Editors’ introduction

Suykens, Cathy; Gilissen, Herman Kasper; Rijswick, Marleen van

doi:10.1080/02508060.2019.1678265

Cited by 3 publications

(2 citation statements)

References 19 publications

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“…The difficulty in law and policy in Germany and the Netherlands is that they do not bring economy and nature in balance with each other but prefer the interests of nature to fit within economic purposes. Elsewhere in the world, granting legal rights or personhood to nature is seen as a step forward in warranting the interests of nature and instigating restoration measures (Boyd, 2017;Cano Pecharroman., 2018;Daly, 2012;Garmestani et al, 2019;O'Donnell & Talbot-Jones, 2018;Stone, 1972Stone, , 2010Suykens et al, 2019), but given the framework of legislation and management, this is not considered feasible for the Ems-Dollard (Gilissen et al, 2019;Van der Werf, 2019). Still, decision making on natural systems does require discussion of the underlying assumptions in nature restoration.…”

Section: The Weighing Of Interests In Law and Policymentioning

confidence: 99%

On dynamic naturalness, static regulation and human influence in the Ems-Dollard estuary

Werf

Gilissen

Kleinhans

et al. 2020

International Journal of Water Resources Development

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Many river systems in Europe have altered morphology and deteriorated ecosystems due to human interference. We demonstrate how conflicting interests of nature, society and economics in the Dutch-German Ems-Dollard system complicate achieving the nature restoration targeted by the EU Water Framework Directive. This article provides a multidisciplinary perspective on the natural characteristics of a water system and the practical implementation of regulation and policy in a transboundary setting. Important shortcomings of EU and national laws and directives are the static constraints for protection of demarcated habitats under EU directives, which do not do justice to natural hydro-morphodynamic processes.

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Section: The Weighing Of Interests In Law and Policymentioning

confidence: 99%

On dynamic naturalness, static regulation and human influence in the Ems-Dollard estuary

Werf

Gilissen

Kleinhans

et al. 2020

International Journal of Water Resources Development

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“…Recently, legal rights have been transferred to rivers in New Zealand, Colombia and India (under appeal), albeit in different ways and for different reasons, such as the importance of the river as a cultural heritage or the protection of water resources (Suykens, Gilissen, & Van Rijswick, 2018). Transferring rights to the river involves considering a number of different issues, e.g., who should act as a custodian, how the river's rights will be balanced with other societal interests such as the 'right to water' , what will be the consequences for transboundary rivers and what might be the effects of the transfer on the ecological requirements for a healthy river.…”

Section: Introductionmentioning

confidence: 99%

Towards more effective water quality governance

Wuijts¹

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Next to the more technical challenges related to the preservation of freshwater resources, the realisation of objectives strongly depends on the societal context as well. Normative views by different authorities, citizens, NGOs and private actors set the stage for water quality ambitions and the instruments and means to achieve them. However, its * Will merge into the Environment and Planning Act by 2022 (planning under discussion), integrating 26 sectoral acts and aiming to improve balanced decision-making at a local level.

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Rights, Not «To» but «Of» the Nature: Legal Deal with Meal

Ustahaliloğlu

2023

Lex Russica

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The dilemma that human-beings are in is that; while they are aware that the sustainment of their own living fully depends on the sustainment of the natural-beings’ living, on the one hand, they also want to use (usus), exploit (fructus), and even abuse (abusus) them, on the other. This dilemma has emerged after the viewing of the natural-beings as «resources» has proved that they are not endless by causing the extinction of many of them. It is an undeniable fact that natural-beings are the only sources for the sustainability of all beings’ life. However; this, by no means, means that they can be used, exploited, and abused as one wishes. For, there is a miraculous circulation in nature that can be summarized as the «butterfly effect»: The planet we live on is like a closed circuit; that is, no being vanishes but just rots, dissolves and transforms into another being. Let’s take a look at the water: it drops from a cloud onto the earth in its pure form; it forms the rivers, lakes, seas, and oceans; it is absorbed by the soil; after being absorbed from there by a plant, via the roots thereof, it is mixed up with other chemicals therein and been stored thereby in the form of a fruit appetizing for animals and humanbeings; it turns into the blood after being digested in these beings’ bodies; it travels through the veins within their bodies; it returns back to the nature through the excretion and sweating processes or their burial upon the death of these beings; from where it evaporates to form another cloud. Let’s take a look at the oxygen: it exists in, in addition to the air, all the places mentioned above wherein exists the water, of which it is a component, together with a pair of hydrogens — which is such a miraculous composition: a couple of flammable gas together with a burner gas, instead of creating a fire, creates a fire-extinguisher liquid-; it flies all around along with other gases; as a result of being inhaled by animal and human-beings at all-times and by plants only at night-times, it couples with another oxygen and one carbon and turns into a carbon-dioxide; returns back to its original form as a result of the photosynthesis process of plants during daytime.Therefore; the soil formed by minerals and organic materials, the Sun, the air, and the water, all together make the living of plants, animals, and human-beings possible. Plants make it possible for almost all animals and humanbeings to live, and animals make it possible for most human-beings and some plants to live. These two naturalliving-beings, besides water, should be consumed as the only source of food for the continuation of human life. The exact same particles in these beings, just in the same way they have been doing so since the beginning of time, do also compose the bodies of human-beings that consume them by eating and drinking; and they will again transform back to their original states in order to form a new corpse that will host a new soul after the death of these human-beings too.The natural-beings that we now see in their form of the meal are only unvanishable in their particle form as clearly seen in the extinct-natural-living-beings’ case of both plants and animals. This reality brings us to the conclusion that; we must protect them, i.e., stop destroying them, at least for our own sake. The mostly used legal tool for this protection is a punishment-based method, in which the foreseen actions are prohibited as a rule by the legislator, and those who violate them are punished with the penalties prescribed by the courts. Two of the most important shortcomings of this method are to impose sanctions on unforeseen acts and to ensure that the foreseen sanctions serve to compensate the damaged natural-beings. There is an alternative method, that is in use in a few countries, fulfilling the above-mentioned shortcomings: attributing legal personality to natural-beings. According to this; first, an action may be brought for compensation for damage to a natural-being, whether foreseen by the legislator or not; secondly, the court considers the actual damage done to the naturalbeing instead of a predetermined fixed amount as in the case of a fine; thirdly, the compensation determined by the court serves to compensate the damages of the natural-being. Such a change of perspective towards them would make a huge difference in simplifying and effectuating their protection method.In this paper, we will examine a new legal personality status, which we define as «legal deal with the meal» by analogy with «social contract», under the name of «natural personality», which will enable natural-beings to have their own rights.

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Editors’ introduction

Cited by 3 publications

References 19 publications

On dynamic naturalness, static regulation and human influence in the Ems-Dollard estuary

On dynamic naturalness, static regulation and human influence in the Ems-Dollard estuary

Towards more effective water quality governance

Rights, Not «To» but «Of» the Nature: Legal Deal with Meal

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