The Rights of Nature as a Bridge between Land-Ownership Regimes: The Potential of Institutionalized Interplay in Post-Colonial Societies

Abstract

Despite the growing prominence and use of Rights of Nature (RoN), doubts remain as to their tangible effect on environmental protection efforts. By analyzing two initiatives in post-colonial societies, we argue that they do influence the creation of institutionalized bridges between differing land-ownership regimes. Applying the methodology of inter-legality, we examine the Ecuadorian Constitution of 2008 and the Ugandan National Environment Act 2019. We identify five normative spheres that influence land-ownership regimes. We find that the established Ecuadorian RoN have an institutionalized effect on the nation's legal system. Their more recently established Ugandan counterpart shows potential to develop in the same direction.

Private Rights of Nature

“…The second approach represents the other side of this coin: instead of exploring the implications of private law for the Rights of Nature, it investigates what impact the introduction of rights of nature has on private law. In their article 'The Rights of Nature as a Bridge between Land-Ownership Regimes: The Potential of Institutionalized Interplay in Post-Colonial Societies', 50 Alex Putzer, Tineke Lambooy, Ignace Breemer and Aafje Rietveld explore how Rights of Nature affect land-ownership regimes in Ecuador and Uganda, respectively, using 'inter-legality' as their theoretical framework. Their article is key in substantiating the potential of the Rights of Nature to protect the environment against even private property rights of human landowners, and thus in defending Rights of Nature against all too critical voices.…”