Experiments with the Extension of Legal Personality to Ecosystems and Beyond-Human Organisms: Challenges and Opportunities for Company Law

Type of content
Journal Article
Thesis discipline
Degree name
Publisher
Cambridge University Press (CUP)
Journal Title
Journal ISSN
Volume Title
Language
en
Date
2023
Authors
Jefferson, David
Macpherson, Elizabeth
Moe , Steven
Abstract

in recent years, a number of jurisdictions have recognized diverse ecosystems and other-than-human organisms as legal persons. From national constitutions and legislation to subnational judicial decisions and ordinances, these legal experiments have extended legal personality to riverine and terrestrial ecological communities, including vast geographical areas and the beyond-human beings that inhabit them. A growing body of literature engages with these developments and, in particular, their consequences for states and governments. However, few analyses have considered the practical implications they may present for private organizations operating under company law. We address this research gap and explore potential challenges and opportunities that the recognition of ecosystems as legal persons may create for private legal persons, especially corporations. We also discuss the possible impacts and opportunities of the expansion of legal personality on company law and corporate practice more broadly, arguing for a reimagination of company law. This reimagination embraces an ethics of reciprocity, responsibility, and relationality between corporate entities, and ecological and human communities.

Description
Citation
Jefferson DJ, Macpherson E, Moe S Experiments with the Extension of Legal Personality to Ecosystems and Beyond-Human Organisms: Challenges and Opportunities for Company Law. Transnational Environmental Law. 1-23.
Keywords
ecosystem rights, beyond-human rights, legal personality, rights of nature, company law
Ngā upoko tukutuku/Māori subject headings
ANZSRC fields of research
48 - Law and legal studies::4801 - Commercial law::480103 - Corporations and associations law
48 - Law and legal studies::4802 - Environmental and resources law::480299 - Environmental and resources law not elsewhere classified
Rights
Transnational Environmental Law, page 1 of 23 © The Author(s), 2023. Published by Cambridge University Press. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/ licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. doi:10.1017/S2047102523000079