Nature as a Legal Person: Proxy Constellations in Law

Abstract

Thirty years after the Hamburg seals case, autonomous rights for nature are no longer a merely utopian idea, but a social reality— and, in view of urgent ecological questions, a necessity. By expanding the stakeholder status in politics and law, ecosystems and animals are being empowered de lege lata to enforce their rights as non-human legal persons in the courts. I will first trace current trends in the juridical personification of non-human persons. I will then explore the potential for opening the concept of legal personhood to non-human legal persons from a theoretical perspective—considering the limitations of this approach as well. Finally, I will sketch out the current framework for legal action brought by non-human persons in German, European, and international law.

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