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31 Tul. Envtl. L.J. 1 (2017-2018)
Noah's Second Voyage: The Rights of Nature as Law

handle is hein.journals/tulev31 and id is 11 raw text is: TULANE ENVIRONMENTAL LAW JOURNAL VOLUME 31 WINTER 2017 ISSUE 1 Noah's Second Voyage: The Rights of Nature As Law Oliver A. Houck* I. THE HAPPENING ......................................... 2 II. THE AWAKENING ETHIC ................... 9 1I1. THE AWAKENING LAW ................................... 15 IV. NATURE STANDING ................................ ...... 25 V. NATURE RIGHTS ........................................ 30 VI. THE VOYAGE ........................................... 43 In the late 1960s a French sailor narned Moitessier was rounding the coast of New Zealand where a perilous reef stuck out into the sea. Thinking himself in the clear he set his sails and went into his cabin for tea, when he was shaken by an extraordinary noise. Looking out he saw a group of porpoise beating the water with their flas and squawking agitatedly like crows. Sighting him on deck, they formed a line off his bow and forged ahead then veered sharply to starboard and disappeared A few seconds later they were back again, forming the line, then veering away Astonished Moitessier checked his bearngs. The wind had shifted he was heading straight for the rocks. He made an immediate * © 2017 Oliver A. Houck. Professor of Law, Tulane University. The research assistance of Sonia Ahmad (LLM, Tulane 2017) and Ryan Sundstrom (JD, Tulane 2018) is acknowledged with gratitude, as are the constructive comments of Professors Francisco Bustamante (Universidad Internacionale de Ecuador), Erin Daly (Widener University), Hugo Echevarria (Universidad de San Francisco de Quito), James Gordley (Tulane University), and Zygmunt Plater (Boston College). Acknowledged with equal gratitude are two seminal works, RODERICK FRAZIER NASH, THE RIGHTS OF NATURE: A HISTORY OF ENVIRONMENTAL ETHICS (1989), and Julio Marcelo Prieto Mendez, Derechos de la Naturaleza: Fundamento, Contenida y Exililbilidad Jurisdiccional, Constitutional Court of Ecuador, 2013. 1

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