Environmental Justice Theory Criticism

Justice is the value foundation of law, also is the legal ideal. Justiceis one of the most enduring topics in human political philosophy and legalphilosophy history.After rawls‘justice theory’ published, some environmental Juristsput forward many claims: environmental justice, environmental rights etc.But the environment law is given great expectations both in theory andpractice to bring people are disappointed. Environmental justice theory isin response to a global environmental crisis the background,environmental justice issues as the cornerstone of environment law field,the particularity of the problems to be solved urgently is the environmentproblems rather than social and economic fields’ distribution systemproblem.Environmental law is order to protect the public not privateinterest.Therefore, the realization of environmental justice should be andthe distribution of rawls justice into inverse diameter, if with positivethinking is the point of view of the distribution of rawls justice principleswill eventually produce adverse results. From the environmental justice in terms of content, The theory ofinter-species justice think nature and people with a common’s intrinsicvalue and the fear of life and natural body has interest to natural objectsfor requirements,and with “German civil code”90a “animal not things”provisions as animal rights legal basis. Yet no matter from theory orjudicial practice, inter-species justice cannot achieve.The theory of intergenerational justice raseon of generation the trustrelationship, rawls intergenerational contract theory and cross generationon the community, it is thought that the contemporary and futuregenerations should be equally enjoy natural resources. But whether thetrust relationship between generation generation or contract theory orcross generation community are fictional hypothesis, in the premise offiction and what can be deduced the actual future generations right? Also,the standardization of the international legal documents, declarations andcorresponding judicial practice cannot determine the establishment of theright to future generations. Therefore, no matter from theory and judicialpractice, or the intergenerational justice cannot achieve.The theory of environmental,justice base on rawls distributionjustice theory, the requirements in the domestic and international distribution of equality between environmental interests, and tries tothrough the environment right claim to realize environmental justice.Whether the UN declaration of human environment proposedenvironmental right, or the constitution and the basic law clearlystipulates that the environment right or scholars discussed theenvironmental right. Therefore, no matter from theory and judicialpractice, through the environment right claim, environmental justice isunable to realize.Conclusions: In the environmental law and environmental field, therealization of environmental justice can only rely on the human body,should reverse thinking Angle,follow the principle“General obligationsand common but differentiated responsibility”and the principle “An ableman is always busy”, fair equal distribution of obligations andresponsibilities in the domestic and international.The realization ofenvironmental justice should be based on environmental obligations asthe standard, all citizens (not including future generations and naturalobjects) to nature is responsible for environmental protection,responsibility and obligation.