THE CONCEPT OF RIGHTS OF NATURE IN THE BIAŁOWIEŻA FOREST: FROM ‘WHETHER?’ TO ‘HOW?’
THE CONCEPT OF RIGHTS OF NATURE IN THE BIAŁOWIEŻA FOREST: FROM ‘WHETHER?’ TO ‘HOW?’

Summary/Abstract: This article examines the potential application of the Rights of Nature (RoN) concept to the protection of the Białowieża Forest, a unique transboundary ecosystem of exceptional natural and cultural significance. The complexity of managing this area stems from multiple overlapping legal protection regimes, conflicts of interest involving local communities, and the intricate Polish-Belarusian relations. The authors highlight that existing legal frameworks, grounded in an anthropocentric paradigm, have proven insufficient to ensure effective protection of the Forest as an ecological whole. The study explores the prospective benefits of conferring legal subjectivity upon the Białowieża Forest, thereby enabling judicial protection of nature as an autonomous legal entity. International precedents such as the Ecuadorian and Bolivian constitutional recognition of nature’s rights, and the New Zealand model granting legal personality to natural features, are analysed alongside the challenges of implementing RoN within the Polish and Belarusian legal and socio-political contexts. Particular attention is given to the necessity of tailoring solutions to local conditions, as well as to issues concerning financing and legal liability. Furthermore, the article addresses the tensions between nature conservation and economic activities, including forestry and tourism, which could be exacerbated by granting rights to the Forest. The transboundary nature of the Białowieża Forest and the current geopolitical climate further complicate cooperative management efforts. The authors propose considering the European Grouping of Territorial Cooperation (EGTC) as a potential organisational instrument to facilitate cross-border governance and optimise existing protection frameworks. In conclusion, the article stresses that effective conservation of the Białowieża Forest requires balancing the interests of all stakeholders and achieving compromises. It calls for further legal and social research, including comparative studies and engagement with local communities, to inform legislative reforms.

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