12/0850/1703Ethics and the Environmental Revolution

12/0850/1703

Lecturer: Ms. Kamadyah Young

The environment is where we all meet; where all have a mutual interest; it is the one thing all of us share.Lady Bird Johnson

Table of Contents Page1. Acknowledgment 42. Introduction 53. Chapter one: The Beginning of the Environmental Revolution. 74. Chapter Two: Effects of the Environmental Revolution 95. Chapter Three: Was there a global shift from Anthropocentrism to Ecocentrism? 126. Chapter Four: Impact on environmental law: Treaties and conventions 187. Conclusion: A Shift in Values. 218. Bibliography 23- 25

Acknowledgment is given to Ms. Kamadyah Young for her guidance, and to Ms. Arti Outar for her valuable input and provision of information.

IntroductionThe very nature of this discourse requires a definition or an interpretation of what the environment is. Ordinarily, the definition of the environment would be the conditions that surround someone or something.[footnoteRef:1]. This definition however, is rather general and the challenge arises when defining the term in a legal context. For the purposes of lawmaking, the term must be given a more specific meaning whilst considering the ethical relationship of human beings to the environment and the value of the environment excluding the human element. Some definitions are centered on the human element (anthropocentric definitions) while others omit it completely (ecocentric definitions). The three following examples illustrate this situation: [1: Environment Merriam-Webster, An Encyclopaedia Britannica Company October 7, 2014]

All, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.[footnoteRef:2] [2: Environmental Protection Act (UK) 1990, s1.]

This definition from the Environmental Protection Act 1990, other than making reference to man- made structures, excludes humans.

The combination of elements whose complex interrelationships make up the settings, the surroundings and the conditions of the life of the individual and of society, as they are or as they are felt.[footnoteRef:3] [3: European Commission, First Environmental Action Programme 1973-1976; see A. Gilpin (1996) Dictionary of Environment and Sustainable Development, Chichester: Wiley.]

This definition by the European Commission is centered on humans and their perception of their surroundings.

surroundings in which an organization operates, including air, water, land, natural resources, flora, fauna, humans and their interrelation. Surroundings in this context extend from within the organization to the global system.[footnoteRef:4] [4: Environmental Management Standard ISO 14001]

This is a more balanced definition where humans are included, but are not the central element of the environment.The difficulties that arise when defining the term have far reaching effects, and are evident when attempts are made to draft environmental legislation and so it must be noted that it is equally important to look at the term environmental law. It is argued that the parameters of the subject are not particularly well defined[footnoteRef:5] or distinguishable because other, longstanding areas of law such as Criminal Law, Tort Law, Contract law and the like have, over the years, established principles and reasoning processes through the application and interpretation of subject- specific laws and policy in decision making, and through cases in the courts[footnoteRef:6]. Arguably, Environmental law has not made significant strides in a similar direction. [5: Z Plater (1999) 23 Harvard Envtl L Rev 359, and R. Lazarus (1999) 23 Harvard Entl L Rev 327] [6: Bell, Stuart; McGillivray Donald; Pederson W. Ole. Environmental Law 8th Edtn. Oxford University Press, Great Clarendon St., UK. Pg. 11]

The era we know as the Industrial Revolution (1760- 1850) was an interval in time where there were pivotal changes in the areas of Agriculture, textile and the manufacture of metals, transportation, economic policies and further, the social structure in England, where it began. These changes signified advances in agricultural (and other) techniques, industrial organization and new technology, which resulted in conditions of increased production, efficiency, profits and domestic and foreign commerce[footnoteRef:7]. It also resulted in pollution of every form and since these activities were largely unregulated, pollution and elements that destroyed the environment proliferated. It can be thus inferred that laws seeking to regulate current and longstanding modes of production processes, and perhaps consequently impede economic expansion specifically, would be met with fierce opposition, especially from developed countries. [7: Montagna A. Joseph, The Industrial Revolution Yale - New Haven Teachers Institute. 22nd October 2014.]

