We Are The River

52 Pages Posted: 19 Jun 2020 Last revised: 13 Jul 2020

See all articles by David Takacs

David Takacs

University of California Hastings College of the Law

Date Written: June 4, 2020

Abstract

The New Zealand Parliament has recently granted the Whanganui River and the Te Urewera mountain ecosystem rights as legal persons, with a Māori governing board to speak for the nonhuman entities, based upon traditional cultural precepts. Far from an isolated precedent, in what the U.N. Secretary General calls “the fastest growing legal movement of the twenty-first century,” legislatures, courts, or voters in Australia, Colombia, Ecuador, Bangladesh, India, Uganda, and the U.S. have also declared that rivers and other living systems have legal rights.

This article chronicles the movement to grant nonhuman entities legal rights. I analyze the statutes and judicial opinions driving this legal evolution, drawing extensively from interviews I conducted with key figures negotiating and advocating for these initiatives. I explain what the current and developing laws and judicial opinions seek to achieve. Deriving from disparate historical, philosophical, and legal backgrounds, they pursue disparate goals; yet all of the moves to grant legal rights to nonhuman entities aim to enshrine in the law the fundamental symbiosis between human and nonhuman ecological health, and to empower suitable stewards who will nurture that symbiosis. I describe how newly vested spokespersons for nature seek to turn novel legal theories into real legal work that protects human and nonhuman communities. I explain who now represents the nonhuman entity, and discuss what improvements – for human and nonhuman communities – they hope will redound that would not have resulted from more traditional legal protections. I also discuss early results that have emerged from grants of legal person-hood to nonhuman entities.

As these laws inscribe new legal relationships between people and nature, they ask: what does it mean to convert from “we own the River” to “we are the River?” I conclude that by sanctifying the interdependent relationship between human needs and healthy ecosystems, granting legal rights to rivers may contribute to reversing ecological degradation in this century and beyond.

Keywords: Environmental Law, International Environmental Law, International Human Rights Law, Legal Personhood, Sustainability, New Zealand, Colombia, Australia, India, Bangladesh, Water Law, Rivers

Suggested Citation

Takacs, David, We Are The River (June 4, 2020). University of Illinois Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3619265 or http://dx.doi.org/10.2139/ssrn.3619265

David Takacs (Contact Author)

University of California Hastings College of the Law ( email )

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