An introduction to ethical considerations in international environmental law

Abstract

Introduction The purpose of this chapter is to give the reader an overview of where some of the ethical debates in international environmental law are currently found. This chapter builds upon my earlier work in this area, which is contained in International Environmental Law, Policy and Ethics (Gillespie, 1997). I shall be using the template from the work, in terms of all of the ethical values at play in international environmental law as the guide for the following analysis. At the time of writing my 1997 text, I approached the issue of ethics and international environmental law, as most doctoral students do, in a very theoretical manner. Over the subsequent ten years, whilst I have had found no reason to change my mind with regard to the philosophical considerations in this area, I have been actively involved in the practice of international environmental diplomacy for both national governments and international organizations. Accordingly, my professional work has often been driven towards very practical, somewhat traditional solutions to immediate problems, and the luxuries of philosophical purities have often been remote. Accordingly, one important difference from my work in 1997 and now is the realization that although many ethical propositions for conservation may contain philosophical problems, it is still very important to pursue these, if conservation goals in the present can be obtained. The lUxury of only pursuing the absolute correct, philosophically pure and defensible ethics in this area is one which is simply not in accordance with the amount of work that needs to be done, and the time available for the task. At this point in history, I am of the belief that necessity, more than pragmatism, should govern efforts in international environmental protection. Nevertheless, it would be wrong to suggest that the two worlds of the theories and the practice of international environmental law do not overlap. In some areas, ethical questions are at the forefront of international discussions, although these questions tend to quickly become wrapped in nuanced language. Although such nuanced language is often necessary to blunt otherwise embarrassing political differences, the nuances can also have the effect of disguising the rich philosophical areas that the debates have originated. In this chapter, due to lintitations of space, I shall not be looking at the original debates surrounding ethics and the environment. I shall only be looking at the positive ethical debates, and I shall be omitting the criticisms where the values listed below have been used for purposes which are not necessarily conducive to environmental protection. Nor shall I be examining all of the ethical arguments in this area. The reason I shall miss some areas out, such as with regard to the etltical value of future generations, is because this argument is not disputed (and has not progressed) in any meaningful manner since it was unveiled in 1987. Rather, it has become somewhat of a touchstone, which most (if not all) treaties and formal