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Archive for Wild Law

Tribunal Offers Earth-Driven, Not Market-Driven, Solutions to Climate Change

PRESS RELEASE 
Global Alliance for the Rights of Nature
Contact: Nature@theRightsofNature.org
Click for printable Paris Tribunal Press Release

International Rights of Nature Tribunal
Hears Cases for Mother Earth in Paris

Tribunal Offers Earth-Driven, Not Market-Driven, Solutions to Climate Change

Rights of Nature Tribunal photo by: Ken Wentworth for Greening Edenphoto by: Ken Wentworth for Greening Eden

“As we heard this morning, we will not bargain for the destruction of Mother Earth. We must insist on laws that recognize the inherent rights of nature. Any laws or conventions that aim for less must be rejected.” Linda Sheehan

Introduction

In an extraordinary display of global solidarity, vision and determination, communities and organizations from all over the world took the initiative this past weekend to formally establish the Third International Tribunal for the Rights of Nature. People flocked to the Maison des Métallos in Paris to listen to more than 65 people from 32 nationalities[1] speaking in 7 languages[2] who participated as judges, Earth Defenders, or witnesses during the two days of Tribunal hearings. More than 600 people attended the hearings on each of the two days and hundreds more had to be turned away due to lack of space.

International Rights of Nature Convening CeremonyIndigenous peoples from around the world played a leading role throughout the Tribunal as judges, experts and witnesses. One of the highlights was the signing by the legendary Chief Raoni of the Kayapo people of the Brazilian Amazon of the People’s Convention that formally established the Tribunal. The judges of the Tribunal were honored to reciprocate by signing documents confirming their support for the Alliance of Earth’s Guardians established by Chief Raoni and his delegation.

The participants of the Tribunal showed the strong, united leadership so lacking at COP 21 by signing the People’s Convention that formally established the Tribunal which opened the way to the creation of Regional Tribunals throughout the world. The Tribunal bases its judgements primarily on the Universal Declaration for the Rights of Mother Earth and international human rights law, but also recognized ecocide as a crime. The judgements provide clear direction in each case on who is accountable and on what must be done to repair the harm and restore Earth (and communities) to health and well-being. While governments participating in the COP 21 are locked in tortuous negotiations over the wording of an agreement that will worsen the destruction of Mother Earth, the people of the world in this way demonstrated what genuine global collaboration and solidarity can achieve.

The panel of Judges

The following distinguished judges constituted the International Rights of Nature Tribunal in Paris: President – Cormac Cullinan (Global Alliance for the Rights of Nature, and author of Wild Law- South Africa); Tom BK Goldtooth (Indigenous Environmental Network, Turtle Island – USA);
 Alberto Acosta (Economist and former president of the Constitutional Assembly – Ecuador); Osprey Orielle Lake (Women’s Earth and Climate Action Network – USA); Terisa Turner (International Oil Working Group, Friends of the Earth – Canada, professor – Canada and USA); Felicio Pontes (Federal Prosecutor – Brazil)
; Damien Short (Director Human Rights Consortium, University of London – UK); Atossa Soltani (Amazon Watch founder – USA);
 Nnimmo Bassey (Health of Mother Earth Foundation / Oilwatch – Nigeria);
 Ruth Nyambura (African Ecofeminists Collective – Kenya);
 Christophe Bonneuil (Historian of Sciences, CNRS, Attac – France);
 Philippe Desbrosses (Doctor in Environmental Sciences, Farmer, Intelligence Verte – France); – Honorary Judge on December 4th Dominique Bourg (philosopher and author, University of Lausanne, Switzerland).

Co-Prosecutors Linda Sheehan, Earth Law Center, USA and Ramiro Avila, Universidad Andina Simón Bolivar, (Ecuador) represented Mother Earth. Natalia Greene, Global Alliance for the Rights of Nature (Ecuador) served as Secretariat.

Listening to Nature

The proposed solutions to climate change being presented at COP 21 are abstract, theoretical, market-driven, not Earth-driven, and motivated by self-interest. The approach at the hearings of the Tribunal couldn’t have been more different. Its findings were based scientific and other expert testimony, from the first-hand experiences of witnesses.  Decisions drew on scientific knowledge and the cosmovision, worldview and wisdom of indigenous peoples and local communities. The focus was on listening to Nature and was based on the recognition that Nature’s laws cannot be broken – an understanding that appears to be absent from COP 21.

