Work

The Illusion of Harmony: Power, Politics, and Distributive Implications of Rights of Nature

Year: 2024

Type: article

Abstract: This article argues that the Rights of Nature (RoN) framework is compatible with various ideological outlooks and political options. As a result, those initiatives may translate into extremely diverse institutional implementations with contrasted outcomes in terms of power distribution. The institutional design of RoN has deep political implications for various social groups who hold conflicting claims over certain territories. Hence, rather than transforming human-nature relations, RoN primarily transform the power relations between human communities. I delve into three conceptual frameworks that could shape the recognition of RoN and explore their respective distributive implications: green colonialism, environmental justice, and the focus on Indigeneity. Through this critical engagement, I wish to warn against the illusion of a post-political ecology where an ecocentric legal declaration would deliver human-nature harmony without deep political battles, social tensions, and economic confrontations. RoN as an abstract notion does not offer a ready-made toolkit to dismantle the legal architecture of fossil capitalism; nor does it provide clear guidance on the distribution of costs and benefits of the green transition.

Source: Transnational Environmental Law

DOI: 10.1017/s2047102523000262

Author: Matthias Petel

Institutions: Harvard University, UCLouvain

Language: English

Topic: Environmental law and policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Life on land

Open Access status: hybrid

Estimated APC paid: $3,450