Alternatives to Sustainable Development: Rights of Nature and Harmony with Nature (PLAH076) – 15 credits
a) Description
This course offers an introduction and critical exploration of ‘Harmony with Nature’ and the emerging legal doctrine of ‘Rights of Nature’ as potential alternatives to sustainable development. It delves into the philosophical roots and evolution of the idea of granting legal rights to the natural world, all within the larger framework of Environmental Law, Earth Law, and the Anthropocene era. Harmony with Nature, in the context of this module, refers to developments at the international and domestic level that promote a paradigmatic shift away from human-centred environmental law, towards a more ecologically-centred legal system. Relatedly, Rights of Nature is a legal concept that recognises nature's intrinsic value and grants certain legal rights to elements of the environment. For instance, the recent rise in granting legal personhood to certain natural entities, like rivers, forests, or specific ecosystems, in different parts of the world, allowing them to be protected and represented, on their own account. These developments have arisen as responses to the shortcomings of sustainable development and traditional environmental law in addressing environmental degradation at local, national, and global levels. The course will examine case studies of rights of nature laws, in their political, social, and legal contexts in various regions, engaging with different developments, such as the granting or river rights in the global North and global South. Throughout the course, students will critically assess the structure and key features of these laws, accounting for this broader context.
Overall, the module covers topics, such as:
- Sustainable development, ecological jurisprudence and harmony with nature;
- Ecocentric perspectives and rights of nature;
- Nature-dependent people, indigenous peoples and rights of nature;
- Case studies concerning the protection of parts of nature and the whole of nature, including river rights.
Learning objectives
On successful completion of this module a student will be able to:
- Identify and develop a critical understanding of the predominant issues and challenges of Harmony with nature and the law concerning rights of nature.
- Demonstrate a comprehensive understanding of the basic concepts and principles and an advanced understanding of the issues underlying rights of nature in its different conceptions.
- Apply advanced analytical tools to critically assess rights of nature law and policy frameworks.
- Engage critically with contemporary debates and challenges prevalent in the field.
b) Indicative syllabus (subject to change)
1. (Sustainable) development and Beyond: Ecological jurisprudence and harmony with nature
2. Rights of nature: Ecocentric perspectives and beyond
3. Human dimensions: nature-dependent peoples and Indigenous peoples
4. Implementing rights of Nature: From ecological restoration to Legal Personality
5. Rights of Nature and Human Rights: Complementary or Opposed?
6. Comprehensive Rights of nature: The Cases of Ecuador and Bolivia
7. Animal rights and rights of nature: complementary or distinct?
8. River rights and river rejuvenation
9. Global Commons and Rights of Nature: Oceans’ rights
10. Mock Rights of Nature Tribunal
c) Assessment (subject to change)
Assessment comprises two different elements:
Book review: 1,000 words (30% of the total mark)
Essay: 2,500 words (70% of the total mark)
d) General Reference Books Related to the Course
· Elia Apostolopoulou & Jose A. Cortes-Vazquez eds, The Right to Nature – Social Movements, Environmental Justice and Neoliberal Natures (Routledge, 2018).
· Daniel P. Corrigan & Markku Oksanen eds, Rights of Nature - A Re-examination (Routledge, 2021).
· Philippe Cullet & Ruchi Shree eds, River Rejuvenation and River Rights: Evolving Debates in India (Orient BlackSwan, forthcoming 2025).
· Margaret Davies, EcoLaw – Legality, Life, and the Normativity of Nature (Routledge, 2022).
· Erin O'Donnell, Legal Rights for Rivers – Competition, Collaboration and Water Governance (London: Routledge, 2018).
· Geoffrey Garver, Ecological Law and the Planetary Crisis - A Legal Guide for Harmony on Earth (Routledge, 2021).
· Craig M. Kauffman and Pamela L. Martin, The Politics of Rights of Nature – Strategies for Building a More Sustainable Future (MIT Press, 2021).
· Elizabeth Jane Macpherson, Indigenous Water Rights in Law and Regulation – Lessons from Comparative Experience (Cambridge: Cambridge University Press, 2019).
· Christopher D. Stone, Should Trees Have Standing? Law, Morality, and the Environment (Oxford: Oxford University Press, 3rd ed. 2010).
· Mihnea Tănăsescu, Understanding the Rights of Nature - A Critical Introduction (Transcript, 2022).