The Influence of Ecology on Environmental Law: Challenges to the Concept of Traditional Law

Abstract

Environmental law has emerged under the influence of ecology as a distinct branch of law. Indeed there is a co-evolution process between these two disciplines which rests on a common basis derived from the challenges what is described here as the ‘environmental problematic’ to the established relationships between human being and nature. This article evaluates the subject taking into consideration generally accepted facts and principles in ecology, whilst avoiding scientific details and discussions. Environmental law is also considered not in the sense of sector-based environmental legislation but in a general conceptual framework common for all countries and based on sociological as well as ethical aspects. In consequence the article underlines new themes which are not familiar in the traditional positive law concept. The influence of ecology on the aim, scope, approach, characteristics and concepts of environmental law, which are different from traditional concepts of law, are explained before reaching a conclusion. Although law and ecology are mainly reviewed the explanations also point out the significant role of other disciplines such as economics, politics and ethics.