuangNhut.

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“…In New Zealand, for example, the Te Urewera Forest and the Whanganui River or Te Awa Tupua are defined as legal entities with "all the rights, powers, duties, and liabilities of a legal person" (Te Urewera Act, 2014; Te Awa Tupua, 2017). A Rights of Nature approach could be applied to the oceans (David, 2017;Harden-Davies et al, 2020) alongside the precautionary principle and sustainable development concepts. A legal instrument that grants rights to an ocean is years away from being formulated and implemented, but the concept behind it is one of holistic and coherent rather than fragmented protection.…”

Section: The Lack Of Equitable Benefit Sharing With the Global Communitymentioning

confidence: 99%

Challenging the Need for Deep Seabed Mining From the Perspective of Metal Demand, Biodiversity, Ecosystems Services, and Benefit Sharing

et al. 2021

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The extraction of minerals from the seabed of the deep oceans is of increasing interest to investors, mining companies and some coastal states. To date, no commercial-scale deep seabed mining has taken place but there is considerable pressure for minerals mining to become an economic reality, including to supply the projected demand for metals to support a global transition to renewable energy. At the same time, the full environmental impacts of deep seabed mining are difficult to predict but are expected to be highly damaging, both within, and perhaps well beyond, the areas mined. Here, we reflect on the considerable uncertainties that exist in relation to deep seabed mining. In particular, we provide a perspective on: (1) arguments that deep seabed mining is needed to supply minerals for the green energy revolution, using the electric vehicle battery industry as an illustration; (2) risks to biodiversity, ecosystem function and related ecosystem services; and (3) the lack of equitable benefit sharing to the global community now and for future generations. We explore the justification for a global moratorium on deep seabed mining to ensure protection of marine ecosystems, the need to focus on baseline research, and how improved governance of targeted marine regions could be key to the preservation and conservation of the ocean biome.

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Rights of Nature: Perspectives for Global Ocean Stewardship

Cited by 44 publications

References 36 publications

Traditional ecological knowledge in restoration ecology: a call to listen deeply, to engage with, and respect Indigenous voices

Traditional ecological knowledge in restoration ecology: a call to listen deeply, to engage with, and respect Indigenous voices

Transformational opportunities for an equitable ocean commons

Challenging the Need for Deep Seabed Mining From the Perspective of Metal Demand, Biodiversity, Ecosystems Services, and Benefit Sharing

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