Justice for Nature : a Rawlsian Approach

This chapter explores the evolving legal and philosophical concept of the Rights of Nature, focusing on its implications for environmental justice in England and Wales. Drawing on constitutional rights theory, environmental ethics, and Rawls’ Theory of Justice, it examines how nature can be recognized as a legal rights-holder, moving beyond traditional anthropocentric frameworks. The chapter traces the development of this idea from early Indigenous worldviews and key legal milestones, such as Ecuador's 2008 constitution, Bolivia's 2010 Law of the Rights of Mother Earth, and New Zealand’s legislation recognizing the rights of rivers. Proportionality is a central theme, as it is often used in human rights law to balance competing rights. The chapter demonstrates how proportionality can be adapted to resolve conflicts between human rights, corporate interests, and the Rights of Nature. It further explores how an amended Rawlsian framework – especially the concepts of the original position, veil of ignorance, and difference principle – can be applied to conflicts involving nature as a a rights holder. The application provides a fair framework for decision-making that prioritizes the most vulnerable stakeholders, including ecosystems and species.

Through hypothetical case studies involving state development, corporate activities, and inter-ecosystem conflicts, the chapter illustrates the practical application of these principles in balancing human and ecological rights. It concludes by highlighting the need for legal systems to evolve and recognize nature’s rights as fundamental to ensuring justice and sustainability in the face of ongoing environmental challenges. With justice for nature denied, the world faces a perilous future.