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Putting The Rights of Nature On The Map. A Quantitative Analysis of Rights of Nature Initiatives Across The World
Putting The Rights of Nature On The Map. A Quantitative Analysis of Rights of Nature Initiatives Across The World
a
Sant’Anna School of Advanced Studies, Institute of Law, Politics and Development, Pisa, Italy; bNyenrode Business Universiteit, Center for
Entrepreneurship, Governance & Stewardship, Breukelen, Netherlands; cMassachusetts Institute of Technology, Urban Planning and
Studies, Cambridge, United States
1. An understudied movement limited. Put simply, before anyone can effectively the-
orize about the ‘how’ and ‘why’, someone needs to
Many solutions have been brought forward to address
provide the ‘what’ (Dubin, 1978).
the world’s intensifying ecological crises. One of them
With this paper, we set out to close this knowledge
are the so-called Rights of Nature (RoN) which are
gap by creating an inventory of the movement. The
‘calling for acknowledgement of the fact that [non-
main objectives of this project are (i) to collect, catalo-
human Nature1 has] rights that humans are morally
gue, compare, and process information concerning all
obligated to respect and protect’ (Boyd, 2017, p.
available RoN initiatives, (ii) to develop and propose a
219).2 Through rights assigned to natural entities,
tentative taxonomy for their geographic content and
they are being placed outside of instrumental con-
legal characteristics, and (iii) to design, among others,
siderations of use and necessity. Stone initiated the
spatial charts which aim at increasing the understand-
(Western) conceptualization of this idea with his
ing of the movement. Eventually, we would like to
seminal article Should Trees Have Standing (Stone,
inform academics, policymakers, legislators, judges,
1972). Substantial practical implementation began
researchers, as well as the public at large of this legal
several decades later. Since then, RoN are increasingly
trend.
considered a suitable addition to mainstream environ-
mental protection efforts. Even though various organ-
izations began to document legal initiatives, their
2. Target area
compiled lists and maps provide mostly anecdotal
and oftentimes incomplete overviews. While some There were no geographical limitations to the scope of
serious ongoing efforts do exist, virtually none of inquiry. Rather, theoretical elaborations designated
them encourage deeper (academic) inquiries, as the the field of investigation. Whereas RoN are also used
data are either inaccessible or their collection too as a moral or normative idea, this paper’s target area
time-consuming to be operationalized. Considering is the movement’s legal implementation.4 ‘Legal’ is
the increasing heterogenization of the movement,3 to be seen broadly, similar to ‘institutional’, as it
we assume that, without a conceptual toolbox based includes official legislation, court decisions, local ordi-
on solid empirical analysis, any serious academic nances, declarations and policies from international
study and advancement of RoN is unavoidably organizations and other institutions, as well as civil
CONTACT Alex Putzer alex.putzer@santannapisa.it Scuola Superiore Sant’Anna, DirPolis, Pisa, Italy
This article has been corrected with minor changes. These changes do not impact the academic content of the article.
Supplemental data for this article can be accessed at https://doi.org/10.1080/17445647.2022.2079432
© 2022 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrest-
ricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
90 A. PUTZER ET AL.
society instruments or frameworks. It excludes thus identified how legal tools are used to further
‘unofficial’ flyers or simple expressions of interest. the concept’s agenda. The specific categories and
We also only consider currently operative initiatives, classes were inspired by the literature on the topic as
thus disregarding parodies5 or pre-modern examples well as previous databases. Some of them have been
of the idea.6 developed together with the United Nations (UN)
Besides that, the requirement for an initiative to be Harmony with Nature Programme,10 which can be
included in our database is rather straightforward, as it considered the RoN branch of the UN. With Table
‘only’ needed an accessible legal document7 contain- 1, we propose a taxonomy which consists of seven cat-
ing a semantic expression referring to RoN (see egories and 59 classes. The taxonomy is used pragma-
‘Legal Structure’ in Table 1). We identified these tically to identify and code the selected initiatives, with
initiatives by analysing existing lists (see Section 5), no intention to be final or exhaustive.
consulting experts on the topic, as well as complemen- The data collection began in June 2020 and ended
tary keyword research.8 Upon completion, due to our in June 2021. We identified 409 initiatives that fit
focus on legality, we used a combination of the meth- within this taxonomy. While we identified several rela-
odologies of legal doctrinal9 as well as content analysis. tively isolated pioneering initiatives11, 2006 can be
This meant that we analysed the textual details of each marked as the year when the practical implementation
underlying document and carried out a comparison of RoN started to gain momentum. Chart 1 presents
between them. We identified the various themes the historical evolution as well as the processing status
inductively, starting from a priori concepts provided of all initiatives between 2006 and 2021. The chart not
by RoN scholarship. In order to double-check our only underlines the increasing use of the RoN concept
findings, we subsequently sent relevant parts of the in the past decade and a half. The large number of
database to various initiating organizations and shared passed initiatives (65,3%) can provide some indi-
them within expert communities, asking for evalu- cations of RoN’s success rate. The high share
ation and commentary. (15,9%) of ongoing initiatives suggests a continuous
relevance in the near future.12
Chart 1. Historical evolution of the rights of nature (including Status, since 2006).
