Abstract:
From the beginning, many philosophies intended to define the nature of
intimate relationship between human and the environment. Among them,
a higher recognition haw been given to Buddhism due to its empirical and
universally equitable vision towards the nature. As described in Kutadantha
Suthra, state has inalienable duty to protect all plants, animals and natural
resources for the best interest of the present and future generations. At present,
those duties are reflected through modern environment legal principals such as
state responsibility, sustainable development, as well as the inter generational
equity, which are currently guaranteed by various domestic and international
instruments. Also, according to Adhammika Suthra and Chakkawaththi
Sihanada Suthra, if countries are not governing in accordance with the law
of nature, everyone has to suffer from natural disasters and environmental
defects.
Also, the dharma deshana of Arahath Mahinda thero to King Dewanampiya
Thissa emphasized the role of the king as the trustee of the environment. This
thought has recently quoted by justice Weeramanthri in the case of Hungary
v. Slovakia,
In Sri Lanka too, number of legislations has been enacted to address
aforementioned legal principles. However, due to deficiency of the grass
rooted sociological mechanisms, their fruitfulness is somewhat problematic.
Therefore, on the basis of Buddhist teachings, it is necessary to build
autochthonous mechanism with full and effective participation of all citizens.
to protect all natural and environmental resources.
Therefore, analyzing the effectiveness of the Buddhist philosophy on Sri
Lankan and international environmental jurisprudence, and giving further
recommendations on its future developments is the main objective of this
research.
This research is the outcome of a field survey in combination with both
quantitative and qualitative research methods. The information was collected
from the general public by using questionnaires. The sample was chosen with
due regards to the variety of the age and the level of the education of the
interviewees. Information was also collected from legal professionals and
academics with expertise in Buddhist philosophy and environmental law. This research was limited to the Colombo area due to practical constraints. In
addition to the field research component, a number of books and journal articles
were used to gather secondary data on this research area. This research is
expected to be an effective foundation to analyze the effectiveness of Buddhist
philosophy in Sri Lankan and international environmental legal context.