The objective of this paper is to examine the motivation behind the environmental revolution that is currently taking place, the modern revolution having begun in the 1960s, its effect on the laws that currently exist, and by extension, humans.Chapter One:The Beginning of the Environmental RevolutionEverything is relative in this world, where change alone endures.Leon Trotsky

The Environmental Revolution was the beginning of an era in which awareness of the importance of the environment to human survival became heightened. This was attributable to several catastrophes (of both natural and man made order), discoveries and development, and through literature. The Revolution can be said to have started on a small scale in the nineteenth century with the Formation of the Sierra Club, one of the first large scale Environmental Movements in the world, by Robert Underwood Johnson and John Muir in 1892,[footnoteRef:8] and with the publication of Henry David Thoreaus Walden. However, the worldwide awareness that sparked the international revolution can be attributed to several things including the Space Age when NASA released the first images of earth, which put the earths fragility into perspective; The Great Acceleration where scientists recognized a correlation between the globalization of environmental issues and an sharp increase in the worlds population and economic activities; Acid rain in the latter part of the twentieth century; the discovery of the hole in the ozone layer, preceded by the discovery of Chlorofluorocarbons (CFCs) by Thomas Midgley (It is said that Midgley has had the most significant impact on the atmosphere than any single organism); The discovery of the impact of Greenhouse gases on the atmosphere and the results of the Keeling Curve which shows the correlation of atmospheric carbon dioxide levels and global warming[footnoteRef:9]. [8: Hall, Jeremiah History of the Environmental Movement < http://www.mtmultipleuse.org/endangered/esahistory.htm> Accessed November 9th, 2014] [9: Dr. Ooesthoek, Jan, University of Newcastle, UK The 20th Century: The Great Acceleration and Environmental Globalization. Environmental History Resources. 8th November, 2014 < http://www.eh-resources.org/timeline/timeline_20c.html>]

Perhaps the most influential factor that raised awareness, reaching into households and evoking a change in perspectives of a younger generation during that time, was literature. Rachel Carsons book, Silent Spring, is one of the most influential pieces of literature ever written since Henry David Thoreaus Walden, written in the 19th century. In Silent Spring, Carson gave a powerful case for the idea that if humankind poisoned nature then nature would, in turn, poison humankind.[footnoteRef:10] This book harshly criticized the use of Dichlorodiphenyltrichloroethane (DDT), which, Carson, argued, apart from its use to kill bugs, enters the food chain, threatening bird and fish population and eventually sickening humans[footnoteRef:11]. She employed the public hysteria surrounding the mass effects of radiation during that time (1960s) to drive home her point about the dangers of pesticides by drawing a parallel between the nuclear fallout that was then a real possibility, and a new invisible, chemical threat of pesticides throughout her book[footnoteRef:12]. We are rightly appalled at the genetic effects of radiation, she wrote, How then, can we be indifferent to the same effect in chemicals that we disseminate widely in our environment.[footnoteRef:13] The Public responded as Rachel Carson had hoped and the Environmental Revolution gained momentum. [10: Griswold Eliza, How Silent Spring Ignited the Environmental Movement, The New York Times, September 21st, 2012] [11: Ibid.] [12: Ibid.] [13: Ibid.]

Chapter Two:Effects of the Environmental RevolutionWe have it in our power to begin the world over again.Thomas Paine

The scientific data and case studies that Rachel Carson used in her book were proven but not entirely new. It was, however, the first time that someone had presented this data in such a manner to the general public, drawing such severe and bleak conclusions. This method had the effect of influencing the ordinary man and woman to become suddenly aware of their presence, impact and dependency on the fragile environment. The Nun of Nature, as Rachel Carson was oft called, had a large number of hostile opponents, especially the manufacturers of pesticides, in particular,Dichlorodiphenyltrichloroethane (DDT). She is largely credited with the banning of the use of DDT for domestic use in the United States, which occurred eight years after her death, while China banned DDT in 2007 and India, the last manufacturer is steadily decreasing its production of the Pesticide.[footnoteRef:14]. The manufacturers and supporters of the use of DDT personally attacked Carson, calling her a communist sympathizer, among other things. Rachel Carson did, however, have some powerful supporters and allies including President of the United States, Richard Nixon who founded the Environmental Protection Agency in 1970 and President John F. Kennedy who, after the publication of her book, set up a Presidential Committee for the investigation of Pesticides[footnoteRef:15]. The book inspired the movement and many pro Environment Acts such as the Clean Air and Water Acts[footnoteRef:16]. [14: World Health Organization. DDT and its derivatives. Environmental Health Criteria. Geneva, Switzerland, 1979; Vol. 9] [15: Griswold Eliza, How Silent Spring Ignited the Environmental Movement, The New York Times, September 21st, 2012] [16: Environmental History Timeline, Sixties: 1960-69 < http://66.147.244.135/~enviror4/20th-century/sixties-1960-1969/> accessed 7th November 2014.]

