Environmental law in different shades of green: from wilderness and green capitalism to environmental justice

What are the ideological foundations of modern environmental law? Building on Martinez-Alier’s typology, which distinguishes three main currents of environmentalism, this article examines the legal imprint of each on contemporary environmental law. First, it explores the “cult of wilderness”, understood as a commitment to pristine nature, a critique of anthropocentrism, and the promotion of environmental ethics. A range of legal instruments, most notably the growing recognition of the rights of nature, reflect this current by advancing non-anthropocentric values and protecting non-human species and ecosystems. Second, the article analyses “green capitalism”, which seeks to reconcile economic growth and sustainability through market-based regulation and technological innovation. The analysis suggests that this current—an eco-friendly capitalism grounded in regulated markets and incentives for green technologies—has exerted the greatest influence on environmental law to date. Finally, the article examines the “environmental justice” paradigm, which conceptualizes ecological problems primarily as social issues rooted in inequality. This perspective has received comparatively limited attention in legal systems. A notable exception is the growing incorporation of human rights language, not only in environmentalist discourse but increasingly within environmental law itself. The article concludes by highlighting several broader implications, including the dominance of the second current, particularly in European environmental law. While no definitive conclusions are drawn, the analysis aims to open avenues for further research. Understanding the ideological origins of environmental law may help clarify its future trajectories. In light of the current state of the biosphere, different ideological lenses may need to be foregrounded in the years to come.