Using the public trust doctrine to achieve ocean stewardship

Turnipseed, Mary; Blumm, Michael C.; Currie, Duncan; Gjerde, Kristina M.; Sand, Peter H.; Wood, Mary Christina; Berkman, Julie A. Hambrook; Longest, Ryke; Osherenko, Gail; Roady, Stephen E.; Sagarin, Raphael D.; Crowder, Larry B.

doi:10.1017/cbo9781107337961.029

Cited by 3 publications

(2 citation statements)

References 17 publications

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“…100 Yet, this idea of common trusteeship is rarely fully integrated into international treaties. 101 In terms of treaty law, the Aarhus Convention is one of the few binding treaties that encourages all actors to accept their custodial stewardship duties in order to benefit present and future generations. 102 The GBF acknowledges the important roles and contributions of Indigenous peoples and local communities as 'custodians' of biodiversity and as partners in its conservation, restoration, and sustainable use.…”

Section: Caring and Speaking For Nature: Decolonizing Stewardship?mentioning

confidence: 99%

Creating Synergies between International Law and Rights of Nature

Gilbert

2023

TEL

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Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.

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Section: Caring and Speaking For Nature: Decolonizing Stewardship?mentioning

confidence: 99%

Creating Synergies between International Law and Rights of Nature

Gilbert

2023

TEL

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“…Wagner [45] points to the failure of environmental law to produce information on health and the environment, stating that existing environmental law currently fails to counteract any actor's natural inclinations to remain silent about the harm they are causing to the environment. Others, for example, warn of the lack of adequately developed and the fragmented environmental governance in marine areas beyond jurisdiction (ABNJ), which leads to more damaging human activity without effective environmental impact assessment [46] and call for a more fully realized public trust doctrine [47].…”

Section: Implementation Of "Wild Law" Through Environmental Constitutmentioning

confidence: 99%

The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

Rühs

Jones

2016

Sustainability

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To date, international processes associated with sustainable development have not led to an internationally legally binding framework that adequately addresses the challenges we face. Human influence on the planet has led to the adoption, although not universally accepted, of the term Anthropocene to define our new relationship with nature. This paper aims to look at the role and rule of law in the making of society and, more importantly, the arguments for a shift in the paradigm from an Anthropocentric ontology to a more Earth-centered one. We critique the current approach to sustainable development and environmental protection, review arguments on the Rights of Nature and explore the potential for the concept of Earth Jurisprudence building on current literature. In particular, the paper outlines that a constitutional right of nature is needed to address the challenges that we now face globally. To this end, we also examine in detail the case study of the constitution of Ecuador where the rights of nature have been codified. We outline some of the key issues involved in this proposed approach to new legal frameworks and make recommendations for future research.

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Ocean Governance, Blue Economy and the Constitution of Bangladesh: Emerging Rights of the People and Nature

Karim

2023

The Constitutional Law of Bangladesh

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Using the public trust doctrine to achieve ocean stewardship

Cited by 3 publications

References 17 publications

Creating Synergies between International Law and Rights of Nature

Creating Synergies between International Law and Rights of Nature

The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature

Ocean Governance, Blue Economy and the Constitution of Bangladesh: Emerging Rights of the People and Nature

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