DIRE DAWA UNIVERSITY

SCHOOL OF LAW
Examining International Environmental Law Instruments
Towards their Values of Environmental Protection

Individual assignment of environmental law

Name: Lamrot Ermiyas
Id. no. 1104209
1/18/2022
Contents
Introduction .................................................................................................................................................. 1
Eco-centrism point of view ........................................................................................................................... 3
Examining international environmental law instruments ............................................................................ 4
Conclusion ..................................................................................................................................................... 9
Reference .................................................................................................................................................... 10
Introduction
The need for environmental protection is not questionable. In the last three decades international
environmental laws are coined and rectified by stats in order to overcome the problem facing
them like the previous times. In making the treaties stats are focused on an anthropocentric view
of environmental protection. There are many points of views of protection of environment. Most
of the time anthropocentrism is applicable and there are other point of views like eco-centrism
biocentrism… . the paper is going to examine an anthropocentric view and eco-centric views in
exclusion of others limited and precise manure. This paper mainly going to examine five
international agreements that have binding effect on rectified states. Those instruments are first;
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION (UNCCD), second;
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC),
third; THE ANTARCTIC TREATY WITH ITS PROTOCOL, fourth; UNITED NATIONS
CONFERENCE ON ENVIRONMENT & DEVELOPMENT RIO DE JANERIO, BRAZIL, 3
TO 14 JUNE 1992 AGENDA 21, and fifth; CONVENTION ON BIOLOGICAL DIVERSITY.
and in examining the paper will confined on some provisions and parts that have an explanatory
value on the issue that means the whole parties of the instruments is not going to be examined.
Anthropocentrism:

The view point of anthropocentrism towards environmental laws have dominant status at the
international level. Most international laws almost all framed based up on this point of view.
According to this point of view human being is the only decisive entity that controls the whole
surrounding environment. This thinking mainly emerged from western religions and developed
by many philosophies. Human beings are superior over other creations. Humans have a power to
exploit other creations for his life and survival because other entities are considered as resources
that exist to be exploited by humans. These resources include animals, plants, mines, minerals,
and other natural living and nonliving things1.

The root of anthropocentrism is traced by many ethicists. The root comes from judo-Christian
bible, there is rhetoric thinking that human being is created in image of god and the earth we live
1
“Anthropocentrism philosophy”, at <https://www.britannica.com/topic/anthropocentrism>. [ last assessed
January 15, 2022] [ hire in after: Anthropocentrism philosophy]

1|Page
is given to him to be manipulated in his discretion, human is dominant on all other creations.
There is a passage in book of genesis that found in judo- Christian bible that reads “humans are
created in the image of God and are instructed to “subdue” Earth and to “have dominion” over
all other living creatures” this passage is taken as indicator of human superiority on all other
creatures. According to this thought natural environment has value as far as environment has
benefit and usefulness to human kind. This thought is not only limited by Christian and Jewish’s
it also found under Aristotle political thinking, in Immanuel Kant’s moral philosophy2.

These anthropocentric view followers also support the so collected cornucopian thought that
provided problems that reputedly said are exaggerated and peoples are not considering the role of
technology to solve these problems and they are worrying much about limitations of resources
and population growth. Limitation of resources can be solved by ongoing growth of technologies
and by other emerging technologies. According to them no need of regulating the act of humans
ether through legal or moral values and any new coming problems can be solved by
technological creation of human kind3.

Other ethicists have different view from the above theologians and moral philosophers. They
suggest that human beings have moral duty to protect bio diversity and the environment because
there act may harm on the human beings that are creations of the god and harming the
environment and bio diversity and human beings is counted as disrespecting to goods creation.
The modern theologian and philosopher Holmes Rolston III added a say on this view point that is
“humans have a moral duty to protect biodiversity because failure to do so would show
disrespect to God’s creation”4.

There was a conservationist prior to emergence of ethicists as a major discipline one of the major
conservationists was Aldo Leopold, he argued that the natural world has an intrinsic value and he
is one of the thinkers that reject exploitive valuation of natural resource and over-all
environment. In 1970s ethicists challenge anthropocentrism followers by providing to
arguments; they questioned that should humans considered as superior on other creatures and
also they provide a suggestion that natural environment may possess intrinsic values like human

2
Anthropocentrism philosophy.
3
Anthropocentrism philosophy.
4
Anthropocentrism philosophy.

2|Page
beings and they consider human being as one integral part of environment but not a superior
organ on the environment. And the new coming thought that is eco-centrism consider
environment as a valuable thing that needs to be protected by human being regard less of its
usefulness for human being and possibility of exploitation5.

