DOCSLIB.ORG

THE ASCENT from LEGAL OBJECT to LEGAL PERSON (Analysis)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
THE ASCENT from LEGAL OBJECT to LEGAL PERSON (Analysis) RIGHTS OF NATURE : THE ASCENT FROM LEGAL OBJECT TO LEGAL PERS…O Blog for Animal and Environmental Jurisprudence and Rights 09/08/20, 7:19 PM NLUO BLOG FOR ANIMAL AND ENVIRONMENTAL JURISPRUDENCE AND RIGHTS JULY 20, 2020JULY 20, 2020 NLUO BLOG FOR ANIMAL & ENVIRONMENTAL JURISPRUDENCE AND RIGHTS ARTICLES & DISCUSSIONS, GUEST CONTRIBUTION RIGHTS OF NATURE : THE ASCENT FROM LEGAL OBJECT TO LEGAL PERSON (Analysis) By Mr. Harsh Vardhan Bhati* “The Bihari boatman knows the Ganga as a sanctuary for smooth-coated otters and the critically endangered blind dolphins, cousins of the Amazonian pink boto and the Yangtze River’s baiji. The Dalit fisherfolk know it as the mother of Toofani Baba, their stormy guardian. The Muslims know the river as the place where tazia is immersed on Muharram to celebrate the martyrdom of the Prophet’s grandson and his seventy-two companions. The Buddhists know the river as the metaphor through which the Buddha illustrated many of his teachings. The activist Rakesh Jaiswal knows his stretch of the Ganga in Kanpur as a river plagued with toxic tannery waste, harsh enough to make human skin disintegrate. And many know the river as the place where the ashes of their ancestors disappeared.”[i] Introduction First Nations people have always intuited how trees actually communicate with each other.[ii] They’ve had a dialogue with nature for tens of thousands of years because, in their cosmology, the earth was never mindless or impersonal, it was a sentient life force woven into everything. The mountains talked, the rivers whispered, the land remembered.[iii] It was a source of emotional and spiritual sustenance, one that we – in our industrial, urban hunger – had failed to register.[iv] In 1979, James Lovelock published a slim volume entitled “Gaia: A New Look at Life on Earth”. The book’s central hypothesis is that “the entire range of living matter on Earth, from whales to viruses and from oaks to algae, could be regarded as constituting a single living entity capable of maintaining the Earth’s atmosphere to suit its overall needs and endowed with faculties and powers far beyond those of its constituent parts.”[v] https://saaewnluo.in/2020/07/20/rights-of-nature-the-ascent-from-legal-object-to-legal-person-opinion/ Page 1 of 16 RIGHTS OF NATURE : THE ASCENT FROM LEGAL OBJECT TO LEGAL PERS…O Blog for Animal and Environmental Jurisprudence and Rights 09/08/20, 7:19 PM The idea of giving nature legal rights was first highlighted in essays by University of Southern California law professor Christopher D. Stone, collected into a 1974 book titled “Should Trees Have Standing? Toward Legal Rights for Natural Objects.” Stone argued that if an environmental entity is given “legal personality,” it cannot be owned and has the right to appear in court.[vi] Stone emphasizes that throughout legal history, each successive extension of rights to some new entity has been a bit unthinkable.[vii]He goes on to say that women’s suffrage, the abolition of slavery, prisoners, fetuses and indigenous rights were once unthinkable but gradually became accepted.[viii] Not to mention that corporations have been enjoying the status of legal person since the 1880s.[ix] In this regard, Stone proposed that natural objects be considered ‘persons’ or holders of rights, such that they may be represented in Court by legal guardians, since they themselves are incapable of protecting their own rights.[x] In the 21st century, if we find it strange to view nature the way we view people, that may just be because we’ve grown up in an anthropocentric intellectual tradition that treats the natural world as an object to be examined and exploited for human use, rather than as a subject to be communed with and respected.[xi] Status around the world Several jurisdictions have developed versions of rights of nature regimes, including Ecuador, Bolivia, USA, New Zealand, El Salvador, Colombia, Bangladesh, and India. However, these rights vary significantly from one country to another. In some cases, nature as a whole is granted legal personhood or living entity. Whereas, in other cases parts of nature such as a river, a mountain, a species, a forest— granted the same status. Ecuador and Bolivia In 2008, after a national referendum, Ecuador changed its constitution to reflect rights for nature. It was the first country ever to do so; its move was followed legislatively by Bolivia in 2010.[xii] The Constitution of Ecuador recognizes that Pachamama has rights “to exist, persist, maintain and regenerate its vital cycles, structure, functions and its processes in evolution” and exhorts that “all persons, communities, peoples and nations can call upon public authorities to enforce the rights of nature”.[xiii] In Bolivia, the legal recognition of “Mother Earth” is in the nature of a collective public interest. The Bolivian Constitution allows any person to legally defend the rights of the environment.