ENVIRONMENTAL STAKEHOLDER IN THE LIGHT OF LEGAL PERSONALITY CONCEPT: LESSONS FROM INDIA AND NEW ZEALAND

Abstract

Globally, there have been grave concerns about the natural environment as the world has continued to reel through various environmental challenges. This is in spite of the fact that environment is considered as one of the pillars of the concept of sustainable development and/or sustainability principles. In developing countries, particularly those of Sub-Saharan Africa (SSA), environmental concerns are subsumed under the concept of corporate social responsibility (CSR), which is a business strategy of multinational companies in the region. Albeit this is only in principle as there is little or no evidence that CSR goes beyond corporate philanthropy. Corporate philanthropy is anchored on the idea of satisfying the needs of a stakeholder - local community. As such, the CSR strategy has not been effectively deployed to serve the interest of the natural environment in itself. One of the main challenges to safeguarding the environment appears to be centred on its uncertain status as a stakeholder with corresponding obligations, particularly in developing countries. Hence there are divergent views and contestations on the inclusion of the environment as a stakeholder. Therefore, the paper explores the concept of legal personality in attempting to conceptualize the idea of the natural environment as a stakeholder created by law, drawing on lessons from more developed jurisdictions. Consequently, this paper argues that in order to safeguard the natural environment, a different strategy that is underpinned by ecocentric sentiments has become necessary. With this perspective, the paper explores the implications for developing countries, particularly in SSA.