Environmental Rights around the World

This chapter reviews the reach of public trust principles across the globe and compares them to a competing model of environmental rights, the rights of nature movement. The former affirms public rights to the environment, while the latter confers rights on the environment itself. Both reflect dissatisfaction with the failure of existing laws to ensure environmental stewardship. The rise of such advocacy responds to the missing foundations for environmental law identified in the Introduction, including weak constitutional foundations in the United States. Exploration begins with a review of public trust principles around the world, followed by a whirlwind tour of global rights of nature initiatives. The rights of nature movement provides an unapologetically biocentric alternative to the inherent anthropocentrism of the public trust and more typical environmental laws, which also premise the value of natural resources on their human beneficiaries – yet they are evolving along similar legal pathways. The chapter concludes with comparative analysis of the two approaches, contrasting the underlying ethics that divide them while recognizing the practical characteristics that unite them.