Fifty years ago, the father of environmental ethics, Aldo Leopold, in his comprehensive essay The Land Ethic, pressed for the extension of ethics by humans to the land and to animals and plants that grow on it, calling it an ecological necessity[footnoteRef:17]. However, environmental ethics only began to gain support in the 1960s with the environmental revolution. The foundation of the non-governmental environmental organization, Greenpeace, is a particular case in point. It is perhaps, one of the most effective and well known, pro environmental organizations in existence. Greenpeace is known for its use of direct, yet effective action and also its influence upon both the public and private sectors. Greenpeace was founded in the late 1960s, after the Environmental Revolution had already begun, and as the Vietnam War escalated,[footnoteRef:18] and their first ever official activity was to peacefully protest and raise awareness of the adverse ecological effects of the then upcoming United States of America one megaton Nuclear Bomb test on Amchitka Island, in the Aleutian Islands. They were unsuccessful in halting the test but the subsequent nuclear bomb tests that were scheduled afterwards were cancelled, signaling the first official success of a Greenpeace pro environment activity. [17: Ibid.] [18: Weyler, Rex Greenpeace History; Chronology, the Founding of Greenpeace The Greenpeace book. < http://rexweyler.com/greenpeace/greenpeace-history/chronology/> Accessed 11th November 2014.]

The Organization has been one of the first to establish a sustainable development plan for the mitigation of climate change and has been credited with the increased awareness of climate change in the 1990s[footnoteRef:19]. Other notable Greenpeace reports are: The Kingsnorth Court case where activists were arrested for breaking into the Kingsnorth Power Station and causing damage. They were charged but were acquitted after arguing that they were legally justified because they were attempting to prevent climate change from causing greater damage to property worldwide[footnoteRef:20]. The New York Times mentioned the acquittal in their list of the most influential ideas of the year[footnoteRef:21]. [19: Marc Mormont & Christine Dasnoy Source strategies and the Mediatization of climate change. Media, Culture & Society, Vol. 17, No. 1, 4964 (1995)] [20: Ibid.] [21: Mingle, Jonathan (2008-12-14)."8th annual year in ideas Climate-Change Defense".New York Times.]

More recently, in 1991, there was the Brent Spar Saga in which Greenpeace played a prominent and again, effective role. The Brent Spar was a North Sea oil storage and tanker-loading buoy in the Brent Oilfield that was owned and operated by Shell UK. In 1991, the buoy was decommissioned and Shell decided to sink it to the bottom of the North Atlantic Ocean. This would have happened were it not for the controversy that was created by Greenpeace. In April 1995, Greenpeace activists climbed aboard the now decommissioned oil tanker and commenced three months of mounting protests[footnoteRef:22] during which, the awareness they raised influenced persons in Britain and elsewhere in Europe to boycott Shell products. One Shell Station was firebombed in Germany[footnoteRef:23]. Shell finally considered Greenpeaces classic conservationist approach of Recover, Recycle, Reuse and on the 29th of January, 1998, Shell announced that they would be dismantling the Brent Spar onshore to prevent any pollution and recycled as foundations for a new ferry terminal[footnoteRef:24]. The real success came, however, when in July 1998 all the Governments of the North East Atlantic Region reached a consensus to ban future dumping of steel built oil installations[footnoteRef:25]. This is certainly not the first or only legislation that Greenpeace activism has effected. Treaties, Regulations and Legislation that have been enacted and given effect as a result of the Environmental Revolution will be discussed in further detail in Chapter Four. [22: Kirby, Alex Brent Spars Long Saga Sci/Tech, BBC News, BBC Online Network. Published Wednesday, November 25th, 1998. 09:51 GMT.< http://news.bbc.co.uk/2/hi/science/nature/218527.stm> Accessed November 11th, 2014] [23: Ibid.] [24: "Brent Spar Gets Chop".BBC News, World, Europe, Brent Spar Gets Chop. 25 November 1998] [25: Kirby, Alex Brent Spars Long Saga Sci/Tech, BBC News, BBC Online Network. Published Wednesday, November 25th, 1998. 09:51 GMT.< http://news.bbc.co.uk/2/hi/science/nature/218527.stm> Accessed November 11th, 2014]

Chapter Three:Has there been a Global Shift from Anthropocentrism to EcocentrismThe greatest ethical test that we're ever going to face is the treatment of that which lie at our mercy.Lyn White

