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.

Authors
Article Title	The River as a Separate Legal Person: Implications for Sustainability Law and Governance
ERA Journal ID	17107
Article Category	Article
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

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