Types’, we further visualize and emphasize the variety the USA and Brazil, where close to three-quarters of
of RoN. Regarding ‘legal type’, we labeled 38 out of all initiatives (74,8% and 70%, respectively) are situ-
the 40 ‘beyond-one-country-initiatives’ as policy rec- ated in a local setting. Following a different path, the
ommendations. This homogeneous tendency is con- initiatives in Ecuador (79,0%) and Colombia (88,9%)
trasted at the country-level, where we see widely are numerically dominated by court decisions, rather
diverging legal types. Globally, with more than 38%, than (national or local) legislation.17
the overall dominant legal type is local regulations. The ‘natural distinction’ category shows an overall
This significant proportion is due to countries like preference for not further defining the RoN entity,
with ‘Nature Indistinctively’ accounting for 66,5% of While not visually represented, we have included
all initiatives. The second-largest class can be categor- two additional categories in our database which we
ized between river and other ‘Aquatic Ecosystems’.18 believe can advance an understanding of the move-
The two distinctions regarding animals refer to, ment that reaches beyond quantitative aspects. For
among others, the difference between a collective once, ‘Governance’ describes the legal infrastructure
and individualistic approach to Nature, as well as pertinent to each RoN initiative, thus any established
differing means of geolocation. While individual ani- representative relationship between the natural entity
mals can be transported to other places, collectives, and human beings. Only two-thirds (66%) of all
like species, are generally bound to a territory.19 The initiatives specifically describe some conception of
moveability or even replaceability of natural entities governance. They vary from some form of specific
could consequently influence the rights provisions of guardianship to the right to petition for all individuals
a specific entity. When further advancing the idea, within an area or beyond. It remains unclear what the
these peculiarities should be taken into account. governance conceptions in the remaining third of
80% of country initiatives are clustered on the initiatives are.
American continents. Especially noteworthy is a high The second category regards ‘Motivation’, which
concentration within the USA, making it the leader attempts to identify underlying mindsets. The various,
of global RoN initiatives in absolute numbers. Map 2 oftentimes intertwined, references require careful
shows the 26 US states in which 38% of worldwide interpretation and further investigation.22 However,
initiatives are situated. Most initiatives are located in two preliminary insights can be made. First, even
and around the New England area. This eastern RoN though around one in five initiatives refer to indigen-
accumulation correlates with the location of the Penn- ous beliefs (18,6%), specific indigenous RoN law is
sylvania headquarter of the Community Environ- fairly rare (2,4%).23 This relatively low percentage is
mental Legal Defence Fund (CELDF).20 CELDF is a surprising since such beliefs are oftentimes cited as a
non-profit organization which assisted almost all US crucial influence for RoN efforts (Boyd, 2017). The
initiatives as well as many global efforts. Their vast second point regards the two main reasons for enact-
network might be the reason for the almost identical ing RoN, i.e. ‘anti-corporative/capitalist sentiments’
phrasing of most US local ordinances. The included (41,1%) as well as the ‘human right(s) to a healthy
chart on historical evolution shows that US initiatives environment’ (39,4%). These percentages might
have remained largely stable over the years. Further suggest that RoN, rather than implementing the
research is needed to identify the causes for a possible intrinsic value of Nature, are used as yet another
domestic legal stall.21 tool to protect arguably anthropocentric goals. Before
reaching any premature conclusions about such an that are aware of any mistakes or omissions to contact
‘anthropocentrism in disguise’, however, further ana- us.