There has been, without a doubt, a general, worldwide increase of cognizance of the human impact on the environment. This awareness that can be attributed to the now apparent effects of long term, environmentally detrimental activities, as well as literature such as Silent Spring highlighting these activities. However, can it be said that humans have relinquished the longstanding notion that the environment exists solely for our benefit? Has there been a global shift from Anthropocentrism to Ecocentrism?Anthropocentrism and Ecocentrism are two dimensions to the understanding of the application and extension of ethics to nature. In the Anthropocentric dimension, nature merits moral consideration because if nature is affected, humans are affected.[footnoteRef:26]. The term Anthropocentrism was conceived in the 1860s (in the middle of the Darwinian Evolutionary theory controversy), to connote that humans are the center of the Universe. The Anthropocentric dimension considers humans to be the most important form of life, other life forms being only as important as the extent to which they affect humans. Conversely, in the Ecocentric dimension, nature is qualified for moral consideration because it has intrinsic value[footnoteRef:27]. The term Ecocentrism has its origin in the word biocentric which was, in 1913, coined by the American biochemist, Lawrence Henderson[footnoteRef:28]. His intention in coining this word was to illustrate that the Universe is the originator of life and that nature has its own value, separate and distinct from its usefulness to humans. [26: Kortenkamp, V. Katherine; Moore, F. Colleen, Ecocentrism and Anthropocentrism: Moral Reasoning about Ecological Commons Dilemma. Journal of Environmental Psychology (2001) 21, 000-000 2001 Academic Press. University of Wisconsin - Madison] [27: Ibid.] [28: Kortenkamp, V. Katherine; Moore, F. Colleen, Ecocentrism and Anthropocentrism: Moral Reasoning about Ecological Commons Dilemma. Journal of Environmental Psychology (2001) 21, 000-000 2001 Academic Press. University of Wisconsin - Madison]

The problem with these two dimensions or approaches is that the very application of either relies heavily on humans values, and human values are unmistakably subject to a variety of external factors which affect what a person considers to be important to him or her for whatever reason. The Royal Commission on Environmental Pollution (RCEP) in its twenty-first (21st) Report interpreted values to mean Beliefs, either individual or social, about what is important in life and thus about the ends or objectives which should govern and shape public policies.[footnoteRef:29] Theorists in various fields have placed emphasis on the importance of peoples value priorities in order to understand their decisions. American Psychologist, Gordon Allport, who was one of the first ever psychologists to focus on the study of the personality asserted that value priorities influence persons perception of reality[footnoteRef:30] and value priorities are, of course, influenced by knowledge. For example, a person who is ignorant of the fact that over-fertilizing city lawns has a negative impact on nearby waterways would not perceive lawn fertilization to be an ecological dilemma and therefore would not take the waterways into consideration when making decisions about applying fertilizer[footnoteRef:31]. [29: (1998) Setting Environmental Standards. C.m. 4053] [30: Rohan, J. Meg A Rose by Any Name? The Values Construct Personality and Psychology Review (2000) Vol. 4 No. 3, 255-277. School of Psychology, University of New South Wales] [31: Kortenkamp, V. Katherine; Moore, F. Colleen, Ecocentrism and Anthropocentrism: Moral Reasoning about Ecological Commons Dilemma. Journal of Environmental Psychology (2001) 21, 000-000 2001 Academic Press. University of Wisconsin - Madison]

In keeping with the analysis of what gives persons the impetus to fiercely protect the environment, forming groups like Greenpeace and tcktcktck[footnoteRef:32] (another organization dedicated to Environmental protection but rather less known than the former) in order to be effective in numbers, consideration must be given to the common values of the members and supporter of such organizations. Do they give genuine consideration to the Environment, placing value on the environment that is separate and distinct from its usefulness to humans? Or have these values been influenced by the realization that the worlds ecosystems are under an unplanned and unintended ecological attack, which, needless to say, would result in dire consequences for the human race? For example, the recent scientific discovery that the honeybee population is disappearing at an alarmingly rapid pace[footnoteRef:33]. Honeybee Colony Collapse Disorder (CCD)[footnoteRef:34] as this phenomenon has been called, has been attributed to global warming due to the use of pesticides and even cell phone towers etc. that cumulatively resulted in the Greenhouse Effect. Bees are responsible for over $30 billion a year in crops:[footnoteRef:35] A world without bees would struggle to sustain the global population and would cause widespread economic hardship. Greenpeace does have an ongoing Save the Bees project which would no doubt not be in motion were it not for the realization that bees are essential for human survival and economic integrity. [32: tcktcktck.org] [33: Hagopian, Joachim Death and Extinction of the Bees. Centre for Research on Globalization. U.S.A. < http://www.globalresearch.ca/death-and-extinction-of-the-bees/5375684> Accessed 11th November 2014] [34: Ibid.] [35: BBC Future: What would Happen if bees went extinct BBC Online Network. Published 4th March 2014. < http://www.bbc.com/future/story/20140502-what-if-bees-went-extinct> Accessed 11th May 2014]

