Also See:  Editor's Note, Endorsements, and Purchase Information

TABLE OF CONTENTS

PART I: CONCEPTS AND OVERVIEWS

INTRODUCTION: RIGHTS OF NATURE, SACRED LANDS AND SUSTAINABILITY IN THE WESTERN TRADITION by Cameron La Follette
RIGHTS OF NATURE: BEGINNINGS
RIGHTS OF NATURE AND SACRED LANDS TRADITION IN WESTERN CULTURE
SUSTAINABILITY PROJECTS IN THE UNITED STATES
CONCLUSION
ENDNOTES

DEFENDING THE TREE OF LIFE: THE ETHICAL JUSTIFICATION FOR THE RIGHTS OF NATURE IN A THEORY OF JUSTICE by Kathryn Anne Gwiazdon
INTRODUCTION
EXTENDING THE ETHICAL ROOTS OF JUSTICE TO THE ROOTS THEMSELVES
A WORLDVIEW: LIVING ETHICS FOR A LIVING EARTH
A METHODOLOGY: A ROOTED COSMOPOLITANISM APPROACH TO LAW AND LIFE
THE MOTIVATIONS: LOVE MATTERS
FOUNDATIONAL PRINCIPLES: HEALING THROUGH UBUNTU AND RECONCILIATION ECOLOGY
        Rights of Nature is a Natural Evolution of Justice
        Sapere aude!: An Eternal Inquiry Toward Perpetual Peace
        Wrath and Reason are Just Responses to Grave Injustices
CONCLUSION
ENDNOTES

RIGHTS OF NATURE: MYTH, FILM, LAWS AND THE FUTURE by Eugen Cadaru
NATURE'S INTELLIGENCE: A CONTINUOUS PRESENCE IN POPULAR CULTURE
NATURE'S INTELLIGENCE PORTRAYED IN CINEMA
First Stop: Animation
Next Station: Commercial Films Designed for Older Children
Further On: Commercial Films Intended for Adults
Last Stop: Auteur Cinema
THE IMPACT OF ANIMISM ON THE CURRENT COLLECTIVE MENTALITY
Animism in Law
Frontiers of Tomorrow
CONCLUSION
ENDNOTES

NATURE'S RIGHTS IN PERMACULTURE by Scott Pittman
PERMACULTURE: THE BEGINNINGS
PERMACULTURE ETHICS
        Care of the Earth
        Care of People
        Set Limits to Consumption and Reproduction and Redistribute Surplus
PRINCIPLES OF NATURE
        Observe and Interact
        Catch and Store Energy
        Obtain a Yield
        Apply Self-Regulation and Accept Feedback
        Use and Value Renewable Resources and Services
        Produce No Waste
DESIGN FROM PATTERN TO DETAILS
        Integrate Rather Than Segregate
        Use Small and Slow Solutions
        Use and Value Diversity
        Use Edges and Value the Marginal
        Creatively Use and Respond to Change
PERMACULTURE AND THE RIGHTS OF NATURE
CONCLUSION
ENDNOTES

PART II: THE STRUGGLE FOR SUSTAINABILITY AND THE RIGHTS OF NATURE

RIGHTS OF NATURE AND CLIMATE CHANGE IN KIRIBATI by His Eminence Anote Tong
THE ISLAND NATION OF KIRIBATI
THE CRISIS OF CLIMATE CHANGE
        Kiribati's Response to Climate Change
        Future Uncertainties for National Sovereignty
CONCLUSION
ENDNOTES

