Rights of Nature Beyond Legal Personhood: Guardianship Bodies as a Framework for Indigenous Co-Management in the United States
Year: 2026
Type: dissertation
Abstract: Rights of Nature (RoN) and legal personhood have emerged as increasingly influential legal responses to the limitations of traditional environmental law. These legal conceptualizations seek to challenge the longstanding Western perception of Nature as property or resource by recognizing natural beings as entities possessing inherent value and legal interests independent of human use. Although many jurisdictions have adopted Rights of Nature or legal personhood through constitutions, legislation, or judicial decisions, their implementation has produced widely differing outcomes. This thesis argues that these differences are explained less by the recognition of legal rights or legal personhood itself than by the governance structures established to implement them and the extent to which Indigenous communities participate in their development and stewardship. Using comparative legal analysis, this thesis examines the implementation of Rights of Nature and legal personhood in Ecuador, India, New Zealand, and the United States. It first demonstrates that Indigenous involvement consistently strengthens these legal conceptualizations by informing stewardship principles, governance structures, and practical implementation. Building upon these comparative findings, the thesis examines the development of Rights of Nature within the United States. It argues that municipal Rights of Nature ordinances have repeatedly encountered constitutional and procedural barriers, while existing examples of Indigenous co-management demonstrate the potential for more durable governance arrangements. This thesis ultimately argues that the principal lesson New Zealand offers the United States is not legal personhood itself, but the institutional framework through which it is implemented. Statutory guardianship bodies provide a more durable and effective mechanism for incorporating Indigenous authority into environmental governance than existing consultation or executive-based co-management arrangements. By institutionalizing Indigenous leadership and embedding Rights of Nature within continuing governance structures, guardianship bodies provide the strongest pathway for transforming environmental stewardship in the United States from one grounded in extraction and human dominion toward one founded upon reciprocity, responsibility, and enduring relationships between people and the natural world.
Author: Santy, Nina Marjorie
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7222857813