The Greenhouse Effect, as illustrated by Klaus Bosselman in Interdependency of Global Problems,[footnoteRef:36] is one of a large number of interconnected environmental problems (Ozone depletion, acid rain, deforestation, specie extinction as land use patterns) as well as global problems (ethical, social, economic, political and cultural). Environmental Problems and Global Problems are considered by the World Commission on Environment and Development (WECD) to be one and the same in the 1987 Report of the Commission, which stated: [36: Taylor, Prue Ecological Approach to International Law: Responding to the Challenges of Climate Change Routledge, London, 1998. Pg 26]

Until recently, the planet was a large world in which human activities and their effects were neatly compartmentalized within nations, within sectors (energy, agriculture, trade), and within broad areas of concern (environmental, economic, social). These compartments have begun to dissolve. This applies in particular to the various global crises that have seized public concern, particularly over the last decade. These are not separate crises: An environmental crisis, a development crisis, an energy crisis. They are all one.[footnoteRef:37] [37: Drexhage, John. Murphy, Deborah (International Institute for Sustainable Development) Sustainable Development: From Bruntland to Rio 2012 Prepared September 2010, United Nations Headquarters, New York. < http://www.un.org/wcm/webdav/site/climatechange/shared/gsp/docs/GSP1-6_Background%20on%20Sustainable%20Devt.pdf> Accessed November 5th, 2014]

With the above statement, recognition of interdependence and interaction of the ecosystems, which make up the Earths biosphere, and the interconnectedness and fragile balance between humanitys activities and the earths biosphere[footnoteRef:38]. It is impossible to unlink humans from the environment, and therein lies another reason as to why the drafting of Environmental legislation is a difficult and lengthy process: How can humans determine whether humans are more or less important than a Rainforest or a natural waterway, specifically when humans benefit greatly from the activity that corrupts some ecosystem? The much-debated Gaia hypothesis, which was promoted by James Lovelock and Jane Margulis, conceptualized that mankind is a part of the planetary whole[footnoteRef:39]: [38: Taylor, Prue Ecological Approach to International Law: Responding to the Challenges of Climate Change Routledge, London, 1998. Pg 27] [39: Ibid. Pg. 27]

The {Gaia} Theory sees the evolution of the species of living organisms so closely coupled with the evolution of their physical and chemical environment that together they constitute a single and indivisible evolutionary process[footnoteRef:40] [40: Ibid Pg. 27]

Despite the fact that interdependency and interconnectedness is an ecological reality, the environment is treated as a mass of resources while the interests of other living organisms is largely ignored along with mankinds dependency on the environment. The anthropocentric- reductionist perspective of the world is a legacy of the cultural evolution of humanity, not the only one, but the dominating one[footnoteRef:41] and it can be traced to the morality theories of European Philosophers like Emmanuel Kant, Jeremy Bentham and John Stuart Mill. It is the Kantian theory that it is the conscious motive behind an act rather than the consequences of that act that is of primary importance when assessing the morality of the act[footnoteRef:42]. Jeremy Bentham and John Stuart Mill adopted a more utilitarian approach to morality where the consequence of an act (that is to say, the greatest good for the greatest number of people) was the measure of morality.[footnoteRef:43] In this regard, Environmental Degradation can be considered moral, per se. [41: Ibid Pg. 31] [42: Ibid Pg. 31] [43: Ibid. Pg. 31]

The consideration then, is whether a new environmental ethic is necessary, or do we simply need a better management strategy of our relationship with the environment? Experts have attempted to answer these questions with ethical theories that range between one extreme end of the spectrum (Anthropocentric theories) to the other extreme end (Ecocentric Theories). However, Ecocentrism seem to be more encompassing, concerning healthy relationships between all components of ecosystems. This theory promotes the protection of individual species, populations, habitats and ecosystems regardless of their importance to humanity[footnoteRef:44]. It aims to re-orient humans relationship with nature and balance human welfare with the welfare of nature. [44: Ibid. Pg. 35]

