vii
Part III considers possible obligations on the part of states to protect ecological
integrity. In the first chapter of this part, Ngozi Unuigbe presents the connection
between African eco-philosophy and ecological integrity. Africa, she notes, has
numerous grave environmental and human rights problems. The local version of
eco-philosophy, eco-relationism, is handed down as a traditional religion of Africa
through the generations: it is based on the belief that current life, both human and
non-human, present, past, and future are all interconnected. Hence our overconsumption places at risk the “biotic community,” she states, citing Aldo Leopold.
Thus, clearly, individual interests cannot come before the rights of the community
of nature.
Kathryn Gwiazdon addresses the responsibility of the state regarding the ongoing environmental crisis. She cites Einstein’s strong critique of war and his demand
that human rights should be put ahead of all, even state sovereignty rights. She
points out the lack of ethical standards, social bods, and the very breakdown of
social order as part of the reasons that render so difficult the acceptance of ethical
limits for all, while worldwide the failures of international law to offer redress persist. She argues that the denial of reality leads to accept and embrace injustice.
Gwiazdon concludes that state sovereignty today and the present global governance
are simply not sustainable.
Geoffrey Garver’s chapter proposes returning to individual and community’s
attachment to places, to counteract the present separation of humans from nature.
What is needed, Garver argues, is increased respect for the Indigenous Peoples
whose attachment to their places is part of their tradition. Humanity as a whole
needs to connect to place, to substitute the uncaring mobility and detachment that
prevails.
The next chapter asks whether it is still possible to protect wilderness today.
Anne Venton notes that despite the fact that parks were protected in many parts of
the world, today the situation is not so positive. She cites some who see the impending approach of an “environmental rights revolution,” which would include the constitutional right to a healthy environment. The growing public awareness of climate
change recently resent in most parts of the world is a case in point, which permits us
to hold a moderately optimistic outlook.
The last chapter in Part III considers what we can learn from science, specifically
quantum mechanics. Orsolya Banyai argues that the resent laws are “not consistent
with the fundamental law and principles” that direct the functioning of the universe.
Too many of the planetary boundaries have been transgressed: climate change,
losses of biodiversity are clear indications. But she cites the existence of the Great
Jurisprudence, which transcends even the approach proposed by natural law, while
both in fact also correspond to some Eastern classic theories, regarding the universe.
These “higher rules” beyond human laws are what is needed to correct present legal
regimes.
Part IV returns to the role of earth science. Jakub Zelený proposes a land-based
approach to ecological integrity, which represents a wonderful addition to the way
we have been understanding both biological (single organism) and ecological (general) integrity. In Canada, we started from the 1972 Clean Water Act, so that water
Preface
Part III considers possible obligations on the part of states to protect ecological
integrity. In the first chapter of this part, Ngozi Unuigbe presents the connection
between African eco-philosophy and ecological integrity. Africa, she notes, has
numerous grave environmental and human rights problems. The local version of
eco-philosophy, eco-relationism, is handed down as a traditional religion of Africa
through the generations: it is based on the belief that current life, both human and
non-human, present, past, and future are all interconnected. Hence our overconsumption places at risk the “biotic community,” she states, citing Aldo Leopold.
Thus, clearly, individual interests cannot come before the rights of the community
of nature.
Kathryn Gwiazdon addresses the responsibility of the state regarding the ongoing environmental crisis. She cites Einstein’s strong critique of war and his demand
that human rights should be put ahead of all, even state sovereignty rights. She
points out the lack of ethical standards, social bods, and the very breakdown of
social order as part of the reasons that render so difficult the acceptance of ethical
limits for all, while worldwide the failures of international law to offer redress persist. She argues that the denial of reality leads to accept and embrace injustice.
Gwiazdon concludes that state sovereignty today and the present global governance
are simply not sustainable.
Geoffrey Garver’s chapter proposes returning to individual and community’s
attachment to places, to counteract the present separation of humans from nature.
What is needed, Garver argues, is increased respect for the Indigenous Peoples
whose attachment to their places is part of their tradition. Humanity as a whole
needs to connect to place, to substitute the uncaring mobility and detachment that
prevails.
The next chapter asks whether it is still possible to protect wilderness today.
Anne Venton notes that despite the fact that parks were protected in many parts of
the world, today the situation is not so positive. She cites some who see the impending approach of an “environmental rights revolution,” which would include the constitutional right to a healthy environment. The growing public awareness of climate
change recently resent in most parts of the world is a case in point, which permits us
to hold a moderately optimistic outlook.
The last chapter in Part III considers what we can learn from science, specifically
quantum mechanics. Orsolya Banyai argues that the resent laws are “not consistent
with the fundamental law and principles” that direct the functioning of the universe.
Too many of the planetary boundaries have been transgressed: climate change,
losses of biodiversity are clear indications. But she cites the existence of the Great
Jurisprudence, which transcends even the approach proposed by natural law, while
both in fact also correspond to some Eastern classic theories, regarding the universe.
These “higher rules” beyond human laws are what is needed to correct present legal
regimes.
Part IV returns to the role of earth science. Jakub Zelený proposes a land-based
approach to ecological integrity, which represents a wonderful addition to the way
we have been understanding both biological (single organism) and ecological (general) integrity. In Canada, we started from the 1972 Clean Water Act, so that water
Preface