The Tribunal opened and closed with deeply moving evocations of Mother Earth by indigenous peoples. They also presented testimonies that drew the Tribunal’s attention to dimensions ignored in the COP 21 negotiations, including the denial of the sacredness of the Earth, which must be considered along with its physical properties. Central to these dimensions was how patriarchal, dominating mind-sets and world views deny the sacred, and as a consequence, cause the creative feminine principle of Mother Earth to be attacked, resulting in the disruption of vital balances.

Nature is alive, she has the right to exist, to maintain natural cycles, to flourish and to constantly regenerate life. However most legal, economic and political systems treat Nature as an object which cannot have rights – as a slave to be used and exploited. Reverence for Nature is replaced with utilitarian and perverse views of Nature that seek to commodify and commercialize vital natural processes. This results in the climate crisis we and the Earth face today.

Findings of the Tribunal

The Tribunal’s findings are clear and strong – specific in who must be held accountable and why, and in the practical measures that need to be taken to solve the challenges faced by humanity. The Tribunal recognized that solutions do exist – communities and indigenous peoples have been applying these solutions and have been putting their bodies on the line to protect Earth for hundreds of years. We are living in an unequal world and the solutions need to be equitable.

“So the first point is inescapable.  This is a systemic issue and the responses must be systemic.

Secondly, if anyone came here with any doubts about whether or not human rights and the rights of nature are compatible, I think that they must have been dispelled. Everybody has demonstrated that they are inseparable. As Chief Seattle is reported to have said so long ago: ‘What befalls the Earth, befalls the children of the Earth.’”

Secondly, if anyone came here with any doubts about whether or not human rights and the rights of nature are compatible, I think that they must have been dispelled.  Everybody has demonstrated that they are inseparable.  As Chief Seattle is reported to have said so long ago: ‘What befalls the Earth, befalls the children of the Earth.’” Cormac Cullinan

The evidence presented at the Tribunal established beyond any doubt that human rights and the rights of Nature are inseparable, and that both are being systematically violated by systems based on arrogant delusions arising from the misconception that humans have the right and ability to dominate and exploit Earth. Evidence presented at the Tribunal also showed how indigenous understandings and knowledge complement scientific knowledge. It also demonstrated the extraordinary creative energies that are released when diverse peoples unite, inspired by a shared love of Earth, to find the solutions that humanity so desperately needs, especially at this moment in time.

Cases the Tribunal heard in Paris

Climate change

Former Bolivian ambassador to the United Nations, Pablo Solón led the presentation of the Climate Change case. The evidence showed why geo-engineering, nuclear energy, industrial and “climate smart” agriculture, biofuels, and the accelerated exploitation of fossil fuels are false solutions devised for corporate profit that will increase the damage to Earth. The Tribunal found that the rights of Nature are being systemically violated by climate change, mainly as a consequence of the acts and inaction of governments and international organizations (including the United Nations), the legal, economic and political systems that they have established, and the activities of a relatively few companies. The Tribunal closed the case and a written judgement will follow.

Commercialization of Nature

The case of financialization of Nature, presented by Ivonne Yanez was expanded from the previous Tribunals that before dealt only with REDD+ (Reducing Emissions from Deforestation and Forest Degradation). The Tribunal took note of the evidence that many more instances of the commodification and commercialization of Nature are emerging. These include biodiversity offsets, carbon offsets, (so-called) clean development mechanisms, and (so-called) smart agriculture. The Tribunal decided to keep the case open so that more evidence can be collected and presented – particularly with regard to the identity of the perpetrators.

Genetically modified organisms

Dr. Vandana Shiva led the presentation of this case which deals with genetically modified organisms (GMOs) and the agro-food industry. The Tribunal heard expert evidence from Ronnie Cummins, Marie Monique Robin, Andre Leu and José Bové; all of whom exposed the damage that GMOs and associated pesticides are doing to consumers, to animals and to soil. The Tribunal decided to keep the case open to hear additional evidence especially through regional Tribunals including in Asia.

