The Ebb and Flow of Ecocentrism in Environmental Law: From Global Aspiration to National Innovation

Abstract

Since its consolidation in the latter half of the 20th century, international environmental law has been marked by a persistent tension between two competing paradigms: anthropocentrism, which places human interests at the center of all value, and ecocentrism, which recognizes nature’s intrinsic value independent of its utility to humankind. This article posits that despite a notable, albeit transient, shift towards ecocentrism with the adoption of the 1982 World Charter for Nature, the trajectory of international environmental law, guided by the United Nations, has predominantly reverted to and csolidified a predominantly anthropocentric framework.
This restoration is evident in subsequent keystone instruments that prioritize sustainable development and human-centric climate objectives. To substantiate this claim, this paper employs a qualitative documentary analysis of foundational un environmental declarations. It first contrasts the anthropocentric principles of the 1972 Stockholm Declaration with the ecocentric vision of the 1982 World Charter. It then examines the Rio Declaration of 1992 to illustrate the subsequent return to a human-centered paradigm. However, the analysis reveals a compelling divergence: while international law has historically favored anthropocentrism, a counter-trend has emerged at the national level.
This article draws on Colombia’s constitutional jurisprudence as a case study, to demonstrate how domestic legal systems can pioneer robust ecocentric frameworks, thereby granting legal personhood to natural entities. This divergence indicates a growing disconnection between the established international legal order and innovative national approaches, marking a critical juncture in the evolution of global environmental governance.