It is oft argued that it is quite difficult to reconcile the Ecocentric theory with meaningful social, legal and political practices. It is contended that it does not present criteria for action or a method of resolving conflicts[footnoteRef:45]. American Philosopher, J. Baird Callicot, who specializes in the area of environmental philosophy and ethics, in of the opinion that ecocentric ethics are not only a question of better rational arguments, but also the expression of a fundamentally changed attitude to nature.[footnoteRef:46] The reason for this changed attitude however, has less to do with a global realization of an epiphanic complexion that the environment has intrinsic value that is distinct from the value that humans place on it and more to do with mounting concern for human survival if humanity continues in the vein that it always has, from an environmental point of view. [45: Taylor, Prue Ecological Approach to International Law: Responding to the Challenges of Climate Change Routledge, London, 1998. Pg 38] [46: Ibid]

Nonetheless, can environmental goals not be achieved by strict legislation? The answer is undoubtedly, yes; much can be achieved with strict application of the law although limitations would exist. The question of what is good enough for the protection environment? will always be measured against human standards as it always has been, even if more consideration is being given to the value of the environment.There is much evidence to suggest that the anthropocentric approach has ushered the world into a state of environmental decline. As Professor of law at the Auckland University, and world renowned Environmental Lawyer, Klaus Bosselman stated, anthropocentric ethics are logically inconclusive due to the fact that there is no rationale behind the allocation of moral importance to humanity while withholding the same for non- human life. Bosselman contends, and perhaps rightly so: The fact that, even at the peak of the crisis for our survival, it (the anthropocentric reductionist view) is still dominant and that it controls all our concepts of political action, constitutes the real scandal.[footnoteRef:47] [47: Taylor, Prue Ecological Approach to International Law: Responding to the Challenges of Climate Change Routledge, London, 1998. Pg 31.]

Chapter Four: Impact of the Environmental Evolution on Environmental law: Treaties and ConventionsMore than ever before in human history, we share a common destiny. We can master it only if we face it together. And that is why we have the United Nations.Kofi Annan

The end of the second World War signaled a new age, the Nuclear Age, which raised the issue of deadly radiation pollution among the Environmentally conscious. Rachel Carson again addressed these fears in 1962 in her book Silent Spring when she compared the effects of nuclear warfare to the use of synthetic chemical pesticides. The Environmental Revolution in the 1960s triggered a global environmental vision that was previously virtually non-existent, with the exception of a few instances in earlier years. Tort law had historically provided the primary mechanism for remedying environmental harm. It was inadequate, however, because the Tort system does not always further the same objective that legislation intended to deal with environmental harm would. Tort law is supported by principles of corrective justice or compensation based on fault, and deterrence and the objective is to provide corrective justice through compensation to the injured individual and is not directly concerned with improving or correcting environmental conditions. Also, a harm of some type must have occurred and this is inappropriate to the preventative nature of environmental statutes and regulations.[footnoteRef:48] [48: Appel, Christopher E.; Latham, Mark; Schwartz E. Victor The Intersection of Tort and Environmental Law: Where the Twains Should Meet and Depart, 80 Fordham L. Rev. 737 (2011) Available at: ]

The Revolution in the 1960s, however, did not lose its momentum, and in 1972, the practical effects begun to emerge with the convening of the United Nations conference on the Human Environment in Stockholm. The final declaration of this momentous event contained nineteen principles[footnoteRef:49] that became the foundation for the new environmental agenda of the United Nations. The United Nations General Assembly, after this meeting, established The United Nations Environment Programme (UNEP), which steers the efforts of the United Nations on behalf of the Global Environment[footnoteRef:50]. Its current agenda is the environmental facets of disasters and conflicts, ecosystem management, environmental governance, harmful substances, resource efficiency, and climate change.[footnoteRef:51] [49: Declaration of the United Nations Conference on the Human Environment United Nations Environment Programme (UNEP), 16st June 1972< http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=97&ArticleID=1503&l=en>] [50: Environment Global Issues. United Nations Website< http://www.un.org/en/globalissues/environment/>] [51: Ibid]

