A NEW CONCEPT OF THE PHILOSOPHY OF ENVIRONMENTAL LAW: REFLECTIONS ON THE REPORT OF THE UN SECRETARY GENERAL of 19 JULY 2017 «IN HARMONY WITH NATURE»

Author(s):  A.P. Anisimov, Dr., Prof., Volgograd Institute of management – branch of the Russian presidential Academy of national economy and public administration, Volgograd , Russia, anisimovap@mail.ru

Issue:  Volume 44, № 1

Rubric:  Actual Problems of Legal Regulation

Annotation:  Ongoing, every year the deterioration of the environment is caused not only by defects of legal regulation, as the rule of anthropocentrists philosophical models, constraining in nature conservation. A report of the UN Secretary-General "in harmony with nature"was sent to change this model. The Central message of the report was that human rights depended on the rights of Nature, and the implementation of the 2030 agenda for sustainable development depended on respect for the principles of living in harmony with Nature. The legal recognition of the inalienable rights of Nature translates the debate on environmental protection into a different field in which the issues of responsibility and sustainability are discussed. Today's environmental law (both Russian and foreign) has its roots in Western law and originates in religious anthropocentrism, Cartesian dualism, philosophical individualism and ethical utilitarianism, but in the current environmental era the accepted point of view has become outdated and counterproductive, although it still prevails in the process of development and interpretation of environmental legislation. The article considers the provisions of the report in the context of other political, legal and philosophical theories (animal rights, circular economy, etc.) and concludes that the provisions of the report of the UN Secretary-General do not just fit into the existing doctorates discussed by foreign scientific schools, but also represent a new program for their further development and improvement. Special attention is paid to the mechanism of implementation of the report in Russia, taking into account the prevailing mentality of the population and the state of the legal system.

Keywords:  nature, philosophy, law, United Nations, environmental consciousness, worldview, anthropocentrism

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