Righting Aotearoa’s coastal marine area
A case for legal personhood to enhance environmental protection
Bibliographic Data
| ID | 14970834 |
|---|---|
| Authors | Rachael Mortiaux (0009-0003-4531-8557, School of Law, University of Canterbury, Christchurch, New Zealand, corresponding author) |
| Year | 2021 |
| Volume | 30 |
| Issue | 3 |
| Pages | 413-437 |
| Publication date | 2021-07-03 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2021.2003743 |
| OpenAlex | W3217651523 |
| Language | EN |
| Citations received | 1 |
| References cited | 26 |
The health and integrity of New Zealand’s essential coastal marine area is deteriorating, while a fragmented and inadequately implemented statutory framework fails to effectively manage threats to New Zealand’s marine environment. In an attempt to respond to these issues, I suggest that legal personhood could be used to support increased environmental protection of marine areas and resources. Drawing on comparative examples from New Zealand and internationally, I consider the recognition of ecosystems as legal persons within regulatory and governance models, and argue that legal personhood could similarly be applied to New Zealand’s coastal marine area. If implemented correctly, I argue that legal personhood could, critically, shift the relationship between humans and Nature, thereby elevating the interests of the coastal marine area above those who exploit it, and support more collaborative and holistic environmental management
Aotearoa · Business · Corporate governance · Environmental ethics · Environmental law · Environmental planning · Environmental resource management · Geography · Legislation · Marine protected area · Personhood · Political science · Sociology · Statutory law · Environmental law and policy · International Maritime Law Issues · Law · Wildlife Conservation and Criminology Analyses · Ecology
Wild Law — In Practice
A Theory of Legal Personhood
Title unavailable
Rights of Nature
New Transitions from Human Rights to the Environment to the Rights of Nature
Beyond anthropocentrism and ecocentrism
Navigating collaborative networks and cumulative effects for Sustainable Seas
The Whanganui River as a Legal Person
The Rights of Nature
The campaign for legal personhood for the Great Barrier Reef
Indigenous Water Rights in Comparative Law
Stop Burying the Lede
Creating legal rights for rivers
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,2 |
| Citation span | 2021 - 2021 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |