Legal and expressive: the dual nature of Rights of Nature in Europe

The notion that natural entities like forests, rivers, lagoons, and glaciers should be turned from objects into legal subjects with their own rights or legal personality has increasingly gained traction in Europe. This is underscored by the legal recognition of the Mar Menor lagoon by the Spanish legislator, an Act upheld by the Constitutional Court.

Skepticism surrounding the concept, however, remains., Among other things, this is because a range of alternative frameworks for the protection of nature have been developed in various European jurisdictions. These include the right of associations to file public interest lawsuits or judicial precedents establishing human rights obligations to curb harmful emissions. From this viewpoint, Rights of Nature – often perceived as an idea “transplanted” from the Global South – are rejected by some as incompatible with European legal traditions.

Drawing on our comprehensive analysis of Rights of Nature initiatives adopted across Europe, we show that only a few have resulted in concrete Rights of Nature norms being incorporated into legislation. We nevertheless contend that evaluating the merits of Rights of Nature in Europe solely on the basis of their direct legal outcomes is unduly narrow. In the current "age of rights", asserting rights is frequently a means of catalyzing broader, transformative societal changes – changes that cannot be fully achieved through legal processes alone. Human rights as both legal and moral rights serve as a prime example of this phenomenon. Similarly, the animal rights movement has employed analogous strategies.

Building on expressive theories of law, we argue that the European experience highlights the dual character of the Rights of Nature concept as both legal and expressive. Beyond its potential to generate direct doctrinal or institutional innovations, the expressive dimension of Rights of Nature can play a significant role in raising public awareness and increasing the salience of environmental issues. With its emotive language and symbolism affirming the intrinsic value of and our responsibility for local natural entities, such as the Swiss glaciers, the concept can play a role in reshaping public perceptions and fostering a deeper, more broadly shared commitment to environmental protection.