Defenders of Mother Earth

Two cases of Defenders of Mother Earth were heard in the Tribunal: (1) the criminalization of Defenders in Ecuador and (2) the persecution of Defenders who protest against the pollution in Houston, Texas arising from fossil fuels and chemical contamination. The judges ratified the principle that the Tribunal would defend the Defenders of Mother Earth and hear further cases where necessary. It condemned the Government of Ecuador’s criminalization of Defenders of Mother Earth in that country, and demanded the restitution of human rights, liberty and the re-opening of closed institutions in Ecuador. The Tribunal closed the Ecuador case but kept the Texas case open in order to gather new evidence.

Fracking

The Tribunal had already conducted hearings about global fracking at its previous sessions in Quito and Lima. The Tribunal heard evidence from witnesses about the damage that fracking is causing in Argentina. Witnesses testified about how in the USA fracking is “breaking the bones of Mother Earth”, causing earthquakes and widespread suffering of the people who inhabit lands that are being sacrificed to “unconventional oil extraction”. The Tribunal confirmed that fracking results in a range of serious violations of the rights of Nature. After hearing the new evidence presented in Paris, the judges decide to close this case but recognized this is an ongoing threat that should continue to be examined by regional tribunals.

Mega dams in Brazil

Gert Peter Bruch and Christian Poirier presented the case of mega dams in Brazil, with the powerful testimonies of Antonia Melo, María Lucia Munduruku and Chief Raoni. The Tribunal condemned the building of Belo Monte and Tapajos mega dams and the planned construction of many more, which will cause horrific destruction of the Amazon and its inhabitants. It decided to leave the case open to hear additional evidence in a regional Tribunal in Brazil.

New cases accepted for hearing at subsequent sittings of the Tribunal

A number of new cases were presented to the Tribunal as probable violations of the Rights of Nature which justified being heard by the Tribunal in the future. The Tribunal accepted them all for further consideration and gave directions about how the cases should be developed.

The Corralejas case concerns the cruel killing of bulls in Colombia. The Tribunal found that there was clear evidence of torture and cruelty to animals in violation of the Declaration of the Rights of Mother Earth and asked that the case be widened to include other violation of animal rights for initial consideration by a regional Tribunal. The case of the community of Rosia Montana in Romania which has been threatened by proposed gold mining was accepted with the direction that it be widened to consider other examples of destructive mining practices. The depletion of marine life was accepted with the request that more specific information be presented about the identity of the main perpetrators. The Shell case in Nigeria was accepted and the violence in the area was condemned with the recommendation that consideration be giving to establishing a regional tribunal to conduct hearings. Finally, the case on the oil sands in Canada was accepted and the Tribunal observed that there was evidence that this may be one of the most dangerous instances of ecocide on the planet.

Ecocide cases

The Tribunal also re-considered two cases that it had previously heard. The objective of the reconsideration was to determine whether in addition to being violations of the Declaration, there was also evidence that the two cases were examples of the international crime of ecocide. (Severe violations of the Rights of Nature may also qualify as ecocides, because they constitute crimes against humans and the planet.)

The Tribunal re-examined the Yasuní case (which involves proposed oil exploitation in a national park in the Ecuadorian Amazon) and Chevron case (which involves responsibility for rectifying huge damage to the Amazon caused by Texaco/ Chevron) from the perspective of ecocide. The Tribunal found that the Chevron case was one of the worst instances of ecocide perpetrated on the Amazon and that restorative justice should be applied. In preparing the written judgment, consideration would be given to whether or not Chevron itself should be liquidated and its assets used to restore the damage. It noted that individuals, such as the directors of Chevron and corrupt government officials, could also be criminally liable in their personal capacity for ecocides.

Regarding Yasuní, the Tribunal decided that it would be appropriate to issue a directive prohibiting future exploitation of the Yasuni oil as a measure to prevent ecocide.

General findings and comments

The International Rights of Nature Tribunal recommends that the Rome Statute be amended to enable perpetrators of the crime of ecocide to be prosecuted before the International Criminal Court (ICC),

The Tribunal strongly supported keeping fossil fuels in the ground (keep the oil in the soil, the coal in the hole, the gas under the grass and the tar sands in the land) as an essential approach to prevent further harm to Nature.