[xiv] The Law of the Rights of Mother Earth (Ley de Derechos de la Madre Tierra)[xv] incorporated 10 articles, which https://saaewnluo.in/2020/07/20/rights-of-nature-the-ascent-from-legal-object-to-legal-person-opinion/ Page 2 of 16 RIGHTS OF NATURE : THE ASCENT FROM LEGAL OBJECT TO LEGAL PERS…O Blog for Animal and Environmental Jurisprudence and Rights 09/08/20, 7:19 PM enumerated 7 specific rights to Mother Earth and her constituting life systems (i.e. all other biological creatures). Again in 2012, the Framework Law of Mother Earth and Integral Development for Living Well (La Ley Marco de la Madre Tierra y Desarrollo Integral para Vivir Bien),[xvi] which is the most recent law in Bolivia. In both Ecuador and Bolivia, nature has been personified as Pachamama or Mother Earth which is deemed to be a living entity. These were marked departures from the anthropocentric orientation to eco-centric orientation for rights of nature in both the countries. This move is linked to the holistic foundation of the law—to protect nature as a system instead of as discrete forests, streams, lakes, among others.[xvii] The most well-known of all Ecuadorian rights of Nature cases is, arguably, that of Wheeler v. Director de la Procuraduria General del Estado en Loja (the “Vilcabamba case”), litigated in 2010–2011, and internationally heralded as the first successful case where Nature had rights upheld in court.[xviii] The case emerged as a result of the Vilcabamba-Quinare road expansion project parallel to the Vilcabamba river, without a prior environmental impact study, by the provincial government of Loja. [xix] This project was considered to be in breach of nature’s rights, due to the dumping of construction debris into the river, resulting in the narrowing of its width and flooding of nearby areas, subjecting the surrounding populations to significant risks.[xx] The Provincial Court of Justice of Loja ruled in favor of Nature in this case instantiated in the Vilcabamba River and held the Provincial Government responsible for flooding damages.[xxi] USA The idea of giving nature legal rights is not new. It dates to at least 1972, when a Stone, wrote an article titled “Should Trees Have Standing?”[xxii] Stone had hoped to influence a Supreme Court case in which the Sierra Club wanted to block a ski resort in the Sierras.[xxiii] The environmental group lost.[xxiv] Justice William Douglas after reading Stone’s article delivered his famous dissent in Sierra Club v. Morton,[xxv] he embraced the view advocated by Stone: that natural objects should be recognized as legal parties, which could be represented by humans, who could sue on their behalf.” If ships and corporations could be recognized by courts as legal personalities, ecosystems under “the destructive pressures of modern technology and modern life” ought to be able to sue to preserve themselves.[xxvi] Even before Ecuador and Bolivia recognized the rights of nature, nature’s rights were recognized in an ordinance passed by Tamaqua Borough of Schuylkill County, Pennsylvania in 2006, where the natural ecosystems were recognized as legal persons capable of enforcing civil rights. Similar rights of nature ordinances have been passed in other parts of America, such as in Pennsylvania, Maine, New Hampshire, California.[xxvii] Most of these local ordinances have not been tested in Court while a few have been invalidated.[xxviii] https://saaewnluo.in/2020/07/20/rights-of-nature-the-ascent-from-legal-object-to-legal-person-opinion/ Page 3 of 16 RIGHTS OF NATURE : THE ASCENT FROM LEGAL OBJECT TO LEGAL PERS…O Blog for Animal and Environmental Jurisprudence and Rights 09/08/20, 7:19 PM Recently, the Lake Erie Ecosystem Bill of Rights came before Toledo citizens in a referendum in February 2019; 61% voted for it, and Lake Erie became – symbolically, temporarily – a “legal person.”[xxix] New Zealand In 2014, the bill based on the agreement between the government and the Māori regarding the personification of TeUrewera forest became law, bringing into being New Zealand’s first environmental legal person.[xxx] The Whanganui river, which is New Zealand’s third largest river and also its longest navigable river, was granted legal personhood that reflected the Māori’s unique ancestral relationship with the river. [xxxi] The Te Awa Tupua (Whanganui River Claims Settlement) Act, 2017 Act grants legal personhood status to the Whanganui River and its catchment and creates a new governance framework for the river.[xxxii] The Whanganui river will be represented by guardians appointed by the Crown and the Whanganui Iwi, one from each, for the role of protecting the river. Colombia
Load more

Recommended publications
  • Think Globally, Act Locally Public Health and the Anthropocene Evidence Review
