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Craig M. Kauffman - The Politics of Rights of Nature: Strategies for Building a More Sustainable Future

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How Rights of Nature laws are transforming governance to address environmental crises through more ecologically sustainable approaches to development.

With the window of opportunity to take meaningful action on climate change and mass extinction closing, a growing number of communities, organizations, and governments around the world are calling for Rights of Nature (RoN) to be legally recognized. RoN advocates are creating new laws that recognize natural ecosystems as subjects with inherent rights, and appealing to courts to protect those rights. Going beyond theory and philosophy, in this book Craig Kauffman and Pamela Martin analyze the politics behind the creation and implementation of these laws, as well as the effects of the laws on the politics of sustainable development.
Kauffman and Martin tell how community activists, lawyers, judges, scientists, government leaders, and ordinary citizens have formed a global movement to advance RoN as a solution to the environmental crises facing the planet. They compare successful and failed attempts to implement RoN at various levels of government in six countriesBolivia, Colombia, Ecuador, India, New Zealand, and the United Statesasking why these laws emerged and proliferated in the mid-2000s, why they construct RoN differently, and why some efforts at implementation are more successful than others. As they analyze efforts to use RoN as a tool for constructing more ecocentric sustainable development, capable of achieving the 2030 Agenda for Sustainable Development goal of living in harmony with Nature, Kauffman and Martin show how RoN jurisprudence evolves through experimentation and reshapes the debates surrounding sustainable development.

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THE POLITICS OF RIGHTS OF NATURE STRATEGIES FOR BUILDING A MORE SUSTAINABLE - photo 1

THE POLITICS OF RIGHTS OF NATURE

STRATEGIES FOR BUILDING A MORE SUSTAINABLE FUTURE

CRAIG M. KAUFFMAN AND PAMELA L. MARTIN

THE MIT PRESSCAMBRIDGE, MASSACHUSETTSLONDON, ENGLAND

2021 Massachusetts Institute of Technology

This work is subject to a Creative Commons CC-BY-NC-ND license.

Subject to such license, all rights are reserved.

The open access edition of this book was made possible by generous funding from - photo 2

The open access edition of this book was made possible by generous funding from Arcadiaa charitable fund of Lisbet Rausing and Peter Baldwin.

Library of Congress Cataloging-in-Publication Data Names Kauffman Craig M - photo 3

Library of Congress Cataloging-in-Publication Data

Names: Kauffman, Craig M., author. | Martin, Pamela, 1971, author.

Title: The politics of rights of nature : strategies for building a more sustainable future / Craig M. Kauffman and Pamela L. Martin.

Description: Cambridge, Massachusetts : The MIT Press, 2021. | Includes bibliographical references and index.

Identifiers: LCCN 2020053008 | ISBN 9780262542920 (paperback)

Subjects: LCSH: Rights of nature. | Environmental policy.

Classification: LCC K3585 .K38 2021 | DDC 344.04/6dc23

LC record available at https://lccn.loc.gov/2020053008

d_r0

CONTENTS

List of Figures

A pure star network.

The core RoN network (pendants removed).

Ego networks for central GARNembers.

The Latin American RoN network.

The European RoN network.

The relationship of natural, human, and economic systems.: Source: Adapted from Ito 2020, 324.

The hierarchy of rights.: Source: Adapted from Ito 2020, 325.

List of Tables

Two models for structuring Rights of Nature laws

Expansion of Rights of Nature legal provisions, 20062020

Actor type

Activity type

The most central nodes in the Rights of Nature network

Region

Indicators of scope and strength of Rights of Nature laws

Ecuadors Rights of Nature cases 20082020

ACKNOWLEDGMENTS

Writing a book on Rights of Nature (RoN) while Craig is evacuated from wildfires in Oregon and Pam cannot drive her daughter to high school due to flooding in her coastal community brings the subject to life. Over the past ten years of our collaboration, travel, fieldwork, and participation, we have learned so much from RoN activists and collaborators. For this we are eternally grateful. We are also fiercely committed to transforming our Earth systems to better reflect our common responsibility for present and future generations. The isolation and threat of the COVID-19 pandemic has reminded us of how precious life is and how tethered our bond is to Nature and to each other. We hope this book serves as a useful resource for communities struggling to change systems to enable living in harmony with Nature and with each other.

