Magallanes, Catherine Iorns; Sheehan, Linda --- "Reframing rights and responsibilities to prioritize nature" [2017] ELECD 738; in Scanlan, K. Melissa (ed), "Law and Policy for a New Economy" (Edward Elgar Publishing, 2017) 70

Book Title: Law and Policy for a New Economy

Editor(s): Scanlan, K. Melissa

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786434517

Section: Chapter 4

Section Title: Reframing rights and responsibilities to prioritize nature

Author(s): Magallanes, Catherine Iorns; Sheehan, Linda

Number of pages: 27

Abstract/Description:

If we want to encourage the emergence of the new economy that is envisaged in his book, then the legal framework that supports it will need to change. This chapter outlines the essentials of a legal framework that arises from a paradigm that recognizes the importance of nature and re-prioritizes humans’ place within it. It focuses on three essential elements: the recognition of the intrinsic value of nature, the recognition of inherent rights of nature, and the establishment of a framework of human responsibility for nature. Such a legal framework would entail a paradigm shift; however, adoption of such elements in law can also help achieve such a shift in mindset as well as in practice. To this end, this chapter includes examples of existing and proposed laws adopting these three essential and intertwined elements, with global focus areas that include California and Aotearoa New Zealand.