In regards to Ecuadorian President Correa’s call for the establishment of an Environmental Justice Tribunal, this Tribunal made the point that the people of the world had already done so by establishing the existing International Tribunal on the Rights of Nature. It called on governments to provide support for Peoples’ Tribunals. It called on President Correa to publicly support and help implement the judgements of the Tribunal concerning cases in Ecuador (Yasuni, Chevron and the criminalization of Defenders of Mother Earth).

The Tribunal commended the pursuit of the Rights of Nature cases that have been won in Ecuador and the use of local ordinances and other documents that recognize the rights of Nature in the USA, as effective means of stopping destruction such as fracking, and recommended that these approaches be considered elsewhere in the world.

The Tribunal noted that the only mention in the official COP21 texts of the integrity of ecosystems, Mother Earth and indigenous peoples (paragraph 10) was in danger of being eliminated. The Tribunal strongly condemned this shocking failure to address the real drivers of climate change. It highlighted the fact that the magnificent testimonies presented to the Tribunal proved beyond doubt that the rights of Mother Earth are being systematically violated.

The Tribunal condemned the violence, produced by terrorism and exacerbated by climate change. We need to make peace with Mother Earth to achieve peace among peoples.

Next steps

Judgments will be written and published for all closed cases, as was done and presented in Paris for the Great Barrier Reef and the Yasuní Case. The Global Alliance for the Rights of Nature will be a hub for accepting the submission of new cases and for providing guidelines, documents, assistance and intellectual support and training to expand the initiative to recognize the Rights of Nature worldwide.

The Tribunal calls on all communities and organizations that share its vision:

  • to become parties to the Peoples’ Convention on establishing the International Rights of Nature Tribunal;
  • to establish more regional tribunals under the umbrella of the International Tribunal; and
  • to take creative action to support the implementation of its judgements.

The Paris Tribunal was hosted by the Global Alliance of the Rights of Nature in partnership with End Ecocide on Earth, NatureRights & Attac France.

[1] Algeria, Argentina, Australia, Austria, Bangladesh, Belorussia, Bolivia, Brazil, Canada, Colombia, Costa Rica, Ecuador, France Germany, Guatemala, India, Kenya, Mexico, Nigeria, Paraguay, Philippines, Romania, Slovakia South Africa, Spain, Switzerland, Tunisia, Uganda, United Kingdom, USA, Venezuela.

[2] French, Spanish, English, Portuguese, Kichwa, Sapara, Rikbakstsá,

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Giving Mother Earth a Voice in Paris

NEWS RELEASE  November 27, 2015     Click for Press Release PDF
CONTACT: Natalia Greene, Secretariat  nati.greene@gmail.com

Giving Mother Earth a Voice in Paris

International Tribunal on Rights of Nature
Convenes during COP21
December 4-5, 2015 – Maison des Métallos

Paris, France – Key environmental justice issues from around the world will have their day in court when the International Tribunal on the Rights of Nature convenes in Paris on December 4-5, 2015, against the backdrop of UNFCCC talks that must move beyond past failures and false solutions to avert global catastrophe.

The high profile international “Peoples Tribunal” – convened by leaders in Earth law and planetary justice from around the world – posits a new legal framework, drawing on the wisdom and cosmovision of indigenous people, aimed at achieving true systems change by recognizing the rights of ecosystems “to exist, persist, and regenerate their vital natural cycles.”

Under current law, nature is treated as private property to be destroyed for profit. It is a legal framework that is proving deadly to people and planet, requiring a transformation of our international and domestic legal systems toward a jurisprudence that recognizes rights of nature. The shift to this new legal framework is underway – Ecuador and Bolivia recognize rights of nature in their constitutions and more than two dozen municipalities in the United States have adopted rights of nature ordinances, including the city of Pittsburgh, Pennsylvania (pop. 305,000).

A 13-member panel of judges will preside over the two-day Tribunal, hearing seven cases:

CLIMATE CRIMES AGAINST NATURE (December 4 at 9:40)

Former UN Bolivian Ambassador Pablo Solón, Maude Barlow, Council of Canadians, and Maxime Combes of Attac France, will highlight false climate solutions that fail to address root problems – such as water privatization, “climate-smart agriculture,” REDD+, and other schemes – introducing expert witnesses and victims of climate crimes from Belarus, Canada, Ecuador, France, Mexico, Slovakia, and the Philippines.

