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Climate One

Should Nature Have Rights?

Climate One

Climate One

Social Sciences, Science, News, News Commentary, Earth Sciences

4.7585 Ratings

🗓️ 28 May 2021

⏱️ 57 minutes

🧾️ Download transcript

Summary

If corporations can be legal persons, why can’t Mother Earth?  In 2017, New Zealand granted the Whanganui River the full legal rights of a person. India also recently granted full legal rights to the Ganges and Yamuna rivers, and recognized that the Himalayan Glaciers have a right to exist. In 2019, the city of Toledo passed the Lake Erie Bill of Rights with 61 percent of the vote, but then a year later, a federal judge struck it down. As Lindsey Schromen-Wawrin, an attorney who represented Lake Erie, explains, the problem stems from a 500-year history of Western property law. Our legal system grants rights to property owners, but not to property itself.  “If we’re treating ecosystems as property, then ultimately, we as property owners have the right to destroy our property and that fundamentally has to change,” Schromen-Wawrin says. Rebecca Tsosie, a law professor focused on Federal Indian law and Indigenous peoples’ human rights, says there are other rights frameworks to consider. “If we go into Indigenous epistemology, many times it’s a relational universe that comes with mutual responsibility.” Guests: Lindsey Schromen-Wawrin, attorney at Shearwater Law, Community Environmental Legal Defense Fund  Rebecca Tsosie, Regents Professor of Law at the University of Arizona, Indigenous Peoples’ Law and Policy Program Carol Van Strum, author of A Bitter Fog, activist Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

AI is incredible. They can teach you how to fry an egg and even write a poem, pirate style.

0:07.0

But it knows nothing about your work. Slackbot is different. It doesn't just know the facts.

0:14.0

It knows your schedule. It can turn a brainstorm into a brief and it doesn't need to be taught.

0:20.0

Because Slackbot isn't just another

0:22.4

AI. It's AI that knows your work as well as you do. Visit Slack.com forward slash meet Slackbot

0:28.8

to learn more. This is Climate 1. I'm Greg Dalton. Western law generally treats the natural environment

0:36.7

as property with all rights resting with its owners.

0:40.1

So if we're treating the Earth and if we're treating ecosystems as property, then ultimately we as property owners have the right to destroy our property.

0:50.1

And that fundamentally has to change.

0:52.5

If corporations can be legal persons, why can't Mother Earth?

0:55.9

And who should defend the rights of our collective natural resources?

0:59.7

What are the rights and responsibilities of individual owners versus the government's obligation

1:08.0

to preserve those resources or at least some decent quality of the resource

1:14.0

because we all rely on that. We can't live without water or air.

1:18.8

Can a forest or river have legal rights of its own? Climate One's empowering conversations

1:24.1

explore all aspects of the climate emergency. I'm Greg Dalton. In the last several years,

1:30.1

a growing number of countries and places within the U.S. have tried to establish legal standing

1:34.6

for natural ecosystems. In 2017, New Zealand granted the Waganui River the full legal rights

1:41.0

of a person. India also recently granted full legal rights to the

1:44.8

Ganges and Yamuna rivers and recognized that the Himalayan glaciers have a right to exist.

1:50.3

In the United States, those efforts have been more complicated and frequently overturned by the

1:55.2

courts. I've invited two guests to talk through the history and complexities of the rights

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