Incorporating a Rights of Nature Approach into the EU Legal Framework: Exploring Legal Mechanisms for Enhanced Wadden Sea Habitat Protection

Abstract

This research explores the incorporation of a Rights of Nature approach into the legal framework of the European Union on habitat protection. The study assesses the existing EU environmental framework and the barriers to Rights of Nature in the EU. It further analyses international case studies where Rights of Nature have been implemented. Drawing from this analysis, the study explores the feasibility and effectiveness of two legal instruments regarding the objective of enhancing habitat protection in the Wadden Sea. Through a comparison of these legal mechanisms, the research identifies practical implications of incorporating a Rights of Nature approach into the EU legal framework, in particular concerning the criteria for legal standing. The findings suggest that each legal mechanism faces significant challenges to incorporating a Rights of Nature approach, especially if not accompanied by a broader ecocentric shift across the EU legal framework. The implications of this study therefore have significance beyond the case of the Wadden Sea, providing insights into the broader integration of Rights of Nature into EU environmental law.