THE PRINCIPLES OF ENVIRONMENTAL ETHICS IN INTERNATIONAL TREATY AND COURT PRACTICE

Authors

  • M. Medvedieva Associate Professor of the International Law Department of the Institute of International Relations of Kyiv National Taras Shevchenko University

DOI:

https://doi.org/10.17721/apmv.2015.124.1.

Abstract

Abstract. International legal rules are specific rules as they establish the rules of conduct for
states in international relations by consensus on the most important international issues, including
ethical issues. One of these issues – the extent to which human rights may be limited for
the benefit of other living beings – are to be answered by environmental ethics that definitely affects
the international treaty and judicial practice. One of the major common feature inherent
to international law as well as to some areas of environmental ethics is restricting human rights
by balancing the interests (public interest against the individual interest) and ensuring public
order and protecting morals in society. There is a need to apply the doctrine of actio popularis
in international protection of human rights and environmental protection. Limitation of human
rights are necessary to prevent further environmental pollution. Despite the fact that the concept
of environmental rights is inherently antropothentric, modern international environmental treaties and decisions of international courts establish limitations on human activities, thereby
defining the limits of human rights in favor of the environment on the basis of ecocentrism or biocentrism.
Key words: environmental ethics, anthropocentrism, biocentrism, ecocentrism, human rights,
international environmental treaties, international jurisprudence.

Author Biography

  • M. Medvedieva, Associate Professor of the International Law Department of the Institute of International Relations of Kyiv National Taras Shevchenko University
    Doctor of Law

Published

2015-11-10