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the Loire Parliament, aims to simulate a parliament of an entire river ecosystem with all interests represented – humans, the river itself, other elements of nature relying on the river – and demonstrate how these could interact and function in a system where such rights are recognised. Conclusion These initiatives not only mobilise and educate citizens, but also examine an important issue that must be addressed before we can give rights to rivers – how to exercise those rights. Rights without the concrete conditions to exercise them are useless, so we need to recognize the importance of an effective framework to enforce these rights once they have been granted. This will be essential to provide real empowerment and avoid a purely formal granting of rights. By smoothing out these practical elements, when the discourse finally reaches the top political level, rights can be granted to rivers in a meaningful way, rather than giving mere lip service to a vague notion.
Non-Western Legal Traditions and Environmental Law By Emilie Oudart, JS Law and Political Science The relationship between humans and nature is central to discussions on climate change and environmental challenges. Human activity can have a detrimental impact on the environment, facilitated by Western philosophies and their view on how humans should interact with nature. For example, property rights have been linked to a rise in deforestation as they promote investment and therefore encourage the agricultural use of land. Western legal systems are characterised by their emphasis on the rights of the individual. The core role of the individual in these legal traditions enables the exploitation of natural resources and diminishes the importance of preserving the environment. But how is this issue handled by other legal systems that existed long before the civil law and the common law came to dominate in Europe and, later, across much of the world? The philosophies, beliefs and values underpinning some of these legal traditions highlight a very different approach to environmental law. We can, and should, learn from these approaches in our efforts to fight against climate change. These traditions have persisted and developed over millennia and more recently have inspired legal developments concerning the environment in many “Western” jurisdictions around the world. Chthonic Legal Traditions The ancient legal traditions, described by H. Patrick Glenn as “chthonic,” are often associated with a highly respectful attitude towards the environment. Chthonic people live in close harmony with the earth, with their legal traditions emphasising the cycle and balance of life. In the traditions of many sub-Saharan tribes, for example, land is sacred and at the core of the legal system. It cannot belong to anyone absolutely and humans’ relationship to land is protected by supernatural forces. A particularly interesting feature of many chthonic legal traditions is the endowment of non-human entities with rights, including the dead, the supernatural, and the natural. This has important implications for environmental law and is an element of the chthonic tradition that is re-emerging in “state law” (official law backed by the coercive power of the state) in the concept of environmental personhood. The idea of attributing legal personhood to natural entities has gained traction in many jurisdictions as a means of protecting the natural environment. Although the concept is often traced back to the 1972 work Should Trees Have Standing? — Towards Legal Rights for Natural Objects by Christopher D. Stone, an American academic, it is consistent with many chthonic legal traditions. The recent phenomenon of rivers being endowed with legal rights
