The Rights of Nature and Legal Personhood in an Ocean Context

Abstract

This think-piece explores the growing movement and legal framework of rights of nature as it might be applied in marine areas beyond national jurisdiction (ABNJ). We first examine what rights of nature is, and how it has been applied in practice. We then take a step further to analyze how rights of nature, or ocean rights, may positively influence marine conservation in the context of ABNJ through three short case studies exploring (1) marine protected areas, (2) marine migratory species, and (3) deep-seabed mining. By highlighting the potential of such a framework to mitigate the risks to marine biodiversity in ABNJ, this think-piece paves the way for a global re-evaluation of how the ocean is governed, urging a shift towards more ecologically sustainable human activity.