Rights of Nature in Europe: the Mar Menor and the Future of Ecocentric Environmental Protection

Abstract

This article examines the concept of Rights of Nature (RoN) and its potential application within the European Union (EU) water law framework, using the Mar Menor lagoon in Spain as a case study. The Mar Menor, the first natural entity in Europe to be granted legal personhood, exemplifies how RoN can be applied in practice to address severe ecological degradation. The article analyses the expected effectiveness of Spain’s Law 19/2022, which confers legal rights to the Mar Menor, highlighting the legal, ethical, and environmental implications of this rights-based approach. By analysing local-level implementation, the article also considers the possibility of integrating RoN more broadly into the EU’s water law framework, examining the notions of RoN already present within the Water Framework Directive. While RoN holds promise for enhancing environmental protection on a local scale in the EU, its success depends on the robustness of legal frameworks and active civil society involvement. The article concludes by discussing the logic and feasibility of adopting RoN more broadly within EU environmental law, advocating for a gradual shift towards more ecocentric legislation to safeguard natural ecosystems.