Przyroda i jej elementy. Przedmiot ochrony prawnej czy podmioty prawa?

Abstract

Nature and its elements. Objects of legal protection or subjects of law? The article discusses the legal status of nature and its selected elements. The author confronts the achievements of legal thought with the postulates of strengthening nature protection by empowering some of its resources. The author discusses whether the current legal order, which undoubtedly treats nature and the environment as objects of legal protection, allows for treating nature (environment) and its elements as subjects of law. The foundations of the legal protection of the environment, including nature, are presented in the Environmental Protection Act of 2001 and the Nature Conservation Act of 2004. These acts formulate legal definitions of the environment, natural environment and nature protection, while at the same time indicating elements of nature or natural resources. On the one hand, it is possible to discuss comprehensive nature protection, and on the other hand, the protection of individual natural resources (environment). The legal status of individual natural resources is rather diverse. The legislator does not diversify the legal protection granted to individual natural resources. In this case, one may ask why only some natural elements should be entitled to subjectivity since even natural scientists refuse to differentiate the rank and significance of natural elements. The author puts forward the thesis that the ideas of giving specific natural resources subjectivity and even legal personality, which is supposed to promote their better protection, are not correlated with the applicable legal regulations. In addition, they express skepticism as to more effective protection through further organizational and legal forms.