Following this, in 1983, the then Secretary General of the United Nations invited Dr. Gro Harlem Brundtland, medical doctor, Master of public health and former Prime Minister of Norway to establish and Chair a World Commission on Environment and Development. The Commission published and presented a groundbreaking report titled Our Common Future[footnoteRef:52] which led to the convening of a United Nations conference in 1992 in to consider recommendations made in the Report. The Conference, held in Rio de Janeiro, was called the Earth Summit and was another landmark event. The Earth Summit adopted Agenda 21 of the Report, which was, in essence, a template for the protection of our planet and its sustainable development.[footnoteRef:53] To guarantee the full support for goals in Agenda 21, the United Nations established the Commission on Sustainable Development as a fully operating Commission on the Economic and Social Council of the United Nations. This Earth Summit also led to the adoption, by the UN of the Convention on Biological Diversity in 1992 and the UN Convention to Combat Desertification in countries experiencing serious drought and/ or desertification, particularly in Africa, in 1994.[footnoteRef:54] In the same year, 1994, a global conference was held in Barbados that set forth policies, actions and measures to promote sustainable development for these states. [52: Drexhage, John. Murphy, Deborah (International Institute for Sustainable Development) Sustainable Development: From Bruntland to Rio 2012 Prepared September 2010, United Nations Headquarters, New York.] [53: Environment Global Issues. United Nations Website< http://www.un.org/en/globalissues/environment/>] [54: Ibid]

There was another Earth Summit + 5 in 1997, the purpose of which was to review and appraise the implementation of Agenda 21. Sustainable development has been a prominent feature of most United Nations conferences, even being noted in the Millennium Development Goals at the Millennium Summit in New York in 2000 (Goal 7).[footnoteRef:55] [55: Ibid]

The Intergovernmental Panel on Climate Change (IPCC) which was established in 1988 by the UNEP and the World Meteorological Organization (WMO) has become the most important global source of scientific information regarding climate change and the main instrument regarding Climate Change, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted in 1992. The Kyoto Protocol sets binding targets for thirty-seven developed countries and the European Community for reducing gas emissions was adopted in 1997.In Johannesburg, South Africa, in 2002, the World Summit on Sustainable Development was held. Its purpose was to analyze achievements and bring to the forefront newer issues since the 1992 World Summit was held in Rio de Janeiro. Member States consented to Johannesburg Declaration on Sustainable Developmentand its plan of implementation.At the Earth Summit of 1992, it was accepted that financing for Agenda 21 would come from within each countrys public and private sectors. However, external funds were considered necessary to assist developing countries and economies in transition[footnoteRef:56]. To address this necessity, the Global Environment Facility (GEF) was established in 1991 to help countries fund projects that protect the global environment and promotes sustainable development. [56: Ibid]

To advance the ideal of sustainable development, the United Nations General Assembly has declared the period of 2005 to 2014 as the United Nations Decade of Education for Sustainable Development which the United Nations Educational, Scientific, and Cultural Organization (UNESCO) spearheads.

Conclusion:A Shift in Values.Generally, law focuses mainly on the relationship of the present to the past. Drafting Environmental legislation proves difficult because it must focus on issues of Climate change on a global scale, on relationships of present to the future. Prior to the Environmental Revolution in 1960, environmental law did not exist as a distinct international or domestic legal category because it drew from existing common law, the Western Constitutional tradition, and Civil law, Asian or Customary law.Modern Environmental law is essentially the outcome of environmentalism and it seeks to reconstruct humans relationship with nature. It is therefore a fundamentally different and new concept and its discontinuity with past legal traditions. Unlike the other traditional areas of law, the values that are supplemented by Environmental law do not necessarily enhance human dignity, human welfare, property protection or the maintenance of social order[footnoteRef:57]. [57: Tarlock, Dan A. Environmental laws and their Enforcement Vol 1 History of Environmental Law. Encyclopedia of Life Support Systems (EOLSS)< http://www.eolss.net/sample-chapters/c04/e4-21-01.pdf>]

Despite this, it can be said that Environmental law is an emerging, permanent body of law, the quintessence of which is its universal values. The shift in values is the foundation of this particular category of law.Studies and surveys done[footnoteRef:58] show considerable and encouraging evidence that a growing number of countries have widely adopted the core principles of Environmental law and many countries have made Environmental protection a political priority. As such, there is a general, international uniformity in the objectives and legal principles in domestic environmental law in recent times. Naturally, the calculation of what is the optimal level of environmental protection for a country, considering costs and benefits, will differ from the next. The issue is no longer whether there should be environmental protection at all: Environmental protection has become an important component of domestic legal systems in all developed and developing country and an evolving element on the international legal scene. [58: Ibid]

