Animal kingdoms: On habitat rights for wild animals

Abstract

The greatest threat faced by wild animals often comes from the destruction of their habitats by humans. Traditional environmental-conservation paradigms often fail to prevent this destruction. This paper claims that, where access to habitat is a necessary condition of their continued existence or wellbeing, wild animals have sufficiently strong interests in their habitat to generate rights to it. The paper argues that these rights should be instantiated in the form of collective usufructuary property rights, and, in cases of serious and systematic violation of these rights, wild animals gain a remedial right of secession for their habitat.