Environmental Personhood as a Tool to Protect Nature

Abstract

The escalating global ecological degradation underlines the continued importance of the need of effective nature protection. In recent years a new concept– “environmental personhood” was developed. The article analyses the concept and asks the question if it can help with the efficiency of protecting the nature. It is the attempt to transfer the essence of human rights to animals and ecosystem, so they will no longer be right’-less. This concept has some of its beginning in the idea of “common heritage of mankind”, which means that some places belong to the whole of humanity and that the resources of these places should be available to all. This article outlines the roots, the development and traces current trends in the legal personification of non-human persons. It asks legal-theoretical questions about the limits and possibilities of opening up the concept of legal personhood for non-human legal persons in order to protect the nature and discusses the possibility of creating new institutions that could protect it. The article also shows the importance of creating a new society sensitive to nature’s needs.