INTRODUCTION

In 2002, the United States Court of Appeals, Tenth Circuit, had to balance the interest in protecting eagles and the interest in fostering and preserving Native American religion and culture (which entail use of eagle feathers). Concerning the first interest, the Court noted that it was supported not merely due to the scarcity of the birds, but rather due to the bald eagle's unique status as one of the enduring symbols of our nation: “The bald eagle would remain our national symbol whether there were 100 eagles or 100,000 eagles. The government's interest in preserving the species remains compelling in either situation.” In this particular case, the birds were granted legal protection not because they are threatened with extinction or because they contribute to the ecosystem, but because they embody a specific cultural value. This particular value might not be recognised in other countries, which venerate other animals or plant species as their national symbols. In other words, public interest in nature protection which overlaps with culture protection would have different content elsewhere.

So why does the law protect nature? As superfluous as this question seems, there is no simple answer to it. Indeed, healthy ecosystems clean water, purify the air, maintain soil, and regulate the climate. They also provide raw materials, food and other resources. However, in attempting to define nature protection as a public interest, one is always facing an odd paradox: nature is protected for its productive function, and at the same time, the ratio behind the law on nature protection is to keep it inso far as possible, intact and alone. Away from Man, that is. The cause of environmental degradation is deeply rooted in human culture. The more we use our nature, the less natural it is. Although nature is constantly changing, and was doing so even before the dawn of humanity, its rapid degradation in recent decades has pushed the legislators worldwide to impose considerable restrictions on human activities.

As a consequence, the corresponding public interest entailed in the national constitutions and legal acts regarding nature, or the environment as a broader category, is often two-fold, embracing both the use and protection of nature.