FINANCIALIZATION OF NATURE (December 4 at 13:45)

Ivonne Yanez of Acción Ecológica will present three cases highlighting the crime of treating nature as a commodity, introducing expert witnesses from Brazil, Ecuador, and Kenya.

AGRO-FOOD INDUSTRY AND GMOS (December 4 at 15:00)

Indian ecologist and physicist Vandana Shiva of Navdanya and Ronnie Cummins of Organic Consumers will present the case against the global proliferation of GMOs and forms of industrial agriculture that destroy the soil, increase greenhouse gas emissions, pollute water, and reduce biodiversity, calling on expert witnesses from France, Mexico, and the United States.

DEFENDERS OF MOTHER EARTH (December 4 at 16:30)

Indigenous leaders, mining victims, and others who defend nature present the case of the growing risk of violence, including murder, faced by defenders of Mother Earth in South America but also in Europe and other parts of the world. A tragic example: Only days prior to testifying before the 2014 Tribunal in Lima, Peru, on Ecuador’s Mirador mine, José Isidro Tendetza Antun was killed.

FRACKING (December 5 at 9:15)

Shannon Biggs of Movement Rights, USA, and Geert De Cock of Food & Water Watch, Belgium, will present the case against hydraulic fracking, an extreme and devastating form of energy production, drawing on expert witnesses from France and the United States showing how communities have been effective in using rights of nature laws to ban fracking.

MEGA DAMS IN AMAZON (December 5 at 10:30)

Gert-Peter Bruch of Planete Amazone presents the case against building mega dams in the Amazon, with indigenous leaders as expert witnesses testifying to the displacement of tens of thousands and the destruction of the Amazon threatened by the proposed massive diversion of rivers.

CHEVRON AND YASUNÍ (December 5 at 14:15)

Carlos Larrea and Pablo Fajardo, Ecuadorean lawyers who litigated the case in Ecuador against Chevron, argue against the proposed oil exploitation of the Amazon’s pristine Yasuní National Park. Calling on the testimony of indigenous leaders, they also demonstrate the impact of decades of pollution from oil drilling by Chevron and argue for addressing such harms as ecocide under the terms Valérie Cabanes of End Ecocide on Earth explains just prior to their presentation, making the case for recognizing ecocide under international criminal law.

The Earth Defenders prosecuting the cases at the Tribunal are Ramiro Ávila, law professor, Universidad Andina Simón Bolívar (Ecuador), and Linda Sheehan, Director, Earth Law Center (US).

The distinguished panel of Tribunal judges, headed by South African attorney Cormac Cullinan, author of WildLaw: A Manifesto for Earth Justice, includes: Alberto Acosta, former President of the Constitutional Assembly (Ecuador); Nnimmo Bassey, Health of Mother Earth Foundation (Nigeria); Christophe Bonneuil, science historian (France); Dominique Bourg, professor of geosciences (Switzerland); Philippe Desbrosses, author, environmental sciences expert, organic farmer (France); Tom Goldtooth, Executive Director, Indigenous Environmental Network (US, Dine’ and Dakota); Osprey Orielle Lake, Executive Director, Women’s Earth and Climate Action Network (US); Ruth Nyambura, African Biodiversity Network (Kenya); Felício Pontes, Federal Prosecutor (Brazil); Damien Short, Director of the Human Rights Consortium (UK); Atossa Soltani, Amazon Watch founder (US); and Terisa Turner, professor of anthropology, former UN Energy Specialist (Canada).

The judges will render decisions calling for reparation, mitigation, restoration, and prevention of further damages and harm. Although its decisions do not presently carry the force of law, the Tribunal provides the world with a model for adjudicating cases under a legal framework that recognizes the rights of nature, offering a real and present solution to the root problem behind climate change and other human-induced ecological disasters.

