Environmental Personhood: Reimagining Liability For Nature’s Rights

Abstract

This paper delves into the concept of environmental personhood, a legal framework that grants rights to natural entities, such as rivers, mountains, or forests, which inherit rights and legal standing. By recognising the constitutive value of nature, this approach enables its representation and protection in legal proceedings. There are nearly 500 rights of nature laws across 40 countries, statutory enactments and landmark judicial decisions. This global movement is effectively shaping environmental laws practiced globally. Despite this progress, corporations are often not held accountable for their environmental pollution, resulting in adverse effects on both the ecosystem and human health. The paper will examine the reasons for regulatory inaction. This paper will examine the underlying regulations governing crucial issues related to the enforceability of environmental personhood rights, as well as the complexities of guardianship and inheritance of these rights. This legal concept of environmental personhood is an evolving and impactful movement that is reshaping the course of practicing environmental law worldwide.