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Project title

The History of the Adoption of the EU's Nature Restoration Law: Rights of Nature perspective

Primary Funding Agency

Environmental Protection Agency (EPA)

Co-Funding Organisation(s)

n/a

Lead Organisation

Taighde Eireann Research Ireland (UCD)

Lead Applicant

Alessia Palladino

Project Abstract

Recently, the environmental matter and its resolution measures gained significant relevance. The EU tried to address this issue through the EU Green Deal, which led to the adoption of the Nature Restoration Law (NRL). This research is aimed at analysing the possibility of inferring Rights of Nature from the NRL. In fact, Rights of Nature (the possibility to grant rights and legal personality to nature), are another topical issue of environmental law, and constitute another useful tool to grant nature protection, as they would allow nature to stand in court directly and would change the perspective of lawmakers and policymakers. Rights of Nature have been introduced in several jurisdictionsad have reached positive outcomes (Vilcabamba River case; Te Urewera Forest case) which could not have been otherwise reached. Hence, discussing the implementation of Rights of Nature in the EU would be a key aspect in assessing nature protection, specifically because the NRL opens up to the concept of ecology, that is to say following a more holistic approach for nature protection. The adoption of the NRL was particularly long and presented several obstacles, which led to the adoption of a watered down version of the initial proposal (Cliquet, 2024). This is both because of the opposition of a political group, because of the way media covered the adoption process and because of the response of some lobbies (Cliquet, 2024). This research is aimed at understanding the challenges that the NRL faced during its adoption and if it is possible to infer Rights of Nature from the adopted text, trying to understand the level of effectiveness of the NRL. The research will be conducted through doctrinal and comparative legal research, but also with empirical research, to fully understand the role of specific stakeholders in the amendment of the NRL through interviews.

Grant Approved

€136,000.00

Research Hub

Protecting and Restoring Our Natural Environment

Research Theme

n/a

Start Date

01/09/2025

Initial Projected Completion Date

31/08/2029