The Paris Tribunal marks the third time the International Tribunal for Rights of Nature has convened. Sponsored by the Global Alliance for Rights of Nature, the inaugural Tribunal was held in Quito, Ecuador, in January 2013, followed by a session in Lima, Peru, in December 2014. Natalia Greene (Ecuador), Tribunal Secretariat, Cormac Cullinan (South Africa), Tribunal President, and Samanta Novella (France) of NatureRights, will introduce the proceedings.

The Tribunal will convene from 9:00 – 13:00 and 14:00 – 18:00 on Friday and Saturday, December 4 and 5, at the Maison des Métallos in the 11th arrondissement at 94, Rue Jean-Pierre Timbaud. Registration required: https://therightsofnature.org/rights-of-nature-tribunal-paris/.

Paris Tribunal Registration Now Open

The International Rights of Nature Tribunal will meet at Maison des Métallos in Paris on 4th and 5th of December, in conjunction with UN Framework Convention on Climate Change UNFCCC COP21. The Tribunal is a unique, citizen-created initiative.Logo-RoNtribunal-fr It gives people from all around the world the opportunity to testify publicly as to the destruction of the Earth — destruction that governments and corporations not only allow, but in some cases encourage.

Space is limited. If you are planning to attend the third International Rights of Nature Tribunal register now for the segments you will attend.

Register for International Rights of Nature TribunalFor more details visit Paris Tribunal …

Date and Time

  • Friday 4 – Saturday 5 December 2015
  • 9:00am – 6:30pm each day (including an intermission)

Tribunal Venue in Paris

MaisondesMetallos-logo

la maison des métallosMaison des Métallos
94 Rue Jean-Pierre Timbaud, 75011 Paris, France

Esteemed Judges:

  • Cormac Cullinan, President; Author WildLaw: A Manifesto for Earth Justice (South Africa)
  • Tom Goldtooth, Indigenous Environmental Network (Turtle Island, USA)
  • Alberto Acosta, former President Ecuador Constitutional Assembly
  • Osprey Orielle Lake, Women’s Earth and Climate Action Network (USA)
  • Nnimmo Bassey, Health of Mother Earth Foundation (Nigeria)
  • Ruth Nyambura, African Biodiversity Network (Kenya)
  • Damien Short, University of London (United Kingdom)
  • Felício Pontes, Federal Prosecutor (Brazil)
  • Terisa Turner, professor Sociology and Anthropology, former UN Energy Specialist (Canada)
  • Atossa Soltani, Amazon Watch (USA)
  • Philippe Desbroses, Honarary, farmer, scientist, writer (France)
  • Dominique Bourg, Professor Geosciences, University of Lausanne (Switzerland)

Among the Expert Witnesses and Case Presenters :

  • Pablo Solon, Fundacion Solon
  • Geneviève Azam, Attac France
  • Vandana Shiva, Navdanya
  • Maude Barlow, Council of Canadians
  • Shannon Biggs, Movement Rights
  • Casey Camp Horinek, Indigenous Environmental Network
  • Esperanza Martinez, Acción Ecologica
  • Patricia Gualinga, Kichwa of Sarayaku, Ecuador
  • Carlos Lareas, Universidad Andina Simón Bolivar
  • Kandi Mossett, Indigenous Environmental Network
  • Tantoo Cardinal, Actress, Activist, Tar Sands, Canada
  • Valerie Cabanes, End Ecocide on Earth

Prosecutors for the Earth:

  • Ramiro Avila, Universidad Andina Simón Bolivar
  • Linda Sheehan, Earth Law Center

International Rights of Nature Tribunal Paris Secretariat:

  • Natalia Greene, Global Alliance for the Rights of Nature
  • Grant Wilson, Earth Law Center

Finally Being Heard: The Great Barrier Reef and the International Rights of Nature Tribunal

By Michelle Maloney, PhD, Australian Earth Laws Alliance

In January 2014, the newly created International Tribunal for the Rights of Nature and Mother Earth (‘the Tribunal’) sat for the first time in Quito, Ecuador. The Tribunal, created by international civil society network ‘The Global Alliance for the Rights of Nature’, admitted nine cases, including a claim on behalf of the Great Barrier Reef. Given the Tribunal has emerged from civil society rather than state-centred international law and given Australia’s legal system does not recognise the intrinsic rights of plants, animals, or ecosystems to exist, what possible benefit does this Tribunal offer the Great Barrier Reef? In this paper, I outline the creation and ongoing hearings of the International Tribunal and suggest that like many “people’s tribunals” before it, the Rights of Nature Tribunal offers a powerful alternative narrative to that offered by western legal systems regarding environmental destruction. It is also has the potential to play a role in transforming existing law and offers a welcome, cathartic contribution to the burgeoning field of Earth jurisprudence.

