Rights of Nature in Europe

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1040013015
Total Pages : 349 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Rights of Nature in Europe by : Jenny García Ruales

Download or read book Rights of Nature in Europe written by Jenny García Ruales and published by Taylor & Francis. This book was released on 2024-04-09 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation. Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work. This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.

Natural Law and Laws of Nature in Early Modern Europe

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Author :
Publisher : Routledge
ISBN 13 : 1317089766
Total Pages : 457 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Natural Law and Laws of Nature in Early Modern Europe by : Michael Stolleis

Download or read book Natural Law and Laws of Nature in Early Modern Europe written by Michael Stolleis and published by Routledge. This book was released on 2016-04-22 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

Sustainability and the Rights of Nature in Practice

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Author :
Publisher : CRC Press
ISBN 13 : 0429000391
Total Pages : 436 pages
Book Rating : 4.4/5 (29 download)

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Book Synopsis Sustainability and the Rights of Nature in Practice by : Cameron La Follette

Download or read book Sustainability and the Rights of Nature in Practice written by Cameron La Follette and published by CRC Press. This book was released on 2019-09-30 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainability and the Rights of Nature in Practice is the much-needed complementary volume to Sustainability and the Rights of Nature: An Introduction (CRC Press, May 2017). The first book laid out the international precursors for the Rights of Nature doctrine and described the changes required to create a Rights of Nature framework that supports Nature in a sustainable relationship rather than as an exploited resource. This follow-up work provides practitioners from diverse cultures around the world an opportunity to describe their own projects, successes, and challenges in moving toward a legal personhood for Nature. It includes contributions from Nepal, New Zealand, Canadian Native American cultures, Kiribati, the United States and Scotland, amongst others, by practitioners working on projects that can be integrated into a Rights of Nature framework. The authors also tackle required changes to shift the paradigm, such as thinking of Nature in a sacred manner, reorienting Nature’s rights and human rights, the conceptualization of restoration, and the removal of large-scale energy infrastructure. Curated by experts in the field, this expansive collection of papers will prove invaluable to a wide array of policymakers and administrators, environmental advocates and conservation groups, tribal land managers, and communities seeking to create or maintain a sustainable relationship with Nature. Features: Addresses existing projects that are successfully implementing a Rights of Nature legal framework, including the difference it makes in practice Presents the voices of practitioners not often recognized who are working in innovative ways towards sustainability and the need to grant a voice to Nature in human decision-making Explores new ideas from the insights of a diverse range of cultures on how to grant legal personhood to Nature, restrain damaging human activity, create true sustainability, and glimpse how a Rights of Nature paradigm can work in different societies Details the potential pitfalls to Rights of Nature governance and land use decisions from people doing the work, as well as their solutions Discusses the basic human needs for shelter, food, and community in entirely new ways: in relationship with Nature, rather than in conquest of it

Constitutionalisation of Environmental Protection in EU Law

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Author :
Publisher :
ISBN 13 : 9789089522061
Total Pages : 0 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Constitutionalisation of Environmental Protection in EU Law by : Alicja Sikora

Download or read book Constitutionalisation of Environmental Protection in EU Law written by Alicja Sikora and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the unique process of legal evolution in the field of environmental law, which is denoted as constitutionalisation of the environmental protection in the EU legal order. This notion refers to the process of transformation of this particular area of law, which is reflected in its novel, autonomous features and materialised through the normative and jurisprudential elevation of environmental objectives and principles. In the course of recent years, environmental protection has evolved from a sectoral policy to one of the core, transversal principles of the EU legal order. Grasped through the prism of the principles of integration and coherence, environmental protection has become an all-present and influential aspect of EU legislation, while at the same time reaching the status of a fundamental value underlying the constitutional dimension of the European Union as a community of law. This book examines this process on the basis of comparative legal analysis, the current practice of EU institutions, and the recent case-law of the Court of Justice of the EU.