"WHEN GOD PUT DAYLIGHT ON EARTH WE HAD ONE VOICE"—KWAKWAKA'WAKW: PERSPECTIVES ON SUSTAINABILITY AND THE RIGHTS OF NATURE by Douglas Deur,
      Kim Recalma-Clutesi, and Kwaxsistalla Clan Chief Adam Dick
INTRODUCTION SPEAKING WITH ONE VOICE: AN INTRODUCTION TO KWAKWAKA'WAKW
     RELATIONSHIPS WITH THE NATURAL WORLD
THE WOLVES AND THE MOUNTAINS: SPECIAL OBLIGATIONS TO PLACES AND BEINGS
SALMON, EULACHON, CLAMS, AND PLANTS: RELATIONSHIPS AND OBLIGATIONS TO GAME SPECIES
ORCA AND CEDAR: RELATIONSHIPS AND OBLIGATIONS TO OTHER SPECIES
HAVING ONE VOICE: A CONCLUSION
ENDNOTES
APPENDIX: COMMON AND SCIENTIFIC NAMES OF PLANTS AND ANIMALS

ENVIRONMENTAL SUSTAINABILITY: THE CASE OF BHUTAN by Dechen Lham
COUNTRY BACKGROUND
BHUTAN AND ITS BIODIVERSITY
CONSERVATION HISTORY: PROTECTED AREA SYSTEM
LEGACY OF THE MONARCHS IN SUSTAINABLE ENVIRONMENTAL CONSERVATION
        The Philosophy of Gross National Happiness
        Stewardship and the Rights of Nature: Conservation Policies and Laws
BHUTAN'S INTERNATIONAL COMMITMENTS AND NATIONAL POLICIES
NATIONAL PLANNING AND INSTITUTIONAL FRAMEWORKS
CONSERVATION MILESTONES IN BHUTAN
        Bhutan for Life
        Buddhism and its Role in the Rights of Nature
        Conservation Awards Received in Bhutan
Coping with Challenges to Sustainable Conservation
        Human-Wildlife Conflict
        The Problem of the Medical Fungus
        Waste Management and the Sustainable Landscape
DESUUNG —'GUARDIANS OF PEACE AND HARMONY'
OTHER CONSERVATION CHALLENGES
        The Shingkhar-Gorgan Road
        The Green Bench: The Environment in Court
CONCLUSION
ENDNOTES

THE RESTORATION OF THE CALEDONIAN FOREST AND THE RIGHTS OF NATURE by Alan Featherstone
SUMMARY
INTRODUCTION: CALEDONIAN FOREST
HISTORICAL BACKGROUND
INITIAL STEPS IN FOREST RESTORATION
        The Founding of Trees for Life
        Reweaving the Web of Life
        Deepening the Restoration Process
        Reconnecting People with Nature
LOOKING AHEAD: IF THE RIGHTS OF NATURE BECOME PARAMOUNT
ENDNOTES
APPENDIX: COMMON AND SCIENTIFIC NAMES OF PLANTS AND ANIMALS

THE SIGNIFICANCE OF THE STEWARDSHIP ETHIC OF THE INDIGENOUS PEOPLES OF NIGERIA'S NIGER DELTA REGION ON BIODIVERSITY CONSERVATION by Ngozi F. Unuigbe
BACKGROUND
THE NIGER DELTA ECOSYSTEM
        Waste Water
        Gas Flaring
        Seismic Surveys and the Construction of Roads and Pipelines
        Dredging
        Inadequate Clean-Up
THE NIGER DELTA INDIGENOUS PEOPLES AND THEIR SACRED SITES
        Adibe and Esiribi Lakes
        Boupere Lake
        Okpagha and Ogriki Trees
        Ovughere Shrine
        Obi Pond
        Usede Pond
        Ode Evil Forest
        Umuaja Shrine
THE IMPACT OF ENVIRONMENTAL DEGRADATION ON INDIGENOUS SITES
INDIGENOUS CONSERVATION CULTURE AND THE RIGHTS OF NATURE
INDIGENOUS CONSERVATION LAWS VERSUS STATUTORY CONSERVATION LAWS IN THE NIGER
     DELTA REGION
PRESERVING THE STEWARDSHIP ETHIC OF INDIGENOUS PEOPLES: WIN-WIN FOR CULTURE
      AND NATURE
CONCLUSION
ENDNOTES

