Tag Archives: Anthropocentrism

The Human Rights System as a Conceptual Framework for Environmental Law (R. S. Pathak)

Author(s)

R.S. Pathak

Keywords

Environmental Rights, Natural Order, Future Generations, Common Concern of Mankind, Indigenous People, Anthropocentrism, Environmental Philosophy, Refugees, International Law, Enforcement Procedures

Excerpt

The fundamental significance of environmental protection in shaping the quality of life of a people was reflected, from the commencement of the second half of this century, in the enacted constitutional law of a large number of countries, which include both developed and developing nations. There is a growing volume of environmental legislation and an increasing number of environmental protection agencies.
And as the gap closes between the developed and the developing countries in regard to the significance of the environmental philosophy, an enlarging consensus has become possible in the adoption of global policies and programmes providing for environmental protection.
Environmental law is concerned with our natural heritage and our cultural heritage. The natural heritage includes the atmosphere, the oceans, plant and animal life, water, soils, and other natural resources, both renewable and exhaustible. Our cultural heritage includes the intellectual, artistic, social, and historical record of mankind. Natural heritage is linked with cultural heritage, the survival, protection, and progress of both being interdependent. Man is the bridge between the two. Cultural heritage is the product and record of human perceptions of the natural order through visual, ethical, or mystical perspectives. It issues from man’s vision of his natural heritage. In turn, the protection and preservation of man’s natural heritage depends on human attitudes emanating from cultural, ethical, and religious beliefs.

Citation

(1992) in Environmental Change and International Law: New Challenges and Dimensions, Edith Brown Weiss ed., Chapter 8 (United Nations University Press: Tokyo)

Paper

The Human Rights System as a Conceptual Framework for Environmental Law

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Toward a recalibrated human right to a clean and healthy environment: making the conceptual transition (B. Weston and D. Bollier)

Authors

Burns Weston and David Bollier

Keywords

ecological survival, ecological governance, commons, human rights, biocentrism, cooperation, subsidiarity, precaution, ecocide, anthropocentrism, neoliberal hegemony, competition

Abstract

Despite many noble efforts to champion the right to a clean and healthy environment and related regulation, the official recognition and jurisdictional reach of this right is highly limited. It does not matter if it is understood as an entitlement derived from other substantive rights, as a substantive right autonomous unto itself, or as a cluster of procedural entitlements. Our highly decentralized and far too voluntarist international legal order is far more concerned with privileging commercial imperatives than in protecting human rights and environmental values. However, we may be approaching a ‘Grotian Moment’ that presents an unusual opening for change. A variety of civil resistance movements, new sorts of Internet-based collaboration and governance, and dissenting schools of thought in economics, environmental stewardship and human rights, are gaining both credibility and adherents – locally, nationally, regionally, globally, and points in between. This convergence points to a new paradigm of law, economics, and governance that could provide a practical new way to reframe the human right to environment as the human right to commons- and rights-based ecological governance – what we call ‘Green Governance.’ Unlike the right to environment now practiced – theoretically appealing but troublingly indeterminate operationally – the human right to Green Governance would be anchored in a cognizably well-defined, rich history of both substantive and procedural justice. As we explain, Green Governance can provide a powerful means for challenging the State/Market’s structural limitations by drawing upon the power of Human Rights, Vernacular Law, and Self-Organized Governance as a complement or substitute for State-based governance. A human right to Green Governance could help protect the creations of nature and related societal institutions that we inherit jointly and freely from our forebears, hold in trust for future generations and seek to manage democratically in accordance with human rights principles. To advance this vision, we offer a Universal Covenant Affirming a Human Right to Commons- and Rights-based Governance of Earth’s Natural Wealth and Resources, a declaration ready for immediate adoption by and for all levels of concerned society worldwide.

Citation

(2013) 4/2 Journal of Human Rights and the Environment 116-142

Paper

Toward a recalibrated human right to a clean and healthy environment: making the conceptual transition

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Environmental Ethics: The Big Questions (D.R. Kelly)

Editor

David R. Kelly (Utah Valley University)

Keywords

Environmental ethics, anthropocentrism, nonanthropocentrism, moral considerability, ecology, moral extensionism, nature, culture, subjectivity, technology, ecological science, environmental public policy

Abstract

Contextualises environmental ethics within the history of the Western intellectual tradition by exploring anthropocentric (human-centered) and non-anthropocentric precedents. Offers an interdisciplinary approach to the field by featuring seminal work from eminent philosophers, biologists, ecologists, historians, economists, sociologists, anthropologists, nature writers, business writers, and others. Includes an extended introduction that provides an historical and thematic introduction to the field of environmental ethics. Features a selection of brief original essays on why it is important to study environmental ethics by leaders in the field.  Designed to be used with a web-site which contains a continuously updated archive of case studies.

Citation

David R. Kelly (ed), Environmental Ethics: The Big Questions (Blackwells, UK 2010)

Book

Environmental Ethics: The Big Questions

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Wild Law – the theory (L. M. Warren).

Author

Lynda M Warren.

Keywords

Wild law; governance; jurisprudence; property rights; the ‘Great Jurisprudence’; ‘Earth Jurisprudence’; legal philosophy; anthropocentrism.

Abstract

The paper is part of the UKELA Conference ‘Wild Law’ that was based on Cullinan’s book ‘Wild Law: a manifesto for Earth justice’. It is a critique of Cullinan’s ambitious legal philosopy regarding changing the governance/jurisprudence of our ‘flawed’ legal systems. See the GNHRE website for more on this subject.

Citation

(2006) 18(1) Environmental Law and Management, 11-17.

Paper

Wild Law – The Theory

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A walk on the wild side: wild law in practice (R. Lee).

Author

Professor Robert Lee

Keywords

Human rights and the environment; Wild law; regulation; ‘Earth Governance’; ‘Earth Jurisprudence’; property rights; anthropocentrism.

Abstract

This piece was part of the UKELA Conference ‘Wild Law’ and is an analysis and critique of Cullinan’s book which the Conference was based upon.

Citation

(2006) 18(1) Environmental Law and Management, 6-10.

Paper

A Walk on the Wild Side

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