Great Barrier Reef Australian turtle

Click for more information

Finally Being Heard: The Great Barrier Reef and the International Rights of Nature Tribunal is published in the Griffith Journal of Law & Human Dignity Vol 3 (1) 2015, Griffth University, Queensland, Australia.  In the article, Michelle Maloney defines Earth jurisprudence and the Rights of Nature and situates the International Rights of Nature Tribunal within the work of the Global Alliance for the Rights of Nature and the broader context of the ecological crisis. She outlines the Great Barrier Reef case, which the Australian Earth Laws Alliance (‘AELA’) took to the International Tribunal in Quito and progressed in October 2014, by convening a Regional Chamber of the International Tribunal in Australia.

She argues that like many “people’s tribunals” before it, the Rights of Nature Tribunal offers a powerful alternative narrative to that currently offered by the mainstream legal system regarding environmental destruction. It is also pregnant with the promise of transforming existing law and offers a welcome, cathartic contribution to the burgeoning field of Earth jurisprudence.

Read the full article at Finally Being Heard: The Great Barrier Reef and the International Rights of Nature Tribunal.

*Michelle Maloney is the National Convenor of the Australian Earth Laws Alliance and is also currently working at the Center for Earth Jurisprudence, Barry University Law School, Florida USA. She can be contacted on convenor@earthlaws.org.au.

WildLaw Published in Turkish

by Cormac Cullinan

Wild Law in Turkish“The legal, political and economic systems of contemporary industrialized societies are not only failing to prevent the destruction and degradation of Nature, and with it the well-being of future generations, they encourage and legitimize that destruction.

Cullinan argues that the survival of life on Earth—including humans—requires us to fundamentally alter our understanding of the purpose of law and governance, rather than merely changing laws.”

“Tiny but politically mighty”  — Sara Nelson, Publisher’s Weekly

Since its first publication in 2002, Wild Law has informed and inspired the global movement to recognize rights for Nature—a movement destined to shape the twenty-first century as significantly as the human rights movements shaped the twentieth. This revised edition includes a new preface, postscript and the Universal Declaration of the Rights of Mother Earth proclaimed on April 22, 2010.

Wild Law is now available in Turkish. Click to order.

 

Australian Earth Laws Alliance Updates

Australian Wild Law Alliance (AWLA) announces that as of 22nd July they have changed to the Australian Earth Laws Alliance (AELA)Australian Earth Laws AllianceAELA’s new logo was created by designer Skeet Booth.  The human fingerprint embedded in the leaf is a lovely symbol of our interconnectedness with the non-human world.

AELA’s new website and contact details
  1. AELA’s website has been updated, including a smooth transition to their new domain name: http://www.earthlaws.org.au
  2. All of email addresses have been updated – you’ll see the Convenor address has been changed to convenor@earthlaws.org.au
  3. Their facebook page has also been updated, but the link details remain the same – https://www.facebook.com/pages/Australian-Earth-Laws-Alliance/250157398335531

To learn more about why the name change visit AELA’s facebook event page: https://www.facebook.com/events/174249409411306/

Wild Law 2013 Conference: Call for Papers closes this Wednesday, 31 July

If you’d like give a presentation or host a discussion group at this year’s Wild Law Conference, please send us your abstract by 5pm this Wednesday, 31 July. Details about submitting an abstract can be found here: http://www.earthlaws.org.au/wildlaw-conference-2013-brisbane/call-for-papers/

New workshop series – “Exploring Community and Nature’s Rights” –
with CELDF (Community Environmental Legal Defence Fund, USA)
30 September to 4 October 2013

AELA is pleased to provide an update on a workshop and public lecture series which they are hosting in partnership with CELDF from the USA.  The workshops will explore different approaches to protecting the rights of local communities and the rights of nature.  Further information will be uploaded next week to: http://www.earthlaws.org.au/events/

The workshop schedule is as follows:

Brisbane, Monday September 30th – This workshop will feature Thomas Linzey and Mari Margil from the USA’s Community Environmental Legal Defence Fund (CELDF); Nati Green from Ecuador’s Fundacion Pachamama, Drew Hutton and Annie Kia from the Lock the Gate Alliance and Aidan Ricketts, Southern Cross University and author of the Community Activists Handbook. It will be held at the EcoCentre, Griffith University, from 9.30 to 4.30pm.