The views of anthropocentrism have its own value and impact on the environment. There are
about three views regarding anthropocentrism; strong view of anthropocentrism and week view
towards anthropocentrism feminist view of anthropocentrism. Strong anthropocentric view
followers presuppose human benefit and advantage that gained from protection the environment
to protect the environment. Week anthropocentric view followers say that we owe an obligation
to humans to protect the environment because of this we are supposed to protect the environment
not for sustenance of the environment itself the main Couse the environment should be protected
is because of obligation we owe to human binges. On the other hand feminist view towards
protection of environment provide that “we feminists” when we challenge the wrong of mans at
the same time we are protecting the environment. Mans are committing wrong on the
environment degrading it polluting it as they done on their women families like there wife there
sisters… so when we challenge this practice of man we are also challenging the degradation of
the environment. This view considered as anthropocentric because its initiation and intention of
protection is based on women since womens are part of human person; we consider this view as
anthropocentric6.

anthropocentrism is strongly opposed by our arguments They say seeing environment inferior to
humanity is equal to seeing women’s, colonial subjects, non-weight populations as inferior. mans
call the environment as women and by their tradition to oppress there wife daughters, sisters
they again go out and do wrong things on the environment. As far as all humans are equal the
anthropocentric view also must be challenged in an equal manner without entitling mans a
superior status than women’s. They say when we challenge superiority of means we also
challenging the wrong doings on the environment7.

Eco-centrism point of view:

5
Anthropocentrism philosophy.
6
Abiy Demesi, theories of environmental problems, Lecture delivered at the School of Law, Dire Dawa
university, January, 2022 [ hire in after: Abiy Demesi, theories of environmental problems]
7
Abiy Demesi, theories of environmental problems.

3|Page
This view sees the ecosphere as a component that comprises all elements and components of the
environment and in line of this view intrinsic value in ecosystem are recognized. All physical
and biological components are recognized. This type of view even say that the need of human
being is secondary in equal status with other speciousness and other elements of eco system in
time of conflict of interest with humans and the health of the Earth as a whole or any of its
ecosystems. Eco-centrism focuses on ecological justice rather than focusing only on human
centered natural justice. If we discuss this much about these two ideologies, let as going to
examine some international instruments whether they support anthropocentric view or eco
centric view8.

Eco-centrists consider all creations as valuable regardless of their nature of abiotic, biotic,
microorganism macro organisms all things found surrounding as has to be considered as valuable
and should be protected. This view is strongly an antagonistic with the view of anthropocentrism.
We can achieve this protection of the environment in implementing sustainable development
goals. Sustainable development as four elements that needs to be protection without being week
in all and without favoring to one of its goals. Those goals are sustaining social cultural and
economic developments and environmental protection at a time9.

Examining international environmental law instruments

When we see UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION

(UNCCD) , starts its opening in part of causes that take states to agreement, provide that
“Affirming that human beings in affected or threatened areas are at the center of concerns to
combat desertification and mitigate the effects of drought”, this statement make human beings
central concern to combat desertification. This is relied on anthropocentrism. Desertification is
the result of wrong doing of humans, but still the concern of combating desertification is to
protect humans rather if international community shall combat the act of human binges to protect

8
Why eco-centrism is the key pathway to sustainability, at <www.essrc.unsw.edu.au/news/why-ecocentrism-key-
pathway-sustainabilit. [ last assed January 17, 2022]
9
Abiy Demesi, source of environmental law under domestic laws of Ethiopia, Lecture delivered at the School of
Law, Dire Dawa university, December 30 2021

4|Page
the environment because still the victim is the environment, humans are collecting the fruits of
their wrong activity10.

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE under

Article 3/1/ provide that:

“The Parties should protect the climate system for the benefit of present and
future generations of humankind, on the basis of equity and in accordance with
their common but differentiated responsibilities and respective capabilities.
Accordingly, the developed country Parties should take the lead in combating
climate change and the adverse effects thereof11.”

