The Role of Legal Principles for Environmental Management

Author(s):  
Massimiliano Montini
Author(s):  
Mary Donnelly ◽  
Jessica Berg

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.


1993 ◽  
Vol 37 (2) ◽  
pp. 109-143 ◽  
Author(s):  
Benjamin J. Richardson

The development of strategies for the conservation and wise use of wetlands in Uganda is significant for what it reveals about how law contributes to the sustainable management of natural resources in poor countries in general. The highly inter-disciplinary and cross-sectoral management requirements of wetlands make this issue one of the most challenging, and wetlands constitute today the single most important environmental issue being addressed by the Ugandan government. As part of this effort, the legal frameworks for property rights and local government are being overhauled so as to provide a sounder basis for environmental management in this field. This article analyses the Ugandan approach to wetlands management and the role of property rights and local government in the environmental policy-making process.


Lex Russica ◽  
2019 ◽  
pp. 121-128 ◽  
Author(s):  
M. N. Maleina

The use of modern genomic technologies, along with the benefits to the man and society, can lead to negative consequences. Such risks exist both in the process and after the production, isolation, modification, storage of DNA. Prior to detailed legislative regulation of relations regarding the use of genomic technologies for medicinal purposes and not for medical reasons, legal principles become vital.The paper formulates the following basic legal principles of genomic technologies application: the principle of preventive actions of the state to protect citizens from the risks of using genomic technologies; the principle of preserving the human genome as a special species; the principle of guaranteeing the inviolability of the individual of every citizen when using genomic technologies; the principle of priority of life and health of citizens over the interests of science and society; the principle of equality of citizens regardless of genetic characteristics; the principle of protection of genetic information of every citizen as part of personal data; the principle of guaranteeing access to the citizen’s own genetic information. Legal principles can be used to resolve a dispute by analogy of law.


Author(s):  
E. Voronin

Facts backed up by documents and contemporary testimonies must serve as a basis for the consequencies of the events of 1917, as a verification of any impartial estimation and indiscriminate view on the most brutal revolt in history, and its consequences.The Russian society needs an impartial, just and deep analysis of these events. Foremost this would require a clear civilised understanding of the real essence of any coup d’etat, whatever name it takes (revolution, classjustified struggle, etc) and whatever banners it bears in history, and whatever propaganda and ideological falcifications determine it.The Constitution of any state ruled by law acknowledges any evolution in the development of the sociaty based on legal principles. Any change of institutes or social system in a state can be realised through the force of laws, which comply with the public expression of will (referendum). In national legislation of the present-day states there are no norms, which establish revolutionary convulsions as legal, which are based on illegitimate take-over with the use of force.


2020 ◽  
Vol 79 (4) ◽  
pp. 48-53
Author(s):  
Д. А. Сорочан

The negative socio-economic situation and large gaps in the moral and ethical education of the younger generation have led to an increase in the number of cases of deliberate abuse of older and stronger to the smaller and weaker members of educational institutions. The author has studied administrative and legal principles of the activity of the National Police of Ukraine on preventing and counteracting bullying. Based on a comprehensive analysis of national legislation on preventing and combating bullying in Ukraine, the author has determined perspective areas for improving administrative and legal principles in this area. It has been emphasized that the role of the National Police in this area cannot be limited to the preventive registration of a child. It is necessary to develop a set of preventive and educational measures aimed at preventing bullying manifestations among minors. It has been found out that there are no tools to assess the effectiveness of the impact of existing strategies to combat bullying in Ukraine, which necessitates further research in this area. It has been determined that it is necessary to fight not with individual facts of bullying, but to enshrine in the legislation the system of counteraction to harassment in educational institutions, which can be preventive in nature. It has been established that the legislator has introduced a number of amendments over the last few years, which are characterized by the strengthening of the component of protection of children’s rights. A positive novelty is that the main task of the juvenile police was preventive activity instead of punitive one. In general, the regulatory basis for the activities of the National Police of Ukraine to prevent and combat bullying can be divided into two parts: general legislative acts and departmental regulatory acts. It has been noted that the prevention of bullying and the prevention and combating of domestic violence are different aspects of the same problem, which are in constant close cooperation, and then the measures to overcome them should be common.


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