Melbourne, Wednesday 2nd October– hosted by the Environmental Defender’s Office, Victoria.  Details will be available soon!

Western Australia –  Margaret River and Perth, 3rd to 5th October.  A series of workshops and public lectures will be held in Margaret River and Perth from Thursday 3rd August to Saturday 5th August.  These events are being co-hosted by Eco-Logik International, the Conservation Council of Western Australia and the University of Western Australia.  More details soon!

Upcoming Events

  • 3rd August.  AWLA’s National Convenor, Michelle Maloney, will be giving a presentation about Earth Laws and the Rights of Nature movement at the Bellingen ‘Festival of Ideas: Water, Lands, Wildlife, Forests”, to be held from 1pm at the Bellingen Memorial Hall, on Saturday 3rd August (this weekend). For more information please contact Caroline Joseph: caroj2@bigpond.com
  • 27-29 September – AWLA’s Conference, Brisbane – http://www.earthlaws.org.au/wildlaw-conference-2013-brisbane/
  • 30 September – 5 October – “Exploring Community and Nature’s Rights”, Workshop and Seminar Series with the USA’s Community Environmental Legal Defence Fund (www.celdf.org ) – Brisbane, Melbourne and Perth.  For more information – watch our website! http://www.earthlaws.org.au/events/
  • 5-6 December – Environmental Justice Symposium, Brisbane – more information will be available soon on our website

Sydney Wild Law Events: 1st, 2nd & 4th May

Australian WildLaw Alliance

AWLA is pleased to announce a series of Wild Law seminars and workshops in Sydney from 1st to 4th May.  Information is set out below and can also be found on the Events page of our website.  Please circulate to your networks.

Don’t forget to visit our website for more information, and like our facebook page to stay in touch – https://www.facebook.com/pages/Australian-Wild-Law-Alliance/250157398335531?ref=hl

All the best,
Michelle Maloney
National Convenor
 

Call for Papers – Australian Wild Law 2013

2013 Australian Wild Law Alliance

“Living within our ecological limits:
law and governance to nurture the Earth Community”

27-29 September 2013, Ian Hangar Recital Hall,

Southbank, Brisbane – Australia

Wild Law Australia Call for Papers

For a copy of our ‘Call for Papers’ flyer, please click here.

From 27-29 September 2013 the Australian Wild Law Alliance will host a multi-disciplinary conference aimed at exploring key questions for living within our ecological limits:

  • How do we know our ecological limits? And how do we know our place in Mother Earth?
    What can we learn from science, ethics, indigenous knowledge and spiritual connections to country?
  • What legal and governance mechanisms can help us live within our limits?
    What concepts and tools exist in economics, planning, law and other disciplines, that can help guide our efforts to live within our ecological limits?         
  • How do we change our current economic, political and legal systems to create human societies that live in a harmonious relationship with the Earth community?
    For example, what role can ‘rights of nature’ legislation play in shifting human societies towards an earth-centred world view and governance culture? What is the role of civil society in changing traditional power structures?

Papers are invited from academics, regulators, civil society organisations and activists who are interested in these topics.  The Conference organisers particularly encourage proposals for multi-disciplinary panels (for example three speakers for one session, from different disciplines), as well as proposals for working groups and round tables that address these topics.

For more information on the Australian Wild Law Conference visit http://www.wildlaw.org.au/wildlaw-conference-2013-brisbane/

HOW TO SUBMIT YOUR ABSTRACT:

Please email your

  • 250 to 300 word abstract, and
  • 100 word speaker biography

To our email address: conference2013@wildlaw.org.au  by 30th June

Please type ‘ABSTRACT’ in your email title.