New governance ways aimed at protecting nature for future generations: the cases of Bangladesh, India and New Zealand: granting legal personhood to rivers

Abstract

Recently, three important rivers in Asia and Oceania were acknowledged as legal persons. Questions emerge, such as: Which motivation drives the people who urged the respective courts and governments to grant these rivers legal personhood, in other words, to create Rights of Nature? Do these events lead to transformative social innovation and change our perspectives of how we see nature? As methodology we employ doctrinal research, examining original legal documents and contemporary news sources concerning the three grassroots initiatives on the rivers. The analysis reveals that there are different reasons for proposing this innovative legal approach of creating Rights of Nature. They include: providing people access to clean rivers for drinking water, sanitation, transportation and agricultural purposes; preventing the river from disappearing; addressing the issue of pollution and toxicity of river water; acknowledging the divine status of the river; and honouring indigenous beliefs concerning the river. The research findings demonstrate transformative social innovation: in all three cases, grassroots initiatives led to a system change. Moreover, dissemination of information concerning individual cases inspires other societal groups to reconsider the situation of their own ecosystems and to develop innovative governance possibilities, thereby honouring an alternative worldview in which human beings see themselves as part of nature rather than owning it just for utilitarian purposes.