This article clearly an anthropocentric provision. Protection of climate system for the sake of
present and future generation of human kind not for protecting the environment without
considering the benefit of human being. From this provision we can understand that parties to the
convention are protecting environment for their present and future benefit this is one of the view
point of strong anthropocentrism.

The Antarctic treaty Even if it signed and start to be effective on 1961 it express the rail sense of
anthropocentrism. Humans are engaged in protection of environment in making there central benefit. The
Antarctic treaty with its protocol, PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE
ANTARCTIC TREATY, provides that protecting Antarctica is mainly to attain peace and order and
making scientific works in the world for the benefit of human kind. This can be understood in reading of
its preamble paragraph two which reads as followed:

10
united nations convention to combat desertification, 1994, at,
<https://en.m.wikipedia.org/wiki/United_Nations_Convention_to_Combat_Desertification.>

11
united nations framework convention on climate change, 1992, at
https://en.m.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change.

5|Page
“ Recognizing that it is in the interest of all mankind that Antarctica shall continue forever to be
used exclusively for peaceful purposes and shall not become the scene or object of international
discord .”
12

The protocol under article 2 in its objective part provides that:

“The Parties commit themselves to the comprehensive protection of the Antarctic environment
and dependent and associated ecosystems and hereby designate Antarctica as a natural reserve,
devoted to peace and science”13.

This provision looks like adopt an anthropocentric view, because the central aim of protecting
the environment is to protect peace and order of the world for the benefit of human being in the
aspect of peace and order. This protocol provides protection of that environment from powerful
hands of super powers of military blocks and for purpose of using it for scientific purpose and
not from environmental degradations. This is highly anthropocentric view. Those stats are
worried about their peace and order and there science development only not for degradation of
that part of the environment.

UNITED NATIONS CONFERENCE ON ENVIRONMENT & DEVELOPMENT RIO DE

JANERIO, BRAZIL, 3 TO 14 JUNE 1992 AGENDA 21 even if it has no binding status it carry
a strong moral influence and obligation for stats to ensure that they have full and effective
implementation. This agenda 21 under its preamble 1.1 provides that:

“Humanity stands at a defining moment in history. We are confronted with a

perpetuation of disparities between and within nations, a worsening of poverty,
hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems
on which we depend for our well - being. However, integration of environment
and development concerns and greater attention to them will lead to the
fulfillment of basic needs, improved living standards for all, better protected and
12
Antarctic treaty system, 1961, at <https://en.m.wikipedia.org/wiki/Antarctic_Treaty_System.> [ last assed
January 17, 2022]
13
Protocol on enviromrntal protection to Antarctic treaty, 1991, at
<https://en.m.wikipedia.org/wiki/Protocol_on_Environmental_Protection_to_the_Antarctic_Treaty.> [ last assed
January 17, 2022]

6|Page
 managed ecosystems and a safer, more prosperous future. No nation can achieve
this on its own; but together we can -in a global partnership for sustainable
development. International cooperation to accelerate sustainable development in
developing countries and related domestic policies14.”

Since this provision is provided in a thinking of sustainable development it can be called

as eco-centric. Because it try to strike balance between four basic variables in attaining
development. Cultural development, economic development, social development,
environmental protection. This provision indicates that this agenda 21 is designed to
attain sustainable development. This future makes it an exemplary for eco-centric view in
protectecting the environment.

CONVENTION ON BIOLOGICAL DIVERSITY that formed in 1992 provides also non

anthropocentric view point towards environmental protection. The convention under its
opening preamble paragraph one provides the statement that expresses this point of view.
The stamen is provided as follows:

“Conscious of the intrinsic value of biological diversity and of the ecological, genetic,
social, economic, scientific, educational, cultural, recreational and aesthetics values of
biological diversity and its components15.”