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Bell, Stuart; McGillivray Donald; Pederson W. Ole. Environmental Law 8th Edtn. Oxford University Press, Great Clarendon St., UK. Pg. 11 Taylor, Prue Ecological Approach to International Law: Responding to the Challenges of Climate Change Routledge, London, 1998. Pg 26

Encyclopedia and Dictionary: Environment Merriam-Webster, An Encyclopaedia Britannica Company October 7, 2014 European Commission, First Environmental Action Programme 1973-1976; see A. Gilpin (1996) Dictionary of Environment and Sustainable Development, Chichester: Wiley Tarlock, Dan A. Environmental laws and their Enforcement Vol 1 History of Environmental Law. Encyclopedia of Life Support Systems (EOLSS)< http://www.eolss.net/sample-chapters/c04/e4-21-01.pdf>

Journals and Articles: Appel, Christopher E.; Latham, Mark; Schwartz E. Victor The Intersection of Tort and Environmental Law: Where the Twains Should Meet and Depart, 80 Fordham L. Rev. 737 (2011) Available at: Drexhage, John. Murphy, Deborah (International Institute for Sustainable Development) Sustainable Development: From Bruntland to Rio 2012 Prepared September 2010, United Nations Headquarters, New York. < http://www.un.org/wcm/webdav/site/climatechange/shared/gsp/docs/GSP1-6_Background%20on%20Sustainable%20Devt.pdf> Environmental Management Standard ISO 14001 Kortenkamp, V. Katherine; Moore, F. Colleen, Ecocentrism and Anthropocentrism: Moral Reasoning about Ecological Commons Dilemma. Journal of Environmental Psychology (2001) 21, 000-000 2001 Academic Press. University of Wisconsin - Madison Marc Mormont & Christine Dasnoy Source strategies and the Mediatization of climate change. Media, Culture & Society, Vol. 17, No. 1, 4964 (1995) Rohan, J. Meg A Rose by Any Name? The Values Construct Personality and Psychology Review (2000) Vol. 4 No. 3, 255-277. School of Psychology, University of New South Wales (1998) Setting Environmental Standards. C.m. 4053 World Health Organization. DDT and its derivatives. Environmental Health Criteria. Geneva, Switzerland, 1979; Vol. 9 Z Plater (1999) 23 Harvard Envtl L Rev 359, and R. Lazarus (1999) 23 Harvard Entl L Rev 327

Newspaper Articles: Griswold Eliza, How Silent Spring Ignited the Environmental Movement, The New York Times, September 21st, 2012 Mingle, Jonathan (2008-12-14)."8th annual year in ideas Climate-Change Defense".New York Times.

Websites: "Brent Spar Gets Chop".BBC News, World, Europe, Brent Spar Gets Chop. 25 November 1998

BBC Future: What would Happen if bees went extinct BBC Online Network. Published 4th March 2014. < http://www.bbc.com/future/story/20140502-what-if-bees-went-extinct> Declaration of the United Nations Conference on the Human Environment United Nations Environment Programme (UNEP), 16st June 1972

Hagopian, Joachim Death and Extinction of the Bees. Centre for Research on Globalization. U.S.A. < http://www.globalresearch.ca/death-and-extinction-of-the-bees/5375684> Hall, Jeremiah History of the Environmental Movement < http://www.mtmultipleuse.org/endangered/esahistory.htm> Accessed November 9th, 2014 Dr. Ooesthoek, Jan, University of Newcastle, UK The 20th Century: The Great Acceleration and Environmental Globalization. Environmental History Resources. < http://www.eh-resources.org/timeline/timeline_20c.html> Environment Global Issues. United Nations Website< http://www.un.org/en/globalissues/environment/> Environmental History Timeline, Sixties: 1960-69 < http://66.147.244.135/~enviror4/20th-century/sixties-1960-1969/>. Kirby, Alex Brent Spars Long Saga Sci/Tech, BBC News, BBC Online Network. Published Wednesday, November 25th, 1998. 09:51 GMT.< http://news.bbc.co.uk/2/hi/science/nature/218527.stm> Montagna A. Joseph, The Industrial Revolution Yale - New Haven Teachers Institute. tcktcktck.org Weyler, Rex Greenpeace History; Chronology, the Founding of Greenpeace The Greenpeace book. < http://rexweyler.com/greenpeace/greenpeace-history/chronology/>

Other: Environmental Protection Act (UK) 1990, s1

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