Society

Should the Rhine Have the Right to Sue?

The Rhine is already protected by treaties, regulators, environmental reviews and campaign groups. Legal personhood would add a new claimant to disputes over bridges, ports and factories, opening a Pandora’s box in a country already struggling to build.

The Rhine during protests.

The Rhine has repeatedly served as a backdrop for protests over a wide range of political and environmental causes. Photo: Ying Tang/NurPhoto via Getty Images

Companies, foundations and associations can be legal persons. Environmental activists now want to grant the Rhine the same status. The river itself could not appear in court, but designated representatives could sue on its behalf if its rights were deemed to have been violated. Environmental organizations would naturally be eager to take on that role.

Legally, however, the proposal threatens to trigger a battle over definitions: what rights can a body of water be said to possess, what would such rights be based on, what would constitute a violation and who would be entitled to police them?

Daniel Reininger of the French organization Alsace Nature is calling for the Rhine to be granted legal personality as quickly as possible, according to Euractiv – even before it is clear under what law those rights would be granted. After all, the river flows through or along the borders of six countries: Germany, Austria, Liechtenstein, Switzerland, France and the Netherlands.

Nor does the proposal stop there. Reininger is also calling for a Rhine parliament in which farmers, businesses, fishers, transport operators, local residents and environmental associations would have an equal say in the river’s future.

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