Csongor Szij

Lancaster University (Bailrigg, UK) | | Degree: LLB Hons Law with Politics
R (on the application of Nature) v Humanity - The prospect of ecocentric law

Abstract

Should nature have standing in court? Our environmental protection regime undeniably evolved to protect the human interest in land, however, the failures of this approach are now impossible to deny. In a radical departure from the current course, adopting ecocentric thinking in law and policy-making could prioritise place nature's interest and overcome the shortcomings of the current framework. The presentation will commence with defining ecocentrism and its subbranches: social and deep ecology. Subsequently, it will assess how current legislation such as the Water Framework Directive incorporates this philosophy before analysing the judiciary's attitudes and interpretation of similar laws and towards cases concerning the environment in ex parte, Fewings and the Corby and ClientEarth litigation. As it will be shown, there is no substantial involvement of ecocentric thinking on either level of the government. Therefore, in the last part of the presentation, I will discuss Connan's wild law theory and its potential in the United Kingdom to supplement the environmental protection framework.
 

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Csongor Szij