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  • 11 - Global Legal Pluralism and the Rights of Nature

  • Edited by Kevin E. Davis, New York University, Mariana Pargendler, Harvard Law School, Massachusetts
  • Book:
    Legal Heterodoxy in the Global South
    Published online:
    19 June 2025
    Print publication:
    03 July 2025, pp 339-376
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  • Summary

    The legal systems of countries as dissimilar as Ecuador, Bolivia, New Zealand, the United States, and Uganda have recognized nature as a subject of rights. This chapter contributes to the description, analysis, and comparison of the global discursive patterns that convey and underpin the rights of nature from the perspectives of comparative law and global legal pluralism. The first part of the chapter examines three types of discourse related to rights of nature: the prototypical models, discourses that reproduce the paradigmatic models, and discourses that resist the rights of nature. The second part analyzes rights of nature from two perspectives that are central to contemporary comparative law: the political economy of legal knowledge and explanatory theories of legal change. Rights of nature challenge conventional notions of which countries create and exchange legal knowledge. They have been articulated by historically weak or marginalized countries or peoples, and they have been incorporated in national legal systems through heterodox processes of South–South and South–North exchange.