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.
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