Publish at April 10 2024 Updated April 10 2024
"We need to move out of the anthropocene and into the symbiocene era "
Glenn Albretch
Did you know that Paris' carbon footprint is 300 times its surface area? Humanity's relationship with its environment has long been dominated by an anthropocentric vision, placing man at the center of all concerns and conferring on nature a utilitarian and limitless function. However, the emergence of bio-perspectivism is challenging this vision, recognizing the intrinsic value of nature and all forms of life.
This shift in thinking is rooted in the social and ecological movements that have marked recent decades, inspiring a profound change in our approach to environmental law.
The rights of nature movement began to take shape in the 1970s, as witnessed by the redwood forest defense case between Christopher Stone and Walt Disney, which laid the groundwork for legal recognition of natural entities by defending the idea that trees should have the right to litigate.
This movement was fueled by struggles to extend rights, particularly those of minorities and women, illustrating a growing desire to incorporate nature into the field of legal rights. We've come a long way, but do you remember the French constitution of 1801, which stated that "woman is given to man as a fruit tree is given to gardeners to bear children"?
Ecuador and Colombia have distinguished themselves as pioneers in this field. In 2008, Ecuador revolutionized its legal framework by recognizing the rights of Pachamama (Mother Earth) in its constitution, a world first. Colombia followed suit in 2018, establishing jurisprudence that recognizes the Rio Atrato as a subject of law, marking a turning point in the fight against deforestation.
These initiatives are not isolated. From Costa Rica, where pollinator rights were recognized in 2020, to Bangladesh, which granted rights to the Turag River in 2019, examples of legal recognition of natural entities are multiplying, testifying to a paradigm shift on a global scale.
In 2019, Uganda, Benin and South Africa are using the law of nature to support the rights of indigenous peoples and protect the cultural rights of the Balamansi, guardians of the environment in Uganda. The Mahori people have their rights to mountains and rivers recognized. Representatives of shamanic traditions are awarded the title of "human face of the river".
Europe, although more timid in adopting similar legislative measures, has seen the emergence of some noteworthy local initiatives. Spain's Mar Menor law, passed in 2022, marks a milestone in recognizing the lagoon's legal status, with a supervisory body made up of scientists, citizens and sentinels.
The concept of solastalgia, introduced by Glenn Albrecht, describes the anguish felt in the face of environmental destruction. This feeling underlines the importance of the emotional ties we maintain with nature, ties which, when broken, reveal the depth of our attachment to our environment.
If, as a parent, we are invested with legal responsibilities for the children we bring into the world, why shouldn't the bonds of love enable us to create legal ties with the living?
The quest for nature's ikigai invites us to reflect deeply on nature's needs and our role as janitors. This introspective approach, at the crossroads of spirituality and ecology, opens the way to a new kind of relationship with our environment, where humans are no longer dominators but partners.
The initiative of Scottish company Faith in Nature, which has included a nature guardian on its board of directors, illustrates a growing trend towards giving nature a voice in decision-making. Although still in its infancy, this approach could significantly transform the way companies interact with their environment.
The Cercle de Giverny, companies such as Bureau Véritas, Kering, trade unions and the convention des entreprises pour le climat are all taking an interest in nature's representatives in decision-making bodies. In the past, it took laws to make room for women in decision-making bodies; now it's nature's turn to make its way.
The evolution of nature's rights represents a call to rethink our relationship with the living world. By recognizing nature's legal rights, we are embarking on the road to a more harmonious and sustainable coexistence. This is a daunting challenge, but also an unprecedented opportunity to redefine our legacy for future generations.
Sources
Becoming stewards of nature - Marine Calmet https://www.babelio.com/livres/Calmet-Devenir-gardiens-de-la-nature/1305522
Emotions of the earth https://www.babelio.com/livres/Albrecht-Les-emotions-de-la-Terre/1210463
Wild Legal https://www.wildlegal.eu
Good planet. A vote and a voice for nature on French corporate boards
https:// www.goodplanet.info/2022/11/17/un-vote-et-une-voix-pour-la-nature-dans-les-conseils-dadministration-des-entreprises-francaises/
Wild Legal.EU www.wildlegal.eu
Ocean Climate Doit de l'océan https://www.ocean-climate.org/wp-content/uploads/2017/02/droit-international_FichesScientifiques_Oct2016_BD_ppp-14.pdf
Wikipedia bio perspectivism https://fr.wikipedia.org/wiki/Eduardo_Viveiros_de_Castro
Should trees be allowed to plead? https://univ-droit.fr/recherche/actualites-de-la-recherche/parutions/26226-les-arbres-doivent-ils-pouvoir-plaider
Rio atrato https://www.dailymotion.com/video/x8fq7m8
Turag River https://notreaffaireatous.org/decision-de-la-haute-cour-du-bangladesh-riviere-turag-2019/
Novethic Solastalgie https://www.novethic.fr/lexique/detail/solastalgie.html
Echo des possibles Ikigai https://www.echodespossibles.fr/post/se-reconnecter-à-la-nature
Finding your raison d'être through Ikigai - Christian Élongué
https://cursus.edu/fr/11854/trouver-sa-raison-detre-grace-a-likigai
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