Glaciers as Legal Entities: Perspectives on the Rights of Nature for Climate Resilience at the Third Pole

Authors: Katie Conlon, Jigmet Lundup
Keywords: Glaciers; Rights of Nature; Himalaya, climate change; watershed; resilience; conservation

Accelerated retreat of glaciers attributed to climate change presents notable challenges to water security, biodiversity, and the livelihoods of local populations at the Third Pole, the Himalayas. This research explores the possibility of granting legal rights to glaciers in Ladakh as a strategy for enhancing climate resilience by using the emerging Rights of Nature paradigm. Acknowledging glaciers as legal entities empowers affected communities to advocate for their conservation and hold responsible parties accountable for environmental degradation or raise their voices on behalf of the glaciers. This  study evaluates the alignment of Rights of Nature principles with the environmental governance structures and legal frameworks that exist in Ladakh and India, and looks into the important role that local communities, particularly traditional knowledge custodians play in glacier preservation and water resource management. In summation, this perspective piece recognises natural rights as strengthening governance structures in vulnerable mountain ecosystems and proposes legally recognising glaciers for significantly improving climate resilience by protecting freshwater sources, facilitating sustainable water governance, and encouraging community stewardship. However, challenges such as enforcing legal provisions, potential conflicts with existing water rights, and establishing appropriate guardianship frameworks require careful consideration.