Exploring the legal and social emergence of rights of nature as a form of environmental protection

Overview

This is an opportunity to conduct fully funded interdisciplinary research under the Sustainable Transitions Leverhulme Doctoral Training Programme at the University of Essex.

This project will examine Rights of Nature (RoN), drawing from both legal and sociological perspectives. The RoN movement has gained traction in recent years as a novel approach to environmental protection and the rethinking of nature-human relationships. Originating in the rights movements of communities in Amercia and Indigenous Peoples in South America, rights of nature laws were then adopted around the globe. The initiative behind granting rights or personhood to nature is, clearly, an attempt to safeguard ecological systems. More fundamentally, it represents a deeper philosophical shift that redefines nature as a legal subject, rather than merely an object or resource for human exploitation.

By recognising nature as a rights-holder, the aim of RoN initiatives is to establish a more sustainable and respectful relationship between humans and nature. In addition to legal protection, these initiatives seek to promote a cultural and ethical shift whereby nature is seen as a living entity with intrinsic value. Such a cultural shift requires sociological exploration of how different stakeholders, institutions and communities have understood, realised or contested RoN in practice.

The proposal should seek to analyse aspects of the legal developments relating to RoN within their sociological and cultural contexts.

Interdisciplinary focus

The project will use legal methodologies suitable for the aims of the research, as appropriate (e.g. doctrinal, normative, comparative), to examine the characteristics, challenges and opportunities of the RoN movement; as well as qualitative sociological methodologies to, for example, unravel the dynamics around people, power, justice and institutions involved in relation to the RoN movement.

Training and support

You will be supported through the Sustainable Transitions training programme which provides initial training in interdisciplinary research methods, training in the secondary discipline within the project area, and ongoing training throughout the duration of the programme. All doctoral scholars benefit from the support of Proficio, which entitles you to £2,500 that can be used to purchase training courses either within or external to the University.

Additionally, all scholars are entitled to an additional £10,000 that can be used to cover research costs and further training. Doctoral scholars are encouraged to audit/attend University masters and degree level courses where appropriate. You will also have the support of the Sustainable Transitions management team as well as your own supervisory team. All Sustainable Transitions scholars will become part of the University of Essex Centre for Environment and Society through which ongoing events and networking opportunities are available.

Person specification

This opportunity would suit a candidate with a degree/ background in law, with knowledge of international law and human rights. The successful candidate should also have an interest in understanding the cultural and sociological aspects of RoN. It is not necessary for the candidate to have prior training in sociology or qualitative methods as this will be provided in the programme.

Research proposal

The project area is broadly defined, leaving scope for the applicant to develop their own specific research proposal as part of the application. The successful candidate will further develop their proposal in close consultation with the supervisory team.

Supervision

The primary discipline supervisor takes the lead responsibility for supervising the project. For further detail relating to supervision see the Guidance for Applicants (.docx) document.

Additional background information

We are facing a triple planetary crisis. Environmental protection laws are failing to limit pollution and destruction of forests and halt the rapid decline in biodiversity. At the same time, environmental human rights, including of indigenous peoples, are failing to deliver a right to a healthy environment. Changing the way that we value the biosphere and ecological resources offers a new way to enhance much-needed environmental protection. Drawing on ecocentric perspectives, including indigenous cosmologies, so-called ‘rights of nature’ (RoN) approaches offer new solutions by providing a different way of viewing ‘nature’, and importantly, by giving ‘nature’ a voice.

The social movement to recognise the rights of nature has undoubtedly achieved significant legal milestones, yet it continues to face considerable challenges. As such, there is wide scope for the candidate to develop a particular focus for the research.

One of the primary obstacles is knowing what it means to give rights to nature, or a river, or a forest, and what difference it makes. Who can advocate on behalf of those entities and who can claim to know how the river would exercise those rights? The project could explore how advocates have made this case through both legal and cultural spheres. Secondly, what happens when those rights of nature are in opposition to rights of people in the form of property rights or rights to development? Using case studies, the project could explore how rights are contested by different actors and stakeholders. Thirdly, how are those rights enforced? Even in regions where legal rights for nature have been established, it is often difficult to ensure the practical implementation of those rights. Governments and corporations that are motivated by economic interests often resist full enforcement of such laws, or may even co-opt RoN processes, which leads to implementation gaps between the legal recognition of nature’s rights and their protection in reality. Local populations too may oppose granting rights to nature, whether for economic, cultural or other reasons. The project could also explore how different communities or societies engage with RoN, and how enforcement might be transforming our understandings of nature/society relations.

Despite the many challenges, the RoN movement, which initially had highly localized origins, has begun to influence other legal systems, including some in the global north. This growing influence is particularly evident at local and regional levels, where the concept of ‘nature’ as a legal entity is increasingly shaping laws. The fact that the movement’s ideas are gradually influencing new legal frameworks and new social movements beyond their initial contexts suggests that the RoN concept has gained both global relevance and adaptability. Thus, as with any new rights movement, the exact contours and limits of those rights have still to be fully examined to map achievements to date, including in different socio-cultural contexts, and to assess how much further those rights could be developed in the future.

How to Apply

Full details available at Sustainable Transitions Leverhulme Doctoral Training Programme.

Supervisory team references

1. M. Lostal, A. Shanker, D. Calley, “One Step Forward, Two Steps Back: The Search for ‘Rights’ in the Ecuador Animal Rights Bill” DALPS Animal Legal and Policy Studies (2024) 546–587.
2. M. Lostal “The Environment and the ICC Legal Framework concerning Victims”, Comment on OTP Environmental Crimes Policy (16 March 2024), download the PDF.
3. Karen Hulme, “International Environmental Law and Human Rights”, Sheeran and Rodley (eds), Routledge Handbook of International Human Rights Law (Routledge, 2013). 
4. Morgan Brett, B. & Wheeler, K. (2021) How to do Qualitative Interviewing, London: Sage Publications
5. Wheeler, K. (2019) The Moral Economies of Consumption. Journal of Consumer Culture,19(2): 271-288, https://doi.org/10.1177/1469540517729007