Thick and Thin Roots—Rights of Nature in Germany and New Zealand

Rights of Nature (RoN) represent an innovative form of environmental governance. However, the diverse application of RoN across varying socio-ecological contexts remains under-researched. This paper employs the “Roots of Rights” (RoR) approach for a comparative analysis. We examine RoN’s institutionalisation, implementation, and contestation in Germany and Aotearoa New Zealand, focusing on underlying relational values. Our analytical framework investigates two core dimensions: political dynamics of marginalisation and the role of relational approaches in the codification process. The findings reveal a fundamental divergence in RoN’s function. In Germany, RoN operates primarily as a radical theoretical tool. It is used by civil society to challenge the prevailing anthropocentric legal tradition. Conversely, legal personhood in New Zealand (e.g., Whanganui River) is a direct political product of Treaty Settlements. These frameworks serve the political self-determination and emancipation of Māori Iwi. Crucially, they codify a deeply-rooted, pre-existing relational worldview (tikanga). We conclude that RoN functions as a “thin” conceptual instrument in Germany, but as a ‘”hick”, politically instrumental means of securing non-hegemonic norms in New Zealand.