'Rights of nature' are being recognised overseas; In Australia, local leadership gives cause for optimism
environment grows more urgent. As noted in the most recent State of Environment Report in 2021, we are increasingly turning to «measures of last resort» to prevent species extinctions and the collapse of ecosystems. In legal theory, the "rights of nature" acknowledges all Earth's natural elements as having an inherent right to exist and flourish.
Developments towards recognition of the rights of nature have attracted international attention. In some countries, they have come about through legislative reform, constitutional amendment and the courts.
In Australia, federal, state and territory parliaments have not shown much appetite for introducing the rights of nature principle into legislation.
The Murray-Darling River System (Rights of Nature) Bill 2021 in New South Wales and the Rights of Nature and Future Generations Bill 2019 in Western Australia raised the possibility, but did not progress. One exception is Victoria, where a law protecting the Yarra river and its First Nations custodianship was passed in 2017.
Around the globe, lawyers and policy makers have been engaged in finding ways the law can contribute to the protection of ecosystems.
Conferring ecosystems with rights is one strategy we can use to prevent species extinctions and ensure a «voice» for nature.
Rivers as legal persons
Central to these efforts has been realising the rights of nature based on legal personhood, which confers entitlements and duties on an entity. There are benefits, complexities and risks involved in this approach.