GERMAN ENERGIEWENDE: A WAY TO SUSTAINABLE SOCIETIES? by Michael W. Schröter
     and Dani Fössl
SUMMARY
INTRODUCTION
A BRIEF HISTORY OF THE GERMAN ENERGIEWENDE
OPPORTUNITIES AND PROBLEMS
POSSIBLE CONTRIBUTION TO SUSTAINABLE SOCIETIES
CONCLUSION
ENDNOTES

SEASONALLY FLOODED SAVANNAS OF SOUTH AMERICA: SUSTAINABILITY AND THE CATTLE-WILDLIFE MOSAIC by Almira Hoogesteijn, José Luis Febles, and Rafael Hoogesteijn
INTRODUCTION
TWO PRINCIPAL SOUTH AMERICAN SAVANNA ECOSYSTEMS
        The Llanos
                Climatic Factors
                Soils
                Fire
                Fauna
                Savanna Formation Theories
        Pantanal
                Climatic Factors
                Soils
                Fire
                Biology and Fauna
                Quaternary Extinctions
THE EUROPEAN CONQUEST OF THE NEW WORLD
        Here to Stay: The Explosive Dissemination of Cattle
        Native Grass versus Non-Native Grass
SUSTAINABLE MANAGEMENT OF THE LLANOS AND PANTANAL: ECOLOGICAL PROMISE
        Water
        Grazing and Overgrazing
        Introduced grasses
        Cattle
        The Human Factor
SOLUTIONS TO CREATE SUSTAINABLE SAVANNAS
CONCLUSION
ENDNOTES
APPENDIX: COMMON AND SCIENTIFIC NAMES OF PLANTS AND ANIMALS

OCEAN RIGHTS: THE BALTIC SEA AND WORLD OCEAN HEALTH by Michelle Bender
WORLD OCEAN HEALTH
EUROPEAN UNION WATERS AND THE BALTIC SEA
LEGAL AND INSTITUTIONAL FRAMEWORKS OF THE EUROPEAN UNION AND THE BALTIC SEA REGION
OCEAN RIGHTS: A SYSTEMIC SOLUTION
What if Fisheries Policies Evolved to Include the Rights of the Ocean?
How Would Rights of Nature Affect the Criteria for Decisionmaking?
THE MOVEMENT IS GROWING
SHIFTING OUT OF THE DATED GOVERNANCE PARADIGM
CONCLUSION
ENDNOTES

PART III: RIGHTS OF NATURE IN THE LAW

A RIVER IS BORN: NEW ZEALAND CONFERS LEGAL PERSONHOOD ON THE WHANGANUI
RIVER TO PROTECT IT AND ITS NATIVE PEOPLE
by Chris Finlayson
SUMMARY
INTRODUCTION
BACKGROUND
TREATY OF WAITANGI
        Article the First
        Article the Second
        Article the Third
THE WAITANGI TRIBUNAL
THE CLAIMS SETTLEMENT PROCESS
COMPONENTS OF A SETTLEMENT
THE WHANGANUI RIVER SETTLEMENT
THE SOLUTION
CONCLUSION
ENDNOTES

THE RIGHTS OF NATURE IN ECUADOR: AN OVERVIEW OF THE NEW ENVIRONMENTAL
PARADIGM
by Hugo Echeverria and Francisco Bustamante
THE RIGHTS OF NATURE: ORIGINS
THE RIGHTS OF NATURE: CONTENT
CONSTITUTIONAL CASE LAW RELATING TO RIGHTS OF NATURE IN ECUADOR
        Selection Criteria
RIGHTS OF NATURE CASE LAW: AN ONGOING EFFORT
        Selected Cases
                The Case of the Biodigesters
                Mangroves Case
                Unauthorized Mining Case
                Vilcabamba River Case
CONCLUSION
ENDNOTES

THE GODAVARI MARBLE CASE AND RIGHTS OF NATURE IN NEPAL by Jony Mainaly
INTRODUCTION
BACKGROUND
ENVIRONMENTAL PROBLEMS IN NEPAL
THE PRE-FEDERAL ENVIRONMENTAL PROTECTION REGIME IN NEPAL
ENVIRONMENTAL FEDERALISM IN NEPAL
LEGACY OF THE GODAVARI MARBLE 1 CASE
GODAVARI MARBLE 2 CASE
Facts of the Case
Issues
Holding
Underpinnings of Rights of Nature in the case
ANALYSIS AND CONCLUSION
ENDNOTES