lyses are needed also here. We invite fellow scholars to Even though 409 initiatives seem like a lot, this
interpret these findings in more detail and are looking number has continued to grow since the end of the
forward to any future insights.24 data collection. However, the relevance of this dataset
is not derived from its completeness, which is unachie-
vable, but rather from a first structured analysis, acces-
sible taxonomy, as well as summarizing visualization
5. Data and database
of the first 15 years of legal Rights of Nature. This
Before this paper, the most comprehensive academic investigation can consequently be used for additional
RoN mapping effort was carried out by Kauffman inquiries. Indeed, it already serves as an intermediate
(2020). We built upon, updated, and expanded his step to a larger project. We are happy to announce
effort by consulting a variety of global and regional that throughout the elaboration, our findings have
lists, as well as experts on the topic.25 Out of a total substantially contributed to the creation of the so-
of ten languages,26 91,0% of encountered legal texts called ‘Eco-Jurisprudence Monitor’, a website29
were written in either English or Spanish. which is currently being developed by and organized
Even though most of the existing lists offer incom- through the Global Alliance for the Rights of Nature
plete, outdated, or even wrong information, with some Academic Hub.30 Rather than RoN, the focus lies on
simply copying others, they were nevertheless useful the wider concept of ‘ecological jurisprudence’. The
to grasp the size of the movement. One of the most project aims at providing a carefully curated, regularly
promising non-academic approaches, since its incep- updated, and sufficiently redacted open-access data-
tion in 2009, is the aforementioned UN Harmony base for academic and non-academic research. It is
with Nature Programme. Its biggest flaw is that their set to launch in fall 2022.31
data collection is very difficult to operationalize and
serve little more than anecdotal overviews, at least
not without considerable reviewing.27
Because of this, a large part of our work regarded 6. Conclusions
the reviewing process, firstly, by analysing the under-
lying legal texts and, secondly, by performing exten- The maps presented in this paper are built on a data-
sive ‘counterchecks’, thus verifying the existence of base containing all identifiable RoN initiatives around
initiatives through news articles, blog posts and inter- the world and serve two main purposes:
views with experts. About three quarters of all initiat-
ives were found online. Efforts without an online
i As the RoN movement begins to enter legal main-
presence have been identified through a myriad of
stream processes, reliable documentation and
mostly email correspondences. Surprisingly, some
visualization are key. The geographical overview
US communities were unaware of having issued a
acts as a reference and guide for policymakers,
RoN initiative. They appear to be ‘forgotten’, possibly
legislators, judges, researchers, and the public at
suggesting an absence of practical implications.
large. The taxonomy provides a basis for further
Nevertheless, such instances of neglect are by no
research and discussion. Open access to all the
means representative. The vast majority of authorities
information is a crucial element for these goals.
and organizations which produced or initiated an
ii Academics can use the dataset, the underlying
initiative were aware of them and very helpful with
documents, and its visualizations for their
the provision of missing data. The aforementioned
research. A variety of geographical features offer
CELDF, for instance, helped to complement and verify
additional insights. It appears that regional
virtually all US initiatives. Through this, we became
peculiarities have a significant impact on the suc-
aware that their total number, including mostly
cess rate of RoN. Evaluating such effectiveness
older initiatives, is likely double the count we ident-
will represent one of the most time- and capital-
ified for this paper. According to the organization,
consuming yet rewarding tasks.
since 2006, Pennsylvania alone, the first US state to
adopt legal RoN, has reportedly accumulated more
than 100 initiatives before the idea started to spread Likely our main conclusion is that RoN represent a
to other states. However, due to a lack of distinct substantial, global, and lasting trend towards a non-
documentation of these early initiatives by the local anthropocentric human relationship with Nature.
communities, a complete recollection was not poss- Barely older than a decade and a half, it appears to
ible.28 All this shows that the exhaustive search for reflect the next installment in the conceptualization
widely heterogeneous needles in a global legal hay- of rights, offering a new form of interpreting nature-
stack remains difficult. As such, we invite all readers based solutions.
94 A. PUTZER ET AL.
initiative’s status. The major lists consulted were beings’ (Roy, 2017; Taylor, 2017). While this is true
http://www.harmonywithnatureun.org/rightsOfNatu for exactly one instance, every other initiative stops
re/, http://www.harmonywithnatureun.org/rightsOf short of such an equation, using a more nuanced
NaturePolicies/, https://celdf.org/advancing-commu approach instead. The one instance can be found in
nity-rights/rights-of-nature/rights-nature-timeline/, Direction 5 of the (halted) 2017 Indian Gangotri
http://www.derechosdelanaturaleza.org.ec/casos-de- and Yamunotri glacier High Court judgment which
derechos-de-la-naturaleza-en-el-mundo/, https://dro states that “[t]he rights of these legal entities shall
itsdelanature.com/la-reconnaissance-des-droits-de-la be equivalent to the rights of human beings and the
-nature, https://www.centerforenvironmentalrights. injury/harm caused to these bodies shall be treated
org/timeline, https://www.earthlaws.org.au/aelc/ as harm/injury caused to the human beings”.