    Think Globally, Act Locally Public Health and the Anthropocene Evidence Review Dr. Trevor Hancock, Hon FFPH Retired Professor and Senior Scholar School of Public Health and Social Policy, University of Victoria Prepared For: The Public Health Agency of Canada Contract No: 4500412213 Date: September 4, 2020 PUBLIC HEALTH ASSOCIATION OF BC | #550-2950 Douglas Street, Victoria, BC, V8T 4N4 Phone: 250-595-8422 | Email: [email protected] | Website: phabc.org This publication was produced by PHABC with funding from the Public Health Agency of Canada. The opinions expressed in this publication are those of the authors/researchers and do not necessarily reflect the official views of the Public Health Agenc y of Canada. Think Globally, Act Locally Public Health and the Anthropocene Evidence Review Table of Contents Preamble ................................................................................................................................................................................................... 2 1. Welcome to the Anthropocene ........................................................................................................................................................... 4 a) The Anthropocene as a Geological Phenomenon ............................................................................................................................ 4 b) The Anthropocene as an Ecological Phenomenon ........................................................................................................................... 5
    [Show full text]
  • A Firm Grip on Nature: the Economic Case for Environmental Personhood
    ISSN 1178-2293 (Online) University of Otago Economics Discussion Papers No. 2104 JUNE 2021 A firm grip on nature: The economic case for environmental personhood Viktoria Kahui*, Claire W. Armstrong** and Margrethe Aanesen*** * The University of Otago, New Zealand; corresponding author: [email protected] ** UiT The Arctic University of Norway *** Center for Applied Research, Norwegian School of Economics and Business Address for correspondence: Viktoria Kahui Department of Economics University of Otago PO Box 56 Dunedin NEW ZEALAND Email: [email protected] Telephone: 64 3 479 5278 A firm grip on nature: The economic case for environmental personhood. Viktoria Kahui*, Claire W. Armstrong** and Margrethe Aanesen*** * The University of Otago, New Zealand; corresponding author: [email protected] ** UiT The Arctic University of Norway *** Center for Applied Research, Norwegian School of Economics and Business Administration, Norway Abstract Nature is declining at unprecedented rates. We posit that the external effects of ecosystem degradation can be understood as a lack of property rights of stakeholders advocating on behalf of future generations and the intrinsic value of natural systems. The attempt to capture such property rights represents a transaction cost that is borne by environmental, indigenous and climate change movements. A number of environments worldwide have now been accorded Environmental Personhood (EP). We link the evolution of EP as nature’s equivalent of the firm to the history of corporations as legal entities. An economic case can be made for EPs to allow for 1) the objective of capturing total economic value subject to protecting the environment’s intrinsic value which is represented by the capability of the natural system to maintain its ecosystem functions; 2) a property rights structure opening for ecosystem trade- offs among stakeholders, including those advocating on behalf of the environment and future generations; and 3) interactions among stakeholders that mediate transaction costs.
    [Show full text]
  • 1 Equitably Ending the Fossil Fuel Era: Climate Justice, Capital, & The
    Equitably Ending the Fossil Fuel Era: Climate Justice, Capital, & the Carbon Budget Georges Alexandre Lenferna A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington 2019 Reading Committee: Stephen Gardiner, Chair Carina Fourie Aseem Prakash Michael Blake Program Authorized to Offer Degree: Department of Philosophy 1 ©Copyright 2019 Georges Alexandre Lenferna 2 University of Washington Abstract Equitably Ending the Fossil Fuel Era: Climate Justice, Capital, & the Carbon Budget Georges Alexandre Lenferna Chair of the Supervisory Committee: Stephen Gardiner Department of Philosophy This dissertation makes the moral case for equitably transitioning away from fossil fuels in line with keeping global warming as close as possible to the Paris Climate Agreement’s more stringent target of keeping global warming to 1.5°C above pre-industrial levels. It argues that we should do so while relying as little as possible on risky and uncertain negative emissions and geoengineering technologies, as doing so might prolong the fossil fuel era and pose grave potential costs both to the present and future generations. The dissertation addresses a central objection to the moral imperative to transition away from fossil fuels, namely that it will detrimentally impact the poor and vulnerable. It argues in response that protecting the interests of the poor and vulnerable is best achieved through a rapid yet just transition away from fossil fuels. Based on the moral case to transition away from fossil fuels in line with 1.5°C the dissertation also explores what personal moral responsibility individuals have to take action to reduce fossil fuel usage and act on climate change.
