The costs and benefits of environmental sustainability Assignment

Assignment Task

Introduction

One of the most pressing environmental, political, and legal challenges today is locating effective remedies to reduce and rectify injuries committed against more-than-human natural actors. This challenge has been addressed in the natural sciences, social sciences, and legal studies (Borrows, 2002 Dellapenna & Gupta, 2009; Fisher, 2017), which indicate that relationships between nature and humans are imbued with social and material imbalance and toxicity. In the pursuit of remedying these relationships, some scholars have leveraged rights-based discourses to argue that a healthy environment is a human right (Hiskes, 2008), whereas others have shifted the location of rights to argue in favour of recognizing the inherent rights of nature (Burdon et al., 2015; Donnell & Talbot-Jones, 2018). The latter has gained social, political, and legal traction globally. Pursuing the rights of nature by attributing legal personhood to natural actors is innovative in Western environmental law and policy because doing so marks a departure from prescriptive environmental policies. Recognizing the animacy, living-nature, and personhood of rivers, however, is not so nascent within Indigenous legal orders” and the relational practices that derive from Indigenous expressions of nationhood and governance. As such, this article draws on Western and Indigenous legal practices to draw out a potential remedy to imbalanced relationships with natural actors, which is developed through using legal personhood as a cross-cultural and inter-legal nexus. This article therefore develops the claim that rivers’ legal personalities might offer a mechanism to leverage when declared through and in accordance with Indigenous, Canadian, and international law to remedy imbalanced water relations.

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