EUROPEAN GROUPING OF TERRITORIAL COOPERATION (EGTC) AS AN ORGANISATIONAL FORM OF THE RIGHTS OF NATURE CONCEPT?
EUROPEAN GROUPING OF TERRITORIAL COOPERATION (EGTC) AS AN ORGANISATIONAL FORM OF THE RIGHTS OF NATURE CONCEPT?

Summary/Abstract: This article explores the potential application of the European Grouping of Territorial Cooperation (EGTC) as an institutional mechanism for implementing the Rights of Nature (RoN) concept within the European legal framework, with a particular focus on cross-border regions. The RoN paradigm, originating from indigenous legal traditions in Latin America, challenges the anthropocentric model of environmental protection by recognising nature as a legal subject vested with inherent rights, including the right to existence, regeneration, and ecosystem integrity. Comparative case studies from Ecuador, New Zealand, India, and Spain illustrate the diverse methodologies and practical challenges encountered in operationalising RoN. Within the European context, RoN generates both optimism and significant legal constraints due to entrenched doctrines of legal personality and the complex legal-political landscape governing transboundary cooperation. The EGTC, established under EU and national law, provides a unique legal entity enabling formalised cooperation among Member States and relevant public and private actors, including those from third countries. Practical examples, such as the joint management of transboundary parks and biosphere reserves, demonstrate the EGTC’s capacity to advance nature conservation and sustainable development objectives effectively. The article argues that the EGTC may serve as a viable legal instrument for embedding RoN principles, particularly in cross-border settings where legal harmonisation and coordinated governance are essential. By facilitating joint ecosystem management, planning, and protection, as well as access to EU funding and implementation of collaborative projects, the EGTC offers a pragmatic framework for RoN realisation. Nonetheless, integrating RoN within the EGTC structure necessitates extensive public discourse, careful alignment with European legal, cultural, and economic contexts, and rigorous monitoring of pilot initiatives. In conclusion, institutionalising the Rights of Nature within the EGTC framework could establish an innovative legal standard for nature protection in Europe, combining ethical imperatives with practical mechanisms of transboundary cooperation.

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