    [Show full text]
  • Exploring Environmental Personhood for Celestial Bodies
    Chicago Journal of International Law Volume 21 Number 2 Article 7 1-1-2021 The Legal Man in the Moon: Exploring Environmental Personhood for Celestial Bodies William B. Altabef Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Part of the Law Commons Recommended Citation Altabef, William B. (2021) "The Legal Man in the Moon: Exploring Environmental Personhood for Celestial Bodies," Chicago Journal of International Law: Vol. 21: No. 2, Article 7. Available at: https://chicagounbound.uchicago.edu/cjil/vol21/iss2/7 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The Legal Man in the Moon: Exploring Environmental Personhood for Celestial Bodies William B. Altabef Abstract The rise of the commercial space industry endangers the preservation of environments, such as the lunar surface and other celestial bodies, with the threat of contamination and resource exploitation. In the coming decades, flights to space will become commonplace—but at present, there is no way to hold outer space polluters accountable. The existing international legal regime is weak, with the United Nations’ space treaties offering limited enforcement mechanisms against offenders. The increasingly popular concept of environmental personhood offers a solution by rethinking the meaning of a juridical person within the text of the United Nations Outer Space, Space Liability, and Moon treaties. Utilizing the International Court of Justice, outer space environmentalists can seek to recognize celestial bodies as juridical persons and gain third-party standing to protect the rights of the Moon and seek damages for environmental degradation.
    [Show full text]
  • The Question of Algorithmic Personhood and Being
    Article The Question of Algorithmic Personhood and Being (Or: On the Tenuous Nature of Human Status and Humanity Tests in Virtual Spaces—Why All Souls Are ‘Necessarily’ Equal When Considered as Energy) Tyler Lance Jaynes Alden March Bioethics Institute, Albany Medical College, Albany, NY 12208, USA; [email protected] Abstract: What separates the unique nature of human consciousness and that of an entity that can only perceive the world via strict logic-based structures? Rather than assume that there is some potential way in which logic-only existence is non-feasible, our species would be better served by assuming that such sentient existence is feasible. Under this assumption, artificial intelligence systems (AIS), which are creations that run solely upon logic to process data, even with self-learning architectures, should therefore not face the opposition they have to gaining some legal duties and protections insofar as they are sophisticated enough to display consciousness akin to humans. Should our species enable AIS to gain a digital body to inhabit (if we have not already done so), it is more pressing than ever that solid arguments be made as to how humanity can accept AIS as being cognizant of the same degree as we ourselves claim to be. By accepting the notion that AIS can and will be able to fool our senses into believing in their claim to possessing a will or ego, we may yet Citation: Jaynes, T.L. The Question have a chance to address them as equals before some unforgivable travesty occurs betwixt ourselves of Algorithmic Personhood and Being and these super-computing beings.