This project would not have been possible without the support of our institutionsCoastal Carolina University (Pam) and the University of Oregon (Craig)and the generous colleagues who read drafts, commented, and provided time for our writing. We thank the Rockefeller Brothers Fund for its generous financial support of our survey project. The Oregon Humanities Center and the College of Arts and Sciences at the University of Oregon provided support for indexing, for which we are grateful. Adam Chamberlain, chair of the Department of Politics at Coastal Carolina University, crafted our first survey, and provided guidance and expertise in survey analysis. We thank Josephine de Mevius for completing the French translation of the survey and Ceclia Perdigo for the Portuguese translation. The authors conducted the Spanish translation. Anna Jernigan and Katya Tkhostova provided invaluable research support for both our network analysis and in creating a dataset of RoN legal provisions. We also thank Alex Putzer for updating our dataset of legal provisions during 2020. We participated in various International Studies Association Environmental Studies Section panels with helpful discussants like Peter Dauvergne and Stacey VanDeveer, and generous colleagues, including Javiera Barandiaron, Robin Broad, and Todd Eisenstadt. Their support and feedback have been critical in our process.

Over the years, we have attended various international RoN forums from Quito to Paris and beyond. We appreciate the openness of RoN movement leaders and are inspired by their determination and perseverance, even when their lives have been threatened. These are our heroes and heroines. We cannot name them all here, but they are woven throughout this book. Special thanks also go to Shannon Biggs, Casey Camp-Horinek, Hugo Echeverria, Natalia Greene, Patricia Gualinga, Tamati Kruger, Stacy Long, Kirsti Luke, Mari Margil, Marsha Moutrie, Maria Mercedes Sanchez, and Linda Sheehan for their leadership and insights.

Beth Clevenger and Anthony Zannino have been stewards in this process. Beth, thank you for attending our panels, sending us emails, reminding us of the importance of this work, and supporting this publication from start to finish. You are valued partners and part of this network. Thanks also to Kate Gibson and the brilliant copy editors of Westchester Publishing Services. Any errors are certainly our oversight.

Above all, we thank our familiesKeerti, Kaavya, and Kaashni (Craig) and Bill, Gabriella, and William (Pam). We have spent long hours away from home, doing fieldwork or locked in our offices, and most recently on Zoom calls. Yet, our time outdoors with you allcamping, hiking, and kayakinghas reinvigorated our efforts and brought the reality of living in harmony with Nature into our hearts. Thank you for giving us the time and spaceand, most important, the reasonto do this.

RIGHTS OF NATURE FOR 2030 AND BEYOND

Water is life. It gives life for all of us: humans, fish, trees, deerindeed, all living beings. Yet the totality of this statement and the deep understanding of our connection to the planet gets lost in everyday lifein city planning, economic development, and the choices we make as individuals, governments, and communities to allow our natural world to be depleted and destroyed. In 2019, the United Nations (UN) scientific body charged with studying Earths biodiversity and ecosystems, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), issued a report concluding that human activity is driving the mass extinction of animal and plant species at a greater rate than ever before in human history (Daz et al. 2019, 3). Existing environmental and human rights laws are clearly unable to provide for ecologically sustainable development or the health and well-being of many communities (Hadden and Seybert 2016). The IPBES report notes that goals for achieving sustainability cannot be met by current trajectories, and goals for 2030 and beyond may only be achieved through transformative change across economic, social, political, and technological factors; it defines the needed change as a fundamental, system-wide reorganization across technological, economic and social factors, including paradigms, goals and values (Daz et al. 2019, 5).

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