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The Transformative Potential of Rights of Nature and Its Relationship to Indigenous Peoples’ Approaches to Ocean Law: Insights from Aotearoa New Zealand

Year: 2026

Type: article

Abstract: This article examines the evolving normative foundations that shape rights of nature (RoN) laws, with particular attention to their application in ocean law and policy. The article discusses the interface between RoN and Indigenous Peoples’ approaches and rights regarding environmental and ocean management at national and international level as observed in Aotearoa New Zealand and identifies lessons for the global RoN movement. It critically assesses the potential of RoN to reshape humanity’s relationship with the marine environment, thereby promoting stronger environmental protection, ecological integrity and enhancing intra- and intergenerational equity, particularly for communities most dependent on the ocean. It also considers whether the limitations of RoN and its relationships and overlaps with existing norms suggest it should be viewed as one frame alongside many, including international environmental principles, Indigenous-led approaches, and ecocentric legal concepts, which, if more rigorously operationalised, may collectively hold greater transformative potential for the ocean.

Source: The International Journal of Marine and Coastal Law

DOI: 10.1163/15718085-20261047

Authors: Ruby Moynihan Magsig, Carwyn Jones, Sandra Kubalek

Institutions: Victoria University of Wellington, Te Wānanga o Raukawa, Max Planck Institute for Comparative Public Law and International Law

Language: English

Topic: Environmental law and policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Life below water, Peace, justice, and strong institutions

Open Access status: hybrid

OpenAlex ID: W7220943651

FWCI:

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