NATURE'S RIGHTS: WHY THE EUROPEAN UNION NEEDS A PARADIGM SHIFT IN LAW TO
ACHIEVE ITS 2050 VISION
by Mumta Ito
WHY IS THE EUROPEAN UNION ENVIRONMENTAL LAW AND POLICY FAILING?
THE NEED FOR A SYSTEMIC APPROACH
CHALLENGES IN IMPLEMENTATION OF EUROPEAN UNION ENVIRONMENTAL LAW
SYSTEMIC PROBLEMS WITH ENVIRONMENTAL LAW
NEOLIBERALISM, ECONOMIC GROWTH AND STRUCTURE OF LAW THAT WORKS TO SUPPORT IT
        Green Economy
        How Law Created these Conditions
THE WAY FORWARD
        Wholeness
        Universal principles
        Duty of Care
        Nature's Rights
        Mutual Enhancement
        Resilience
ENDNOTES

NATURE'S RIGHTS THROUGH LAWMAKING IN THE UNITED STATES by Lindsey Schromen-Wawrin and Michelle Newman
FROM PROPERTY TO PERSON: WHAT RIGHTS OF NATURE MEANS IN THE LEGAL SYSTEM
GRASSROOTS SYSTEM CHANGE: LOCAL DEMOCRACY VERSUS THE CORPORATE STATE
        The Courts and System Change
        How Courts Prohibit Lawmaking Today
                Corporate Constitutional Rights
                Dormant Commerce Clause
                Contracts Clause
                Dillon's Rule
                Preemption as a Ceiling on Rights Protections
                Nature as Property
                Recognizing Rights of Nature Requires System Change
PROTECTING WATERSHEDS THROUGH ECOSYSTEM RIGHTS BY LOCAL LAWMAKING
        A Bill of Rights for Lake Erie
        The Highland Township Ordinance and Home Rule Charter
        Lincoln County, Oregon, Ordinance Against Aerial Spraying
        Rights for the Salish Sea, Washington State and British Columbia
CONCLUSION
ENDNOTES
APPENDIX: NATURE'S RIGHTS THROUGH LAWMAKING IN THE UNITED STATES

THE EXPERIMENT WITH RIGHTS OF NATURE IN INDIA by Kelly D. Alley and Tarini Mehta
SUMMARY
INTRODUCTION
STANDING FOR NATURE: THE NATIONAL GREEN TRIBUNAL
PROVISIONS CLOSE TO RIGHTS OF NATURE
STANDING AND OTHER PROCEDURAL MATTERS
GANGA AND YAMUNA RIVERS AS PERSONS
THE PROBLEM OF GUARDIANSHIP
OTHER CONSIDERATIONS: RELIGIOUS DOCTRINES OF PERSONHOOD
OVERLAPPING INSTITUTIONS AND POLITICS IN "GUARDIANSHIP"
CONCLUSION
ENDNOTES

CARING FOR COUNTRY AND RIGHTS OF NATURE IN AUSTRALIA: A CONVERSATION
BETWEEN EARTH JURISPRUDENCE AND ABORIGINAL LAW AND ETHICS
by Mary Graham and Michelle Maloney
INTRODUCTION
PART I: EARTH JURISPRUDENCE AND THE RIGHTS OF NATURE
PART II: ABORIGINAL LAW AND ETHICS
        "The Land is the source of the Law"
        "You are not alone in the world"
                1. Custodial Ethic
                2. Locality
                3. Autonomy
                4. Balance
PART III: EARTH JURISPRUDENCE FROM THE PERSPECTIVE OF ABORIGINAL LAW
CONCLUSION
ENDNOTES

