Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law
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 underly...
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2023-04-01
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| Series: | Utrecht Law Review |
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| Online Access: | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/880 |
| _version_ | 1797824211121602560 |
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| author | Niels Hoek Ivar Kaststeen Silke van Gils Eline Janssen Marit van Gils |
| author_facet | Niels Hoek Ivar Kaststeen Silke van Gils Eline Janssen Marit van Gils |
| author_sort | Niels Hoek |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-13T10:34:33Z |
| format | Article |
| id | doaj.art-f1d124116f8846b7825593dfd2df0077 |
| institution | Directory Open Access Journal |
| issn | 1871-515X |
| language | English |
| last_indexed | 2024-03-13T10:34:33Z |
| publishDate | 2023-04-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj.art-f1d124116f8846b7825593dfd2df00772023-05-18T07:02:48ZengUtrecht University School of LawUtrecht Law Review1871-515X2023-04-0119172–8672–8610.36633/ulr.880864Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental LawNiels Hoek0https://orcid.org/0000-0001-5917-7108Ivar Kaststeen1Silke van Gils2Eline Janssen3Marit van Gils4Researcher at the Department of Law, European University Institute (EUI) in FlorenceIntern with the EU Law Committee of the Dutch Council of State (Raad van State) in the HagueEnvironmental lawyer at Omgevingsdienst Brabant Noord, in Den BoschParalegal and environmental lawyer at HABITAT Advocaten in AmsterdamIndependent researcher and corporate (privacy) lawyerTransboundary 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.https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/880anthropocenebiodiversity governancerights of natureeu environmental lawthe wadden seaeu natureshipsaccess to justiceenvironmental management |
| spellingShingle | Niels Hoek Ivar Kaststeen Silke van Gils Eline Janssen Marit van Gils Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law Utrecht Law Review anthropocene biodiversity governance rights of nature eu environmental law the wadden sea eu natureships access to justice environmental management |
| title | Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law |
| title_full | Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law |
| title_fullStr | Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law |
| title_full_unstemmed | Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law |
| title_short | Implementing Rights of Nature: An EU Natureship to Address Anthropocentrism in Environmental Law |
| title_sort | implementing rights of nature an eu natureship to address anthropocentrism in environmental law |
| topic | anthropocene biodiversity governance rights of nature eu environmental law the wadden sea eu natureships access to justice environmental management |
| url | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/880 |
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