    [Show full text]
  • The Constitution United States of America
    This publication supplements Senate Document 112–9, The Constitution of the United States of America: Analysis and Interpretation—it should be inserted into the pocket on the inside back cover of that volume 115th Congress DOCUMENT " SENATE ! 2d Session No. 115–8 THE CONSTITUTION OF THE UNITED STATES OF AMERICA ANALYSIS AND INTERPRETATION 2018 SUPPLEMENT ANALYSIS OF CASES DECIDED BY THE SUPREME COURT OF THE UNITED STATES TO JUNE 28, 2018 PREPARED BY THE CONGRESSIONAL RESEARCH SERVICE LIBRARY OF CONGRESS VALERIE BRANNON CAITLAIN DEVEREAUX LEWIS ANDREW NOLAN ATTORNEY EDITORS GEORGIA GKOULGKOUNTINA MEGHAN TOTTEN LEGAL EDITORS U.S. GOVERNMENT PUBLISHING OFFICE 31–344 WASHINGTON : 2018 Online Version: www.gpo.gov/constitutionannotated For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402–0001 ISBN 978-0-16-094937-1 31-344_CX.pdf 1 10/25/18 11:49 AM 31-344_CX.pdf 2 10/25/18 11:49 AM CONTENTS CONTENTS ............................................................................................................... 1 ARTICLE I ................................................................................................................ 2 ARTICLE II .............................................................................................................19 ARTICLE III ...........................................................................................................29 ARTICLE
    [Show full text]
  • Towards Juridical Personhood for an Ecosystem Nicholas Bilof Golden Gate University School of Law
    Golden Gate University Environmental Law Journal Volume 10 | Issue 1 Article 6 May 2018 The Right to Flourish, Regenerate, and Evolve: Towards Juridical Personhood for an Ecosystem Nicholas Bilof Golden Gate University School of Law Follow this and additional works at: https://digitalcommons.law.ggu.edu/gguelj Part of the Environmental Law Commons, and the Water Law Commons Recommended Citation Nicholas Bilof, The Right to Flourish, Regenerate, and Evolve: Towards Juridical Personhood for an Ecosystem, 10 Golden Gate U. Envtl. L.J. 111 (2018). https://digitalcommons.law.ggu.edu/gguelj/vol10/iss1/6 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Environmental Law Journal by an authorized editor of GGU Law Digital Commons. For more information, please contact [email protected]. Bilof: The Right to Flourish, Regenerate, and Evolve THE RIGHT TO FLOURISH, REGENERATE, AND EVOLVE: TOWARDS JURIDICAL PERSONHOOD FOR AN ECOSYSTEM NICHOLAS BILOF 1 I. INTRODUCTION: THE RIVER THAT OOZED RATHER THAN FLOWED On June 22, 1969, the Cuyahoga River in Cleveland ignited into flames as a passing train spattered sparks into its water. When TIME magazine published photos of the Cuyahoga burning alongside a story that described the river as “so saturated with sewage and industrial waste that it ‘oozes rather than flows,’” concern erupted across the country.2 In retrospect a half-century later, TIME noted that “the flaming Cuyahoga became a figurehead
    [Show full text]
  • Green Crimes and International Criminal Law
    Green Crimes and International Criminal Law Edited by Regina M. Paulose International Criminal Law Attorney Series in Law Copyright © 2021 by the authors. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Vernon Art and Science Inc. www.vernonpress.com In the Americas: In the rest of the world: Vernon Press Vernon Press 1000 N West Street, Suite 1200 C/Sancti Espiritu 17, Wilmington, Delaware, 19801 Malaga, 29006 United States Spain Series in Law Library of Congress Control Number: 2021930376 ISBN: 978-1-64889-109-0 Cover design by Vernon Press. Cover image by Sagina Vadakal and Tess M. Paulose. Product and company names mentioned in this work are the trademarks of their respective owners. While every care has been taken in preparing this work, neither the authors nor Vernon Art and Science Inc. may be held responsible for any loss or damage caused or alleged to be caused directly or indirectly by the information contained in it. Every effort has been made to trace all copyright holders, but if any have been inadvertently overlooked the publisher will be pleased to include any necessary credits in any subsequent reprint or edition. Table of contents Foreword v Introduction vii Regina Menachery Paulose International Criminal Law Attorney List of Abbreviations xi Chapter 1 Green Criminology: A rights-based approach 1 Dr. Zoi Aliozi International Human Rights Lawyer Chapter 2 Environmental Personhood Towards a Rights Based Approach for Nature and Humanity 35 Prayank Jain The Fletcher School of Law and Diplomacy, Tufts Chapter 3 Addressing Environmental Harm in Conflicts within Africa: Scope for International Criminal Law? 65 Damian Etone University of Stirling Chapter 4 Legal challenges to the inclusion of a crime of ecocide in the Rome Statute of the International Criminal Court 107 Beatrice L.
