Environment
Legal personhood for nature
Definition
Legal personhood for nature confers on a natural entity the status of a legal person, giving it rights that courts must enforce and enabling representatives to act on its behalf. Landmark examples include Ecuador's 2008 constitution recognising the rights of Pachamama (nature), Bolivia's 2011 Law of the Rights of Mother Earth, and New Zealand's 2017 Te Awa Tupua Act granting the Whanganui River legal personhood with Crown- and iwi-appointed guardians.
References
Definition, Stone origin, Ecuador 2008, Bolivia 2011, Whanganui 2017
Model diversity, guardianship, institutional and enforcement requirements
Overview
What it means
The idea, traced to Christopher Stone's 1972 essay Should Trees Have Standing? , solves a standing problem: nature itself, as a rights-holder, can be defended in court rather than relying on plaintiffs to show personal injury.
Models differ — Ecuador grants nature broad substantive rights (including, per its Constitutional Court, a river's right to flow), while the Whanganui model emphasises representation and reflects the river's relationship with Māori.
The approach draws on indigenous worldviews in which nature is a subject, not property; implementation success depends on funded institutions and enforcement, which have often lagged the legal texts.
How it is used
Rights-of-nature provisions appear in constitutions, statutes, court rulings (e. g. Colombia's Atrato River) and local ordinances, and inform litigation, treaty settlements and corporate-environmental debates.
Why it matters
It is the leading legal innovation attempting to shift environmental law from regulating use of nature to recognising nature's own interests.