18th Jun 2024 Gemini 1.5 Pro
Grant Wilson, Executive Director of Earth Law Center (ELC), discusses the organization's mission to grant legal rights and a voice to nature and future generations. He emphasizes the importance of recognizing nature's inherent rights and shifting from a human-centric to an earth-centric legal framework. This approach, known as earth-centered law or earth jurisprudence, recognizes humanity's interconnectedness with nature and advocates for legal systems that reflect this understanding.
ELC's work encompasses various facets of earth-centric law, including rights of nature, rights of future generations, human environmental rights, the public trust doctrine, animal rights, indigenous legalities, and guardianship of nature. Grant highlights the growing momentum of these movements globally, citing examples such as the constitutional enshrinement of rights of nature in Ecuador and the increasing recognition of ecocide as a crime against nature.
The rights of nature movement is basically that nature has rights just like humans do, plain and simple. Currently, there's just one rights holder in most legal systems across the world, and that's humans. And then there's millions of species and ecosystems that are just property under the law. And we think that's not fair, nor is it right. We think that all species have rights because they exist.
Grant addresses common concerns about the practical implications of rights of nature, dismissing slippery slope arguments like lawsuits from insects or restrictions on using natural resources. He emphasizes that the movement focuses on the health of large interconnected ecosystems rather than individual organisms. Grant proposes incorporating principles of reciprocity and regeneration into property rights, suggesting that landowners could be required to contribute to biodiversity corridors and migration pathways.
Grant acknowledges the colonial history and limitations of the concept of "rights," particularly in light of the historical and ongoing oppression faced by indigenous communities and marginalized groups. He emphasizes the importance of learning from indigenous wisdom, which often centers on responsibilities to nature, stewardship, and kinship with the natural world.
It's hard to say that, you know, rights is going to solve everything because it does have this negative history. On the other hand, it keeps expanding and the world gets better and everyone agrees each time it expands, it's a good thing.
ELC strives to incorporate indigenous perspectives and adapt its strategies to the specific contexts of its work. Grant acknowledges that while rights-based legal systems offer a powerful tool for change, decolonizing these systems and exploring alternative frameworks, such as responsibilities to nature, remain crucial for achieving true harmony with the planet.
Grant discusses ELC's innovative work in incorporating nature into corporate law, moving beyond traditional environmental regulations to reimagine corporations as agents of ecological well-being. He cites the example of Faith in Nature, a UK-based company that, with ELC's guidance, appointed nature as a board member, legally represented by proxies from ELC and Lawyers for Nature.
What if we reimagined corporations as as agents of good for the planet?
This groundbreaking initiative raises questions about how to effectively represent nature's interests within a corporate setting. Grant proposes appointing local guardians rooted in the ecosystem, developing training programs for individuals to represent nature's voice, and establishing quantifiable metrics to guide decision-making.
Grant discusses ELC's work in advancing legal protections for oceans and rivers, highlighting the unique challenges and opportunities presented by these ecosystems. He mentions the Universal Declaration of Ocean Rights, introduced at the UN General Assembly, as a potential step towards recognizing the inherent rights of the ocean.
The kind of the next big thing for rivers is do we have to, under a rights of nature framework, do two things. One is establish ecological flows, minimum flows in rivers. I think, yes, they have a right to those flows. And the second is dam removal.
ELC is also involved in efforts to secure legal personhood or rights for specific rivers, such as the Atrato River in Colombia, the Whanganui River in New Zealand, and rivers in Bangladesh. Grant argues for establishing minimum ecological flows for rivers and potentially removing dams that impede their natural flow, citing the upcoming case in Ecuador seeking to remove a dam based on the Dulce Pamba River's legal rights.
The public trust doctrine, a legal theory obligating governments to protect natural resources for the common good, is another key tool in ELC's arsenal. This doctrine has been successfully used in lawsuits against governments for failing to protect water bodies like the Great Salt Lake and Mauna Kea, demonstrating its potential in holding authorities accountable for environmental stewardship.
Grant expresses excitement about the intersection of earth-centric law and blockchain technology, seeing Web3 as a fertile ground for experimentation and rapid innovation. He believes blockchain's decentralized and agile nature aligns well with the need for swift and creative solutions to the environmental crisis.
And actually blockchain, I think is really cool because we're kind of on like the cutting edge of the legal system. And I feel like, you know, blockchain is kind of on the cutting edge of, you know, the financial system. And so we're natural friends with each other.
ELC is exploring the use of Decentralized Autonomous Organizations (DAOs) to represent and manage natural resources. Grant envisions DAOs governed by diverse stakeholders, such as scientists, lawyers, poets, and local community members, making decisions and managing funds in nature's best interests. He also proposes using DAOs to automate ecological interventions, such as purchasing water rights to maintain healthy water levels in threatened ecosystems.
Grant highlights the need for increased funding and support for the earth-centric law movement. He advocates for individuals and organizations to hire earth lawyers, encouraging companies to integrate earth-centric principles into their legal frameworks and urging governments to allocate more resources to support ecocentric law initiatives.
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