Exploring the ecocentric foundation of 'in dubio pro natura'

Welcome to this week's edition of Legal Wednesday, which comes to you from the United Nations in Geneva, where I am attending the 60th anniversary of UNCTAD - more on that in the coming days. In today's newsletter we look at the principle of 'in dubio pro natura', a Latin phrase that translates as 'when in doubt, for nature'. This principle is gaining ground in environmental law as a means of prioritising environmental protection in the face of legal uncertainty.

Although environmental and climate change cases are increasingly in the headlines, our Western-centric law is actually based on economic rather than environmental principles. Thus, concepts such as 'in dubio pro natura' are increasingly helping to shift the law towards better protection of nature.

What is ‘in dubio pro natura’?

In dubio pro natura is a legal principle that argues in favour of protecting the environment when there is uncertainty about legal interpretation or factual matters relating to environmental issues. It suggests that in cases of doubt, decisions should favour the protection and conservation of nature.

This principle has its roots in both international and national legal systems and emerged in response to the growing recognition of the intrinsic value of the environment and the need to protect it from exploitation and degradation. It is similar to the precautionary principle, which calls for preventive action in the face of uncertainty in order to avoid damage to the environment.

The origins of the 'in dubio pro natura' principle

The principle of 'in dubio pro natura' has evolved from a combination of legal doctrine, international environmental policy and philosophical shifts towards the recognition of the intrinsic value of nature. While it has no single point of origin, its development can be traced through several key milestones in environmental law and policy.

One of the most important predecessors of 'in dubio pro natura' is the precautionary principle. Emerging in the 1970s and gaining prominence in the 1992 Rio Declaration on the Environment and Development, the precautionary principle asserts that the absence of complete scientific certainty should not be used as a reason for postponing action to prevent environmental degradation. This principle laid the foundation for 'in dubio pro natura' by emphasising caution and preventive action in the face of uncertainty.

The growing recognition of the intrinsic value of nature, as articulated by environmental philosophers and ethicists, has significantly influenced the development of 'in dubio pro natura'. Ecocentric philosophy, which emphasises the intrinsic value of all living beings and ecosystems, underpins the rationale for prioritising environmental protection in the face of uncertainty.

The ecocentric nature of 'in dubio pro natura

The principle of 'in dubio pro natura' is fundamentally ecocentric, that is, it places ecological concerns at the centre of legal considerations, rather than viewing nature solely as a resource for human use. There are several ways in which this principle embodies an ecocentric perspective:

1. The intrinsic value of nature: in dubio pro natura recognises that nature has intrinsic value beyond its utility to humans. This shifts the legal focus from anthropocentric (human-centred) to ecocentric (nature-centred) values, recognising that ecosystems, species and natural processes deserve protection for their own sake.
2. Holistic approach: by advocating the protection of nature in situations of uncertainty, the principle promotes a holistic view of environmental health. It supports the idea that ecosystems are interconnected and that harm to one part can affect the whole, thus encouraging broader ecological considerations in legal decisions.
3. Intergenerational equity: This principle is also consistent with the concept of intergenerational equity, which ensures that future generations inherit a healthy environment. By erring on the side of caution in environmental law, in dubio pro natura helps to safeguard natural resources and biodiversity for the future.

In dubio pro natura' and the environmental rule of law

Recognising the principle of 'in dubio pro natura' is a crucial step in establishing the environmental rule of law. This principle has been applied by the judiciary in interpreting constitutional and statutory provisions and in shifting the burden of proof in environmental disputes, thereby enhancing the effectiveness of environmental laws in protecting the environment.

The application of the in dubio pro natura principle can significantly strengthen environmental protection efforts in a number of ways. For example, in dubio pro natura can contribute to greater corporate accountability by holding companies to higher environmental standards. In addition, legislators and regulators can use the principle to design policies that err on the side of caution. Courts can invoke the in dubio pro natura principle to resolve ambiguities in environmental law in favour of nature. This can lead to more consistent and environmentally friendly legal outcomes and set important precedents for future cases.

Conclusion

In dubio pro natura represents a significant shift towards an ecocentric legal framework that prioritises the protection of nature in the face of uncertainty. By upholding the intrinsic value of the environment and promoting a holistic, precautionary approach, this principle plays a crucial role in advancing sustainable and equitable environmental governance.

As environmental challenges continue to escalate globally, principles such as 'in dubio pro natura' will be essential in ensuring that legal systems adequately protect the natural world for present and future generations.

Stay tuned for more insights and analysis in upcoming newsletters and posts.

Warm regards,

Léa Weimann

#LegalWednesday #LeaWeimann #InDubioProNatura #UN #EnvironmentalLaw #ClimateLaw #EnvironmentalRuleofLaw #EcocentricLaw #IntergenerationalEquity #ClimateChange

References:

Baldin, S. and De Vido, S., 2022. The In Dubio Pro Natura Principle: An Attempt of A Comprehensive Legal Reconstruction. Available at SSRN 4313438.

Bryner, N., 2015. 4.1 Applying the Principle In Dubio Pro Natura for Enforcement of Environmental Law. Rule of Law: Trends from the Americas, p.166.

Photo by ANGELA BENITO on Unsplash