Ecosystem Services as a Metaphor in Environmental Law: Balancing Intrinsic and Instrumental Values

Abstract

The ecosystem services concept is a useful tool in environmental law, as it allows nature to be considered on the same plane of comparison as proposed development. However, the concept has received significant criticism, with many critics arguing that nature should be valued for its intrinsic worth. This article synthesises the ethical objections to the ecosystem services concept, distinguishing objections to the concept itself, and objections to the commodification of nature. It considers how the concept has been used in Australian environmental law to date, drawing on examples from the coastal wetland context. It concludes that most applications have not involved commodification, and have incorporated notions of intrinsic value. It concludes with some observations for future progress in this field, considering how the ecosystem services concept can be balanced with concerns for respecting the intrinsic value of nature.