The River as a Separate Legal Person: Implications for Sustainability Law and Governance

Article


Martin, Rhett. 2023. "The River as a Separate Legal Person: Implications for Sustainability Law and Governance." Environmental and Planning Law Journal. 39 (Pt2), pp. 166-184.
Article Title

The River as a Separate Legal Person: Implications for Sustainability Law and Governance

ERA Journal ID17107
Article CategoryArticle
Authors
AuthorMartin, Rhett
Journal TitleEnvironmental and Planning Law Journal
Journal Citation39 (Pt2), pp. 166-184
Number of Pages18
Year2023
PublisherLawbook Co.
Place of PublicationAustralia
ISSN0813-300X
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.

KeywordsLegal person, sustainability, earth jurisprudence
ANZSRC Field of Research 2020410406. Natural resource management
480299. Environmental and resources law not elsewhere classified
480203. Environmental law
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File reproduced in accordance with the copyright policy of the publisher/author.

Institution of OriginUniversity of Southern Queensland
Byline AffiliationsUniversity of Southern Queensland
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https://research.usq.edu.au/item/q7x0y/the-river-as-a-separate-legal-person-implications-for-sustainability-law-and-governance

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