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Why is a forest in Ecuador seeking legal rights for a song?

The Evolution of Legal Rights for Nature: Understanding the Implications of Ecuador's Forest Petition

In a groundbreaking development, a petition has been filed with Ecuador's copyright office to officially recognize Los Cedros cloud forest, spanning approximately 15,000 acres (6,070 hectares), as a co-creator of a musical composition. This initiative seeks to acknowledge the contribution of nature in artistic endeavors, potentially establishing a significant precedent in both environmental and copyright law.

What the Petition Entails

The petition, put forth by the More than Human Life (MOTH) project, aims to attribute co-creator status to Los Cedros for the composition titled "Song of the Cedars." This song was crafted collaboratively by musician Cosmo Sheldrake, writer Robert MacFarlane, and mycologist Giuliana Furci of the Fungi Foundation, a conservation organization based in the U.S. MacFarlane emphasized that the creation of the song was an act of co-authorship involving the forest and its ecosystems, asserting, "We couldn't have written it without the forest."

Legal Framework for Nature's Rights

Ecuador is pioneering in this realm, having incorporated special rights for nature into its constitution in 2008, under former President Rafael Correa. This legislation marked Ecuador as one of the first nations to legally acknowledge the inherent rights of ecosystems, particularly through the Rights of Nature (RoN) articles, which affirm nature's right to exist, regenerate, and be restored. Article 10 has been invoked numerous times in judicial decisions, pushing for a balance between economic growth and ecological protection.

Global Context and Precedents

Other nations have similarly recognized legal rights for natural entities:

Ecuador: In 2021, the constitutional court recognized the Los Cedros biological reserve as a legal entity, effectively halting mining operations in the area.

New Zealand: The Te Urewera mountainous region and the Whanganui River were both granted legal personhood, protecting them from human ownership and exploitation.

Bangladesh: The High Court declared all rivers in the country as "living entities," giving the National River Conservation Commission legal guardianship over them.

Colombia: The Amazon rainforest received personhood status after youth activists successfully sued the government over its climate policies.

Historical Background on Nature's Legal Rights

The notion of granting legal rights to nature dates back to the 1970s. A pivotal case involved the Sierra Club's attempt to prevent Walt Disney Enterprises from developing a ski resort in a protected area. Although the U.S. Supreme Court ruled against the Sierra Club, Justice William O. Douglas proposed that ecosystems might require legal standing to protect their interests, influenced by the ideas of Christopher Stone, who argued for legal representation for nature.

Artistic and Music Rights for Nature

While the petition to grant Los Cedros legal rights in music composition is unprecedented, it has not yet been replicated in any previous artistic context. Should the petition succeed, it would not retroactively affect existing artistic works, as legal changes are typically not applied retroactively without explicit provisions.

Implications for Non-Human Entities

There have been movements to extend legal rights to animals as well. In 2015, an orangutan named Sandra was granted "non-human" personhood rights in Argentina, allowing her to be relocated to a sanctuary after being confined in a zoo. This case set a notable precedent for legal recognition of animals as entities with rights.

In conclusion, the movement towards recognizing legal rights for natural ecosystems signifies a transformative shift in environmental law and advocacy, inviting discussions on how societies value and protect the natural world. The pending petition for Los Cedros forest marks an exciting juncture in this evolving narrative, with implications that could resonate globally.