Greening Europe

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Author :
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110669218
Total Pages : 482 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Greening Europe by : Anna-Katharina Wöbse

Download or read book Greening Europe written by Anna-Katharina Wöbse and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-12-20 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, the environment seems omnipresent in European policy within and beyond the European Union. The idea of a shared European environment, however, has come a long way and is still being contested. Greening Europe focuses on the many ways people have interacted with nature and made it an issue of European concern. The authors ask how notions of Europe mattered in these activities and they expose the many entanglements of activists across the subcontinent who set out to connect and network, and to exchange knowledge, worldviews, and strategies that exceeded their national horizons. Moving beyond human agency, the handbook also highlights the eminent role nature played in both "greening" Europe and making Europe a shared environment.

The Environmental Rights Revolution

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Author :
Publisher : UBC Press
ISBN 13 : 0774821639
Total Pages : 470 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Environmental Rights Revolution by : David R. Boyd

Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Wild Law

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Publisher : Siber Ink
ISBN 13 : 1920025723
Total Pages : 243 pages
Book Rating : 4.9/5 (2 download)

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Book Synopsis Wild Law by : Cormac Cullinan

Download or read book Wild Law written by Cormac Cullinan and published by Siber Ink. This book was released on 2011-05-01 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this visionary book, Cormac Cullinan explains how, if the community of life on Earth is to survive, a new understanding of nature and a new concept of legal systems are needed. Cullinan proposes a new approach or "e;Earth Jurisprudence"e; and gives practical guidance on how to begin moving towards it. He shows that this philosophy could help develop new legal systems that would foster human connections to nature. It would encourage personal and social practices that ensure our planet remains liveable.Wild Law is an inspiring and stimulating book, which fuses politics, legal theory, ancient wisdom and personal experiences into a fascinating and eminently readable story.

Sustainability and the Rights of Nature

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Author :
Publisher : CRC Press
ISBN 13 : 1351652052
Total Pages : 584 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Sustainability and the Rights of Nature by : Cameron La Follette

Download or read book Sustainability and the Rights of Nature written by Cameron La Follette and published by CRC Press. This book was released on 2017-06-01 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainability and the Rights of Nature: An Introduction is a much-needed guide that addresses the exciting and significant paradigm shift to the Rights of Nature, as it is occurring both in the United States and internationally in the fields of environmental law and environmental sustainability. This shift advocates building a relationship of integrity and reciprocity with the planet by placing Nature in the forefront of our rights-based legal systems. The authors discuss means of achieving this by laying out Nature’s Laws of Reciprocity and providing a roadmap of the strategies and directions needed to create a Rights of Nature-oriented legal system that will shape and maintain human activities in an environmentally sustainable manner. This work is enriched with an array of unique and relevant points of reference such as the feudal notions of obligation, principles of traditional indigenous cultivation, the Pope Francis Encyclical on the environment, and the new Rights of Nature-based legal systems of Ecuador and Bolivia that can serve as prototypes for the United States and other countries around the world to help ensure a future of environmental sustainability for all living systems.

The Right to Nature

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Author :
Publisher : Routledge
ISBN 13 : 0429763093
Total Pages : 323 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The Right to Nature by : Elia Apostolopoulou

Download or read book The Right to Nature written by Elia Apostolopoulou and published by Routledge. This book was released on 2018-12-07 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 2008 financial crash the expansion of neoliberalism has had an enormous impact on nature-society relations around the world. In response, various environmental movements have emerged opposing the neoliberal restructuring of environmental policies using arguments that often bridge traditional divisions between the environmental and labour agendas. The Right to Nature explores the differing experiences of a number of environmental-social movements and struggles from the point of view of both activists and academics. This collection attempts to both document the social-ecological impacts of neoliberal attempts to exploit non-human nature in the post-crisis context and to analyse the opposition of emerging environmental movements and their demands for a radically different production of nature based on social needs and environmental justice. It also provides a necessary space for the exchange of ideas and experiences between academics and activists and aims to motivate further academic-activist collaborations around alternative and counter-hegemonic re-thinking of environmental politics. This book will be of great interest to students, scholars and activists interested in environmental policy, environmental justice, social and environmental movements.

