Comparative analysis of Rights of Nature (RoN) case studies worldwide: Features of emergence and design

Abstract

We provide a descriptive comparative analysis of features related to emergence and design among 14 Rights of Nature (RoN) case studies worldwide. For analysis, we develop a schematic roadmap in which we categorise RoN into case studies with public guardianship and ones with appointed guardians (termed Environmental Legal Personhoods (ELPs) with further sub-categories of indirect, direct and living ELPs). Our findings suggest that RoN case studies emerged under similar circumstances where existing governance structures had been unable to protect natural environments from continued economic (urban, agricultural and industrial) activity by multiple economic actors. The strong role of local community and Indigenous Peoples in advocacy for RoN point to a divide between in situ communities and external economic agents, allowing for eco-centric value systems to emerge in juxtaposition to existing governance structures. We find that the design of RoN, however, varies in geographical entity, legal framework, legal status and guardianship. Poorly defined liability of guardians and economic agents have led to the overturning of two case studies, which stands in contrast to well-defined rights and liabilities in other case studies, suggesting that attention to liability may be an important building block for the effectiveness of RoN to protect biodiversity.