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EARTH RIGHTS Begonia Filgueira. Earth Rights. “What legal mechanisms exist for and what are the obstacles against granting Earth Rights?” What environmental protection exists and why it has not worked Argue the case for Earth Rights. Environmental law principles. Polluter pays principle
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Earth Rights “What legal mechanisms exist for and what are the obstacles against granting Earth Rights?” • What environmental protection exists and why it has not worked • Argue the case for Earth Rights
Environmental law principles Polluter pays principle Sustainable development Precautionary principle
Sustainable development “Development that meets the needs of the present without compromising the ability of future generations to meet their needs”
Failure • Aim to protect human health not the environment • Aim to preserve Earths’ “natural resources” for human consumption • Lack of a holistic view of the Earth as a living organism • No interdependent earth community • No earth rights
Advocates of Earth Rights 1972Christopher Stone - “Should Trees Have Standing?”
Advocates of Earth Rights 1999 - Earth Jurisprudence, Thomas Berry “There can be no sustainable future..unless the inherent rights of the natural world …are recognised as having legal status.”
Thomas Berry’s rights • Right to be • Right to habitat • Right to fulfil one’s own role in the ever renewing process of the Earth Community
Advocates of Earth Rights 2002Cormac Cullinam - “Wild Law, a Manifesto for Earth Justice” “Governance systems are based on false premises”
Developing ideas since 2005 • Introduced Earth Jurisprudence ideas into the UK • Tested concept • Created a network
International research report • 2008How can we in practice introduce Earth Jurisprudence principles into law? • Indicators basis of drafting law • Obstacles to Earth Rights
Indicators of EJ • Earth centred governance • Mutually enhancing relationships • Community ecological governance
Earth centred governance • Respect the earth for its own value not what it can do for us • Predominant rationale environmental protection • Governance system informed by laws of nature • Respect the rights of everything on Earth to be, inhabit and fulfil its role – concept of earth community
Mutually enhancing relationships • Recognise that everything is interconnected and there is to be a measure of reciprocity • Look at conflict resolution mechanisms and forms of restorative justice • Ensure that these mechanisms are flexible to adapt changes
Community ecological governance • Participation of all members of the earth community • Recognition of public participation – access to justice, public participation in decision making and rights to access to justice • Respect for local lore, communities and local knowledge
Obstacles to Earth Rights • Property rights as they are today • Earth as an object • Detachment from nature • Economic growth king
International Research 2008/9 • Conclusions • UN Declaration for the Rights of Nature • UK Bill of Rights • Educate judges, lawyers, academics • Earth not resource • Intuition • Enjoy and connect with nature • Earth community
Earth Rights Developments Draft Universal Declaration of Rights of Mother Earth, April 2009 Global Alliance for the Rights of Nature, March 2010 Ecocide, Polly Higgins, July 2010