Green European

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Author :
Publisher : Routledge
ISBN 13 : 1317301188
Total Pages : 254 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Green European by : Audrone Telesiene

Download or read book Green European written by Audrone Telesiene and published by Routledge. This book was released on 2016-07-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Green European addresses the quest for a better understanding of European type(s) of environmentalism. This monograph focuses on public attitudes and behaviours and the culturally rooted as well as country specific differences. The book addresses the wider issue that many European countries are rendered ‘green’ or as having an advanced environmental awareness, but the question - ‘how green are Green Europeans really’, is yet to be answered. The book covers a variety of unique data-driven comparative studies and is divided into three parts: the first addresses perceptions of environmental and technological threats and risks, the second part deals with environmental activism in Europe, the third discusses environmental attitudes, environmental concerns and their imminent link to personal pro-environmental behaviour. The empirical comparative nature of the contributions is enabled by data from the International Social Survey Programme (ISSP).

A Europe of Rights

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191560200
Total Pages : 896 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis A Europe of Rights by : Helen Keller

Download or read book A Europe of Rights written by Helen Keller and published by OUP Oxford. This book was released on 2008-07-31 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.

Understanding the Rights of Nature

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Author :
Publisher : transcript Verlag
ISBN 13 : 383945431X
Total Pages : 169 pages
Book Rating : 4.8/5 (394 download)

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Book Synopsis Understanding the Rights of Nature by : Mihnea Tanasescu

Download or read book Understanding the Rights of Nature written by Mihnea Tanasescu and published by transcript Verlag. This book was released on 2022-01-31 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rivers, landscapes, whole territories: these are the latest entities environmental activists have fought hard to include in the relentless expansion of rights in our world. But what does it mean for a landscape to have rights? Why would anyone want to create such rights, and to what end? Is it a good idea, and does it come with risks? This book presents the logic behind giving nature rights and discusses the most important cases in which this has happened, ranging from constitutional rights of nature in Ecuador to rights for rivers in New Zealand, Colombia, and India. Mihnea Tanasescu offers clear answers to the thorny questions that the intrusion of nature into law is sure to raise.

Environmental Rights in Europe and Beyond

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150991109X
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Environmental Rights in Europe and Beyond by : Sanja Bogojevic

Download or read book Environmental Rights in Europe and Beyond written by Sanja Bogojevic and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of 'environmental rights' surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.

The Politics of Rights of Nature

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Author :
Publisher :
ISBN 13 : 9780262366601
Total Pages : pages
Book Rating : 4.3/5 (666 download)

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Book Synopsis The Politics of Rights of Nature by : Craig M. Kauffman

Download or read book The Politics of Rights of Nature written by Craig M. Kauffman and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "On the global development of legislation, treaty negotiations, constitutional measures, and litigation resulting in legal recognition of Rights of Nature (RoN), including the cultural and political influences that determined how these legal rights were framed, the method of adoption and, importantly, the evolution of RoN enforcement through judicial decisions and growing cultural familiarity with the new legal concept"--

The Right to a Healthy Environment in and Beyond the Anthropocene

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1035300427
Total Pages : 381 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis The Right to a Healthy Environment in and Beyond the Anthropocene by : Hendrik Schoukens

Download or read book The Right to a Healthy Environment in and Beyond the Anthropocene written by Hendrik Schoukens and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the UN General AssemblyÕs recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level.

The Law of the European Union and the European Communities

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Legal Rights for Rivers

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Author :
Publisher : Routledge
ISBN 13 : 0429889607
Total Pages : 202 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Legal Rights for Rivers by : Erin O'Donnell

Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2018-10-17 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.