Giada Giacomini (University of Hull – School of Law) & Francesca Ceresa Gastaldo (University of Genoa) have posted Critical Approaches to Rights of Nature on SSRN. Here is the abstract:
The Rights of Nature (RoN) framework is often presented as a transformative legal paradigm that addresses the ecological crisis by recognizing natural entities as legal subjects. However, this dominant narrative tends to oversimplify and universalize RoN, overlooking its diverse interpretations and applications. This article critically examines the theoretical and practical dimensions of RoN, questioning its assumed Indigenous roots, eco-centric nature, and decolonial potential. Through a comparative analysis of global legal experiences and a discussion of ecocentric versus non-centred approaches, the paper offers a more nuanced reading of RoN-one that integrates Indigenous perspectives without reducing them to mere rhetorical justifications. Finally, it explores alternative frameworks based on ecological responsibility, duty of care, and the possibility of non-use, proposing a critical pathway toward a more equitable and pluralistic approach to ecological governance.