    [Show full text]
  • Pdf Download
    Towards a European Charter of the Rights of Nature Research Paper, October 2019 Lea Di Salvatore Disclaimer: This publication received financial support from the European Parliament. Sole liability rests with the author and the European Parliament is not responsible for any use that may be made of the information contained therein With the financial support of the European Parliament Towards a European Charter of the Rights of Nature Lea Di Salvatore Abstract Combating climate change entails operating a systemic shift in our society, economy and narratives. This shift must be sustained by a strong legal infrastructure based on the Rule of Law and effective enforcement set to protect the environment and humankind as a whole. The EU Environmental acquis comprises of more than 500 legal documents, including strategic ones in the areas of climate change and environmental protection. Yet, there is not a European formal statement of the rights pertaining to the environment as a whole (such as a Charter). This article investigates how the adoption of a EU Charter enshrining the rights of Nature could constitute the much needed paradigm shift and what are the external and internal drivers pushing for the adoption of such instrument. More precisely, this article focuses first on how climate change has drastically changed the landscape of international and European environmental law, inevitably leading to the urgency for a new global environmental governance and an in-depth remodelling of our institutional structures. The second section will analyse more in detail the state of art of European environmental protection. Specifically, it will focus on the widespread lack of access to justice and judicial review at EU level, on the scarce compliance with environmental objectives and rules and on the recurrent issues related to legal standing in environmental and climate-related matters.
    [Show full text]
  • Freedom from Poverty As a Human Right: Who Owes What to the Very
    OXFORD Freedom from Poverty as a Human Right Who owes what to the very poor? Edited by Thomas Pogge The Philosopher’s Library series UNESCO Publishing FREEDOM FROM POVERTY AS A HUMAN RIGHT Freedom from Poverty as aHumanRight Who Owes What to the Very Poor? Edited by THOMAS POGGE 1 3 Great Clarendon Street, Oxford ox2 6dp Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trademark of Oxford University Press in the UK and in certain other countries Published in the United States by Oxford University Press Inc., New York © UNESCO 2007 All rights reserved Published jointly in 2007 by the United Nations Educational, Scientific and Cultural Organization (UNESCO), 7, place de Fontenoy, 75007 Paris, France, and Oxford University Press, Great Clarendon Street, Oxford ox2 6dp, United Kingdom The moral rights of the authors have been asserted Database right Oxford University Press (maker) First published 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization.
    [Show full text]
  • Download the Roadmap
    Liability Roadmap This roadmap shows decision-makers and movements how to use a variety of tools— at the local, national, and global levels— to hold polluting industries liable for the damage they knowingly cause. TABLE OF CONTENTS 3 Partners and contact us 4 Introduction 4 Introducing liability roadmap 5 Liability requires all of us 6 Why liability? 10 What is liability? 11 Principles for advancing liability 13 The liability roadmap 15 Local, territorial, state, province 21 National 29 International 37 All or multiple levels of action 46 Case Studies 47 Chevron and Texaco in Ecuador 49 Big Tobacco Master Settlement Agreement 51 Indian fishermen, the World Bank, and the US Supreme Court 53 Primacy of the rights of nature 55 References 2 PARTNERS CONTACT US LINKS This liability roadmap is meant to be a living document Visit the liability roadmap online: that will continue to be updated as new opportunities, https://liabilityroadmap.org/ guidance, and case studies emerge. The global call to make big polluters pay: Please reach out to [email protected] if you: https://makebigpolluterspay.org/ • Would like to suggest an addition to the roadmap, such as a case study, a toolkit, or liability measure not currently reflected here. Civil Society Action Center • Are a public decision-maker or social justice leader looking for support in advancing one or more of the https://makebigpolluterspay.org/act liability measures laid out in this roadmap. While we may not be the right people to assist with every request, we will do our best to provide additional resources and connect you to a convening organization that may be able to support you.
    [Show full text]
  • 1 IPBES Global Assessment Chapter 6 – Supplementary Materials
    IPBES Global Assessment Chapter 6 – Supplementary materials Contents 6.1 TOWARDS TRANSFORMATIVE GOVERNANCE ................................................................ 2 6.1.1 Market-based instruments (MBI) ............................................................................................................ 2 6.1.2 Rights-based approaches ........................................................................................................................ 2 6.1.3 Governance recognizing the role of IPLCs and ILK ................................................................................... 3 6.1.4 Transformative governance in the Arctic ................................................................................................ 6 6.2 INTEGRATED APPROACHES FOR SUSTAINABLE LANDSCAPES ................................ 8 6.2.1 Background ............................................................................................................................................. 8 6.2.2 Feeding the world without consuming the planet ................................................................................... 9 6.2.3 Managing multifunctional forests ......................................................................................................... 14 6.2.4 Protecting nature .................................................................................................................................. 23 6.3 INTEGRATED APPROACHES FOR SUSTAINABLE FRESHWATER ...................... 29 6.4 INTEGRATED APPROACHES
    [Show full text]