rights-of-nature/, and https://therightsofnature.org/ 36. ‘’Meta’ Verb’ is comprised of 15 classes which reflect
timeline/. Extensive regional databases can be found an abstraction of a pool of close to 100 unique verb
for Ecuador (https://www.derechosdelanaturaleza. combinations. These verbs offer a preliminary indi-
org.ec/, http://files.harmonywithnatureun.org/upload cation of the anthropocentric or non-anthropocentric
s/upload471.pdf), Brazil (www.mapas.org.br/), and mindset underlying the initiative. Future investi-
the USA (selected websites: https://communityr gations could compare the legal semantics with the
ights.us/community-rights-ordinance-campaigns-acr verb choices in other fields, such as, for instance,
oss-the-us/ordinances-timeline/, https://cocrn.org/, human rights litigation.
https://www.nhcommunityrights.org/, https://www. 37. ‘Legal Type’ answers an administrative legal question.
nonhumanrights.org/). Two websites offer rudimen- The classes concern both the issuing authority and geo-
tary spatial diagrams (https://boulderrightsofnature. graphical distribution of an initiative. While the former
org/global-rights-of-nature-map/ and https:// investigates the legal power that created RoN, the latter
therightsofnature.org/). explores the spatial dissemination. As such, local regu-
26. Bengali, Danish, Dutch, German, English, French, lations refer to a relatively small area, whereas consti-
Italian, Portuguese, Romanian, and Spanish. The tutions and national law regard an entire nation. The
languages were either understood by us or by our aca- issuing authority for court decisions should be deduced
demic partners. In exceptional cases, online transla- cautiously, as they range from the lowest to the highest
tors (DeepL and Google Translate), were consulted. courts in a country (we added (HC) to the respective
27. The development of the database and the taxonomy titles of the former).
was helped by the Programme, which in turn has 38. ‘Distinction’ identifies the scope of RoN, i.e. which
indicated interest to adopt the system. part of Nature is represented as a rights holder.
28. The underlying investigation was able to identify 31 While occasionally discussed in theory (and arguably
Pennsylvania initiatives. The rest are, as of now, also indirectly implemented), rights are exclusively
unavailable. established for natural entities, rather than for natural
29. It will be accessible under https://ecojurisprudence.org/. processes or other more abstract phenomena.
The development and maintenance for the first two years 39. ‘Governance’ identifies the legal relation to and rep-
are provided by a grant from the Rockefeller Brothers resentation of Nature.
Fund. Unlike our database, which depends on links to 40. ‘Motivation’ indicates why the specific initiative was
external websites, the ‘EJM’ will be fully autonomous implemented. Future research could investigate the
as it hosts a copy of each initiative’s documents on the diachronic correlation between dominating crisis nar-
project’s own servers. ratives and RoN motivations.
30. This article’s lead author is a member of this collec-
tive of academics. For more information see https://
www.garn.org/hubs/. Acknowledgments
31. The need for such a research tool has shown to be
growing and pressing. Based on an earlier version of We would like to thank Prof. Craig Kauffman for sharing his
our database, two custom maps were presented at mapping effort. Ongoing support was also given by Maria
the (ultimately unsuccessful) negotiations over the Mercedes Sanchez from the United Nations Harmony
2020 Global Framework on Biodiversity. with Nature Programme, as well as members from the Com-
32. ‘Basics’ provides four classes which help the unequi- munity Environmental Defense Fund (CELDF). Thanks are
vocal identification of each initiative. also due to all officials that helped us by providing missing
33. Includes the most recent institutional dates for both information and documents. As for the data analysis, we
completed and ongoing initiatives. want to thank Ebba Hooft Toomey who helped with the
34. We distinguish between completed and incompleted US initiatives, and Setara Begum for translating the Bangla-
initiatives. All incompleted ones are marked together desh Supreme Court case. With regard to the data editing,
(ongoing), the completed ones can be halted before thanks to Hannes Putzer for various visualizations as well
(draft) or during official deliberations (introduced); as to Katja Schechtner and Eric Ziese for highly valuable
they can be currently implemented (passed), as well comments.
as subsequently denied (overturned). All remaining
statuses are either miscellaneous (other) or unidentifi-
able (unclear). Open Scholarship
35. ‘Legal Structure’ contains twelve classes which reflect
an abstraction of a pool of close to 200 unique seman-
tic expressions. Different legal concepts imply differ-
ent legal implications and/or social perceptions. This article has earned the Center for Open Science badge
Some news outlets reporting on RoN suggest that for Open Data. The data are openly accessible at https://
Nature or rivers ‘have the same rights as human doi.org/10.5281/zenodo.5815399.
96 A. PUTZER ET AL.