CONCLUSION: NATURE'S LAWS OF RECIPROCITY by Chris Maser
NATURE'S LAWS OF RECIPROCITY
        Law 1—Everything Is a Relationship
        Law 2—All Relationships Are All Inclusive and Productive of an Outcome
        Law 3—The Only True Investment in Our Global Ecosystem Is Energy from Sunlight
        Law 4—All Systems Are Defined by Their Function
        Law 5—All Relationships Result in a Transfer of Energy
        Law 6—All Relationships Are Self-Reinforcing Feedback Loops
        Law 7—All Relationships Have One or More Trade-offs
        Law 8—Change Is a Process of Eternal Becoming
        Law 9—All Relationships Are Irreversible
        Law 10—All Systems Are Based on Composition, Structure, and Function
        Law 11—All Systems Have Cumulative Effects, Lag Periods, and Thresholds
        Law 12—All Systems Are Cyclical, but None Are Perfect Circles
        Law 13—All Systems Have Cumulative Effects, Lag Periods, and Thresholds
        Law 14—Systemic Change Is Based on Self-Organized Criticality
        Law 15—Dynamic Disequilibrium Rules All Systems
        Law 16—This Present Moment, the Here and Now, Is All We Ever Have
ENDNOTES
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We dedicate this book to all those working to bring true sustainability, and a respectful relationship with Nature, to fruition for the benefit of all generations.


Editor's Note for the "CRC Press" Book Series, Social-Environmental Sustainability:

In reading this book, keep in mind that Nature functions perfectly without any human "help" or intervention, which means Nature's value is entirely intrinsic and self-reinforcing. But, the majority of people feel that Nature, as a resource, is wasted if it is not used for their benefit—hence the concept of "conversion potential." In other words, how can a particular natural resource be converted into a commercial product for human use, thereby giving it economic value?

Here, a basic principle is that community programs must be founded on local requirements and cultural values in balance with those of the broader world, which includes understanding and acknowledging environmental issues, long-term biophysical trends, and their social-environmental ramifications. After all, social-environmental sustainability is a common relationship between people and the natural environment based on the constraints of the underlying biophysical principles that maintain the lands and waters in a sustainably productive state. Simply put, as we honor our relationship with Nature in a sustainable way, we honor all generations. As we abuse Nature by overexploitation, we abuse all generations.

Maintaining a respectful relationship with Nature—by placing its right to flourish foremost in human economics—forms a critical, worldwide nexus between the social-environmental sustainability of people in the present and those of the future. With respect to every culture worldwide, it is imperative that we take personal responsibility for our words, deeds, decisions, actions, and their consequences, because the first step toward social-environmental sustainability begins with the respect and the quality of the care we give ourselves. We must then extend that respect and care to our families, friends, neighbors, and Nature, because community sustainability is the foundation of every nation. This said, the degree of mutual caring; cooperation; and long-term, sustainability of the landscape characterizes a community and reflects the psychophysical health of its citizenry.

And, it is our humility and consent to the Rights of Nature, by prioritizing and repairing our relationship with Nature, that determines the legacy we leave—one that in today's world either progressively liberates or progressively impoverishes all generations. The choice of how we, the adults of the world, behave is ours—either with psychological maturity and sacred humility or self-indulgence and monetary arrogance. Fortunately, our human consciousness is elevating as the Rights of Nature paradigm continues to spread in countries throughout the world—illustrated in part by courageous articles in this book.

Finally, this CRC series of books on the various facets of social-environmental sustainability is a forum wherein those who dare to seek harmony and wholeness can struggle to integrate disciplines and balance the material world with the spiritual, the scientific with the social, and in so doing expose their vulnerabilities, human frailties, and hope, as well as their visions for a good-quality, sustainable future.

As the title of this book implies, the human component of the world is critically important—but often an overlooked or blatantly ignored dimension of social-environmental sustainability. Yet, it is the integrity of the relationships among the diverse elements of any system that both defines it through its functional processes and, in obeying the Right of Nature, confers global social-environmental sustainability to all generations of life on Earth.

Chris Maser, Series Editor
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