Rights of Nature and the Precautionary Principle

There is an emerging body of environmental law that seeks to give formal rights to Nature’s ecosystems. These laws are intended to surpass standard environmental regulations that have provided weak opposition to the mass degradation of ecosystems. The most radical advancements in the Rights of Nature movement have been the inclusion of Rights of Nature in Ecuador’s 2008 constitution, followed thereafter by Bolivia’s passing of The Law of Mother Earth in 2010. These laws provide a powerful opportunity to reshape our uncritical models of economic “development,” address our unmet moral obligations to future generations, and challenge our understanding of what it means to live a flourishing life. However, there are challenges that must be faced in getting Rights of Nature laws into the public consciousness and political decision-making chambers. This is especially true in Europe, where Rights of Nature laws are non-existent and groups advocating them have only recently begun to emerge. Moreover, it must be ensured that these laws are advanced in a way that is conceptually coherent and rigorous enough to deliver shared prosperity across generations. Central to fulfilling this goal is the identification of connections between Rights of Nature and other conceptually similar environmental laws. With that in mind, this article argues that progress in environmental protection can be made by highlighting the mutually supportive relationship between Rights of Nature laws and the long established, though increasingly threatened, Precautionary Principle.