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Kiana Herold – THE RIGHTS OF NATURE: INDIGENOUS PHILOSOPHIES REFRAMING LAW

Indigenous battles to defend nature have taken to the streets, leading to powerful mobilizations like the gathering at Standing Rock. They have also taken to the courts, through the development of innovative legal ways of protecting nature. In Ecuador, Bolivia and New Zealand, indigenous activism has helped spur the creation of a novel legal phenomenon—the idea that nature itself can have rights.

The 2008 constitution of Ecuador was the first national constitution to establish rights of nature. In this legal paradigm shift, nature changed from being held as property to a rights-bearing entity.

Rights are typically given to actors who can claim them—humans—but they have expanded especially in recent years to non-human entities such as corporations, animals and the natural environment.

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