Viva Vilacabamba! The first successful case protecting the rights of Nature in Ecuador - By Cormac Cullinan

Cormac Cullinan comments:

"This judgment shows the practical value of recognising the rights of Nature.  Most environmental law cases that come before our courts are decided on the basis of whether or not the person undertaking the environmentally harmful activity had validly obtain the necessary permit (to damage the environment) and was in compliance with it.  The rights of Nature approach allows courts and tribunals to avoid having to decide crucial matters on the basis of procedural trivia and to get to the heart of the matter - namely whether or not the person harming Nature can justify that harm on the basis that is is necessary and reasonable in the circumstances to protect human rights .  This means that the rights of humans have to be balanced against the rights of rivers, mountains, forest and animals to exist and fulfil their natural ecological function.  Consequently interfering with the flow of a river in a way that causes harm merely to widen a road is not justifiable, but it might be to protect human life."

Cormac Cullinan is the author ofWild Law, which has just been published in its second edition, and which is at the root of the global 21st century movement towards recognition of the Rights of Nature, giving Nature the same standing in the world's courts that is enjoyed by other non-human entities such as corporations.  Wild Law can be bought online on the Siber Ink website, as an ebook from Little White Bakkie, or from your local bookseller.

An account of the recent Wild Law launch can be read here.

The full statement on the Ecuadorian judgment can be downloaded here.