The River as a Separate Legal Person: Implications for Sustainability Law and Governance
Article
Article Title | The River as a Separate Legal Person: Implications for Sustainability Law and Governance |
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ERA Journal ID | 17107 |
Article Category | Article |
Authors | |
Author | Martin, Rhett |
Journal Title | Environmental and Planning Law Journal |
Journal Citation | 39 (Pt2), pp. 166-184 |
Number of Pages | 18 |
Year | 2023 |
Publisher | Lawbook Co. |
Place of Publication | Australia |
ISSN | 0813-300X |
Web Address (URL) | https://sites.thomsonreuters.com.au/journals/2023/07/04/environmental-and-planning-law-journal-update-vol-39-pt-2/ |
Abstract | Abstract: When the Whanganui River in New Zealand was given separate legal person status in 2017, a new era in the rights of natural entities emerged. This provided increased involvement of local Māori in river management, and the opportunity for the interests of the river to be represented in court. Separate legal standing provides an exciting opportunity to advance Earth Jurisprudence and the recognition of the rights of natural entities. A development of this type should be assessed, at least in part, for its practical effects. What does separate legal personhood in the river mean for sustainability regulation? Are the interests of the river through separate legal person status aligned with sustainability objectives? Does the new regulatory framework provide support for sustainability objectives? This article considers legal developments relating to the Whanganui River from a sustainability perspective, and whether the idea of separate legal personhood of a natural entity provides impetus for a new sustainability agenda. |
Keywords | Legal person, sustainability, earth jurisprudence |
ANZSRC Field of Research 2020 | 410406. Natural resource management |
480299. Environmental and resources law not elsewhere classified | |
480203. Environmental law | |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Institution of Origin | University of Southern Queensland |
Byline Affiliations | University of Southern Queensland |
https://research.usq.edu.au/item/q7x0y/the-river-as-a-separate-legal-person-implications-for-sustainability-law-and-governance
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