WATER WITH STANDING: A COMPARATIVE ANALYSIS OF THE LEGAL PERSONALITIES OF LAKE ERIE AND TE AWA TUPUA
Date of Award
2019
Document Type
Thesis
Degree Name
Bachelors
Department
Social Sciences
Second Department
Natural Sciences
First Advisor
Saarinen, Emily
Area of Concentration
Environmental Science
Abstract
Human survival is dependent on a functioning environment to support our basic requirements of life. The estimated value of Earth’s ecosystem services is $125 trillion annually, but consistent degradation is limiting the ability of the environment to perform ecosystem services. The significant environmental impacts of human activity necessitate a new approach to environmental law, in which nature is granted basic rights to exist without pollution or destruction. The Rights of Nature movement calls for a shift in the relationship between ecology and law that acknowledges the interdependence of human and natural communities. In 2017, New Zealand passed the Te Awa Tupua (Whanganui River Claims Settlement) Act, which is the most comprehensive Rights of Nature law to date, particularly in its guardianship approach to the Whanganui River ecosystem. In 2019, the city of Toledo, Ohio, passed the Lake Erie Bill of Rights, the first law in the U.S. to give legal rights to an entire, distinct ecosystem, the Lake Erie watershed. These case studies were assessed in comparison for their use of environmental personhood at the ecosystem level, the enforceability of their specific legal rights, and their ability to impact regional environmental management. This thesis aims to evaluate the effectiveness of two current Rights of Nature laws to inform future policy regarding the use of environmental personhood.
Recommended Citation
Johnson Hogan, Devin, "WATER WITH STANDING: A COMPARATIVE ANALYSIS OF THE LEGAL PERSONALITIES OF LAKE ERIE AND TE AWA TUPUA" (2019). Theses & ETDs. 5724.
https://digitalcommons.ncf.edu/theses_etds/5724