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16 - The Rights of Nature: Guiding Our Responsibilities through Standards

Published online by Cambridge University Press:  09 May 2019

Stephen J. Turner
Affiliation:
University of Lincoln
Dinah L. Shelton
Affiliation:
George Washington University, Washington DC
Jona Razzaque
Affiliation:
University of the West of England, Bristol
Owen McIntyre
Affiliation:
University College Cork
James R. May
Affiliation:
Widener University School of Law, Delaware
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Summary

In different parts of the world, governments at all levels – from international bodies, to nations, to small communities – are recognizing the inherent rights of nature to exist, regenerate its vital cycles and be restored when damaged. With the increase in ‘rights of nature’ lawmaking comes the need to develop implementation structures that will advance and track the law’s success in protecting and enhancing environmental well-being. These structures necessarily include standards, including science-based standards that help assess progress toward ‘healthy’ ecosystems and species populations. This chapter introduces the concept of nature’s rights, compares the different ways these rights are expressed in different legal provisions, identifies the nascent standards that are emerging in different contexts, analyses various challenges facing the development of rights of nature standards, and discusses next steps for developing science-based standards for measuring the well-being of nature.
Type
Chapter
Information
Environmental Rights
The Development of Standards
, pp. 342 - 366
Publisher: Cambridge University Press
Print publication year: 2019

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