International Environmental Law, Policy and Ethics

by Gillespie, Alexander

• ISBN13: 9780198265627
• ISBN10: 019826562X
• Format: Hardcover
• Copyright: 1998-01-08
• Publisher: Oxford University Press

Summary

This innovative study shows how nations, like individuals, are creating environmental laws and policies that are continually inviting failure since such laws are riddled with inconsistencies and are ultimately contradictory in purpose.

Table of Contents

Table of Important Laws, Declarations, and Decisions, in Chronological Order	xi
Introduction	1	(3)
I. Anthropocentricism	4	(172)
Foundations, Theories, and Positions	5	(10)
The Physical and the Mental	5	(1)
The Individual Nature of Existence	6	(3)
The Dichotomies Between Humanity and Nature	9	(2)
The Use and Value of Nature	11	(1)
The Control of Nature	12	(3)
The Anthropocentric Basis of International Environmental Law	15	(4)
II. The Self-Interest Justification for Environmental Protection
Self-Interest in the International Environmental Context	19	(1)
Self-Interest and Current Environmental Argument	20	(2)
The Problems of the Anthropocentric Self-Interested Approach	22	(1)
Self-Interest and International Environmental Law	23	(5)
Self-Interest and Climate Change	25	(3)
III. The Use of Economic Rationale as a Justification for Environmental Protection
The Background	28	(5)
The Reasons for the Economic Emphasis within Environmental Policy	33	(4)
The Total Economic Value of Tropical Forests	36	(1)
Acceptance of the Argument	37	(1)
The Problems with Economic Justifications for Environmental Protection	38	(1)
The Question of Values	38	(12)
The Problem of Value	38	(9)
Sustainable Whaling	45	(2)
The Location of Values	47	(3)
The Social Problems of Economic Considerations	50	(4)
Political Problems	54	(3)
Market Problems	57	(5)
IV. Religious Justifications for Environmental Protection
International Law and Religion	62	(1)
Environmental Protection, Law, and Religion	63	(2)
Environmental Protection and Religion	65	(2)
The Environmental Argument in a Biblical Context	67	(4)
The Problems with Religiously Inspired Conservation as a Suitable Source of Environmental Protection	71	(1)
Differing, Changing, and Failing Interpretations	71	(5)
Religious Hostility, Indifference, and Motivational Concerns with Regard to Environmental Protection	76	(4)
Population and Theology	77	(3)
The Limited Role of Religion in a Secular Society	80	(2)
V. Aesthetic, Cultural, and Recreational Justifications
Aesthetic Justifications for Environmental Protection	82	(10)
Aesthetics and International Environmental Law	82	(2)
The Arguments for Aesthetic Environmental Considerations	84	(3)
Sealing and Aesthetics	85	(2)
The Problems with Aesthetics as a Basis for Environmental Concern	87	(5)
Subjectivity	87	(3)
Collective Aesthetics	90	(1)
Residual Problems with Aesthetics	91	(1)
The Cultural Justification for Environmental Protection	92	(10)
Culture and International Environmental Protection	92	(3)
Maori, Culture, and Environmental Protection	94	(1)
The Cultural Argument	95	(2)
Initial Difficulties with the Cultural Exception	97	(2)
Rhinoceros and Culture	97	(2)
The Defence of Environmentally Destructive Cultures	99	(2)
The Final Refutations	101	(1)
Recreational Values and the Importance of Wilderness as Justifications for Environmental Protection	102	(5)
The Problems of Wilderness and Recreation	104	(3)
VI. The Rights of Future Generations as a Justification for Environmental Protection
International Law and the Rights of Future Generations	107	(3)
The Moral Considerability of Future Generations: Past and Present	110	(4)
Nuclear Waste and Future Generations	112	(2)
Theories of the Rights of Future Generations	114	(3)
John Rawls and the Ideal Observer	114	(1)
The Cross-Temporal Argument	115	(2)
The Problems with the Future Generations Argument	117	(1)
Motivational and Practical Problems	117	(2)
Theoretical Problems	119	(8)
Knowledge, Distance, and Cost	119	(3)
Interests and Existence	122	(2)
The Anthropocentric Assumptions Within the Theories for the Moral Consideration of Future Generations	124	(3)
VII. The Growth of New, Non-Anthropocentric Ideals within International Environmental Law
The Change of Values	127	(6)
The Philosophical Problems of Protecting Endangered Species	131	(2)
The Change of Objectives	133	(2)
The Possibilities of the Non-Anthropocentric Approaches	135	(2)
VIII. The Moral Considerability of Animals
The Utilitarian Approach	137	(4)
Problems with the Utilitarian Approach	139	(2)
Inherent Value	141	(3)
Further Philosophical Challenges	144	(1)
The Moral Considerability of Animals and Environmental Ethics	145	(5)
IX. Respect for Life
The Proposal	150	(2)
Reverence for Life	152	(1)
The Difficulties of the Life Approach	152	(7)
X. The Land Ethic
The Basis and Objective	159	(3)
Philosophical Problems	162	(2)
Problems with Ecological Theory	164	(4)
Misanthropic Tendencies	168	(6)
Strategies for Progress	174	(2)
The Problem of Poverty	174	(2)
XI. Conclusion	176	(3)
Bibliography	179	(32)
Index	211