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Implementing rights of nature : an EU natureship to address anthropocentrism in environmental law
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1871-515X
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Utrecht law review, 2023, Vol. 19, No. 1, pp. 76-86
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HOEK, Niels Marijn, KASTSTEEN, Ivar, VAN GILS, Silke, JANSSEN, Eline, VAN GILS, Marit, Implementing rights of nature : an EU natureship to address anthropocentrism in environmental law, Utrecht law review, 2023, Vol. 19, No. 1, pp. 76-86 - https://hdl.handle.net/1814/75532
Abstract
Transboundary issues – from (chemical) pollution, land-use change to unsustainable levels of exploitation – have been eroding natural sites across Europe, reducing biodiversity in the process. In light of this, this paper analyses the comprehensiveness of EU environmental law, appraising its underlying ethos in the process. Additionally, it explores whether a Natureship Framework Directive at the European Union (EU) level, which establishes legal personality for natural sites, can deliver a ‘change of course’ with respect to the anthropocentric view underpinning environmental law as a pressing thought experiment. It constructs a (fictive) law which grants natural sites substantive and procedural rights, conceptualising how such an instrument may take shape. One finding is that an EU Natureship may be a robust tool to address flaws within EU environmental law. For example, the attribution of legal personality to natural sites alongside the appointment of formal representatives can significantly relieve the burden for NGOs and the European Commission, which may suffer from limited resources when it comes to judicial enforcement of environmental norms (or, alternatively, ecological rights). Other benefits pertain to nature management, which may be less complex and more politically stable under the approach put forward in this paper. An EU Natureship, therefore, may provide a vehicle to shift EU environmental law from the anthropocentric to the ecocentric.
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Published online: 25 April 2023