The Legal Status of Natural Objects in the Legislation of Russia and Foreign Countries: Subjective Rights or a Legal Regime?

Abstract

The deterioration of the environment on a global scale suggests that it does not stem from individual shortcomings of international or national legislation. The authors prove that the cause of these problems lies in the plane of environmental ethics and philosophy. The anthropocentric concept of interaction between Nature and society which prevails in most countries assumes that the main goal of economic or other activities is to ensure human interests. Nature protection tasks are limited to regulating emissions and discharges, the totality of which should not negatively affect human health. The interests of other living beings are poorly considered, which aggravates the global ecological crisis. The article discusses the ecocentric approach used by Latin American states, wherein Nature is granted a number of rights, and man is recognized only as a part of it. Implemented in legislation, this idea can mitigate the environmental crisis by taking into account all ecosystem links. This strategy has already been partially implemented in the Ramsar Convention (1971) on Wetlands. If continued, it will make it possible to change the legal regulation of environmental standards, environmental control, the establishment of specially protected natural territories, and many other areas. The authors suggest a strategy of transfer to a new system of environmental requirements and making the Russian legislation more environmentally focused.