WILD LAW INTERNATIONAL RESEARCH PROJECT

2009

Authors:Begonia Filgueira, Filiguera, Eric

Ltd: www.eric-group.co.ukIan Mason, Gaia Foundation:

www.gaiafoundation.org

What is Wild Law?

• Wild as in ‘from nature’• Based on Earth Jurisprudence• Redefines human / Earth

relationship• Who is my neighbour?

Aims of Project

• Distil Wild Law theories and develop indicators that could be used to understand, assess and draft wild laws

• Explore the extent to which Wild Law already exists.

• Assess the practicality of Earth jurisprudence

Indicators

• Earth Centred Governance• Mutually Enhancing Relations• Community Ecological Governance

Earth Centred Governance

• Respect the Earth for its own value not for what it can do for us

• Predominant rationale environmental protection

• Governance informed by laws of nature• Respect Earth rights

Earth Rights

• Right to be• Right to habitat• Right to fulfil its role in the Earth

community

Mutually Enhancing Relations

• Recognise interconnectedness and reciprocity

• Conflict resolution mechanisms and restorative justice

• Ensure flexibility to adapt to change

Community Ecological Governance

• Participation of all members of the Earth community

• Provision for public participation – access to justice, decision making,

• Respect for local lore, communities and local knowledge

What it isn’t!

• South African Constitution:• “Everyone has the right – (a) to an

environment that is not harmful to their health or well-being; and (b) to have an environment protected for the benefit of present and future generations through reasonable legislative and other measures …” (S.24 – Environment)

EU Mountain Farming Protocol 2006

• Preamble: “…by virtue of its wealth of natural resources, water resources, agricultural potential, historical and cultural heritage, value for quality of life and for economic and leisure activities and the transport routes crossing it, the Alpine region will continue to be of vital importance …”

Best examples:K M Chinnappa v Union of India

• Appellant required to o Cease mining operationso Fund site rehabilitation plano Pay compensation for benefit of national

parko Wind up and transfer infrastructure to

Forest Department

NZ National Parks Act 1980

• National parks to be protected for their “intrinsic worth”

• Integrates Treaty of Waitangi• Damage restorative• Public participation

CONCLUSIONS

• Different perspective of EJ• No really serious Wild Law anywhere• No real acknowledgement of rights or

intrinsic value of Nature• Some recognition of interdependency• Wildness arises from extreme situations

Further Thoughts

• Support call for Universal Declaration of Rights of Nature

• Support Nature’s Rights Act or constitutional rights for Nature

• Make right to protect the environment part of the right to life

• Use Wild Law principles of interpretation• Stop calling the Earth a resource• Consumer discrimination• Engage with Nature