Bio diversity is one component of the environment and in protecting this specific
component of environment the convention provides protecting this component is not
limited on the interest of human being and also not only for sustenance of biodiversity
only. It incorporate many values that needs to be protected side by side with biodiversity.
Is has many components under this. Ecological, genetic, social, economic, scientific,
educational, cultural, and recreational and aesthetics values of biological diversity and its
14
United Nations Conference on Environment & Development, 1992 at
<https://en.m.wikipedia.org/wiki/Earth_Summit> [ last assed January 17, 2022]

15
Convention on biological diversity,1992, at
<https://en.m.wikipedia.org/wiki/Convention_on_Biological_Diversity.> [ last assed January 17, 2022]

7|Page
components are going to be protected under this convention. This convention is not in the
view of Nether biocentrism and anthropocentric. Rather it is eco centric view. It seems
bio centric when we see its nomenclature but its real sense is an eco-centric because in
protecting biodiversity one specific component of environment like other conventions
provided for protection of climate change, pollution it proved many protected values that
attain the requirement of sustainable development. So, it can be purely an example for
eco centric view point of formulation of treaties that aimed at protecting the environment
itself without considering human benefit or without giving higher status for one value or
component of the environment.

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Conclusion
The paper tries to analyze and give some explanation and overview on views towards
environmental protection. The paper also analyze and examine some international instruments in
there value of protection of the environment. Anthropocentric view is most of the time in most

treaties and international instruments implemented. This view may have some problem on
effeteness of the protection provided. Anthropocentrism and eco-centrism views are an
antagonistic and quite different thinking, the first one is human interest based and the second one
is inclusive and not favor for any value of the environmental protection it sees humans and other
components of the environment. In this paper many international instruments ate examined,
UNITED NATIONS CONVENTION TO COMBAT DESERTIFICATION (UNCCD), UNITED
NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE (UNFCCC), THE
ANTARCTIC TREATY WITH ITS PROTOCOL, these three instruments are found that formed
on the base of anthropocentric view. They have huge impact in the way which environmental
problems are understood by world community and stats. It has negative impacts on effectiveness
of the environmental protection.

On the other hand there are other instruments that have eco-centric view towards environmental
protection. Those instruments that examined under this paper are: UNITED NATIONS
CONFERENCE ON ENVIRONMENT & DEVELOPMENT RIO DE JANERIO, BRAZIL, 3
TO 14 JUNE 1992 AGENDA 21, and CONVENTION ON BIOLOGICAL DIVERSITY. The
author of this paper supports the eco-centric view and its toll of achievement of protection and
development that is sustainable development. Because this point of view give a great dill for all
components of the environment and for all values. Through implementation of sustainable
development all values of environment can be effectively protected. Most international
instruments implement an anthropocentric view but it seems implementing this point of view
Couse ineffectiveness of works of protection of the environment. So, the writer recommends
implementation of eco-centric view point

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Reference

 “Anthropocentrism philosophy”, at
<https://www.britannica.com/topic/anthropocentrism>. [ last assessed January 15, 2022]
[ hire in after: Anthropocentrism philosophy]
 Abiy Demesi, theories of environmental problems, Lecture delivered at the School of
Law, Dire Dawa university, January, 2022
 Convention on biological diversity,1992, at
<https://en.m.wikipedia.org/wiki/Convention_on_Biological_Diversity.> [ last assed
January 17, 2022]

 United Nations Conference on Environment & Development, 1992 at

<https://en.m.wikipedia.org/wiki/Earth_Summit> [ last assed January 17, 2022]

 Protocol on enviromrntal protection to Antarctic treaty, 1991, at

<https://en.m.wikipedia.org/wiki/Protocol_on_Environmental_Protection_to_the_Anta
rctic_Treaty.> [ last assed January 17, 2022]

 Antarctic treaty system, 1961, at

<https://en.m.wikipedia.org/wiki/Antarctic_Treaty_System.> [ last assed January 17,
2022]

 united nations framework convention on climate change, 1992, at

https://en.m.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_
Change.

 united nations convention to combat desertification, 1994, at,

<https://en.m.wikipedia.org/wiki/United_Nations_Convention_to_Combat_Desertificati
on

 Why eco-centrism is the key pathway to sustainability, at

<www.essrc.unsw.edu.au/news/why-ecocentrism-key-pathway-sustainabilit. [ last assed
January 17, 2022]

 Abiy Demesi, source of environmental law under domestic laws of Ethiopia, Lecture
delivered at the School of Law, Dire Dawa university, December 30 2021

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