9. Regulatory Strategy

2019 ◽  
pp. 253-290
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Behavioural Change ◽  
Public And Private ◽  
Regulatory Strategies ◽  
Regulatory Strategy ◽  
Effective Instrument

This chapter discusses the meaning and role of regulatory strategy in English and EU environmental law. Regulatory strategy is often thought of as an instrument to achieve certain environmental protection ends but the chapter argues that, despite the availability of a plethora of regulatory tools to implement them, regulators often face significant challenges to act in a strategic manner and to turn environmental regulatory strategy into an effective instrument of behavioural change. Against this background the chapter outlines the strengths and weaknesses of the key regulatory strategies currently adopted by both public and private regulators in a range of jurisdictions.

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

IMPACT OF THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN UNION COURT OF JUSTICE IN THE FIELD OF ENVIRONMENTAL PROTECTION

2018 ◽  
Vol 4 (2) ◽  
pp. 77-89
Author(s):  
Anna Kęskiewicz
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Environmental Law ◽  
Point Of View ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Law ◽  
Law Making

The use of dogmatic-legal, empirical and linguistic semantics methodology is focused on sharing for better understanding of the law. Therefore, views on European jurisprudence have been presented in the paper. Without a doubt, the law-making nature of European Union law takes into account the field of environmental protection. Articles in law define the tasks that are important from the point of view of European legislation. The written nature of these determinants of the reasoning of the possibilities of environmental protection plays an important role in the interpretation of environmental law.

The EU Waste Shipment Regulation and the need for better enforcement

elni Review ◽  
2010 ◽  
pp. 18-22
Author(s):  
Thomas Ormond
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Protection ◽  
European Community ◽  
Environmental Law ◽  
Eu Legislation ◽  
Community Regulation ◽  
Effective Instrument ◽  
Used Goods ◽  
The Eu

The European Community regulation on shipments of waste which was adopted in May 2006 is now in application since 12 July 2007. Although one of the more voluminous instruments of EU environmental law – with 64 articles and 9 annexes – it was intended as a means of better legislation in comparison with the old Waste Shipment Regulation dating from 1993. The main purpose of the revision was to transpose recent changes of international law into EU legislation, as well as to harmonise, restructure and streamline the legal text in order to achieve greater clarity. Another objective, not least due to later insertions by the European Parliament during legislative proceedings, was to strengthen effective enforcement on various levels. However, against a rising tide of waste shipments or dubious “used goods” ending up as waste in developing countries, the EU regulation has yet to prove that it is an effective instrument of environmental protection on an international scale.

Guaranteeing the Programming Mandate of Public Broadcasters and Restraints on Private Broadcasters’ Programmes in Multimedia Conditions

2004 ◽  
Vol 5 (8) ◽  
pp. 907-933 ◽  
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Public Sector ◽  
Public Service ◽  
Service Networks ◽  
Public And Private ◽  
The Public ◽  
Public Service Broadcasting ◽  
Regulatory Strategy ◽  
Post War ◽  
Societal Dynamics

The present German media structures are subject to a fundamental process of self-transformation due to technological as well as societal dynamics. This is especially the case for public service broadcasting. In the post-war era, the public service networks were one of the central intermediary institutions of organized pluralism, serving both the state and society at large. It is not only the growing competition between public and private broadcasters that has led to dramatic changes to the role of public sector broadcasters. The public sector is also being challenged by the rise of the entertainment economy and a shift in focus from public to private affairs. This paper describes the hitherto established role of public service broadcasting and its present crisis. The paper then proposes a proactive legal and political regulatory strategy, which might help find a new role for public broadcasters in a much more fragmented society. The proposed strategy follows the paradigm of proceduralization, which is also prevailing in many other parts of the institutional structures of postmodern society.

3. Environmental values, principles, and rights

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Sustainable Development ◽  
Environmental Justice ◽  
Environmental Protection ◽  
Precautionary Principle ◽  
Legal Status ◽  
Environmental Law ◽  
Environmental Values ◽  
Environmental Problems ◽  
Different Types

This chapter focuses on the complexity of environmental problems, which is one of its defining characteristics in the sense that there are often many interconnected, variable elements to the problem. It considers the interaction between values and environmental law, which involves some reflection on differing attitudes to the environment. The chapter examines some of the ways in which these values are translated into environmental principles, such as the goal of sustainable development or the Precautionary Principle; it then goes on to consider the question of whether these principles have legal status in the sense that they create legally enforceable rights and duties. Finally, it considers broader questions of environmental justice and the role of different types of rights in environmental protection.

scholarly journals THE ROLE OF ENVIRONMENTAL LAW IN THE IMPLEMENTATION OF SUSTAINABLE DEVELOPMENT

2016 ◽  
Vol 6 (2) ◽  
Author(s):  
Aleksandra Ilić-Petković ◽  
Ivana Ilić-Krstić
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Key Words ◽  
Environmental Degradation ◽  
Environmental Law ◽  
Important Task ◽  
Primary Task ◽  
Legal Regulations ◽  
Important Means

Environmental law, as a developing branch of legal science, has been gaining in importance recently. As such, its primary task is to examine, define and clearly determine a number of terms in the field of environmental protection. Parallel to this, environmental law has another, seemingly even more important task at this point, which is to offer adequate legal solutions to prevent and stop further environmental degradation, as it is a burning issue in the present time. Sustainable development and environmental law are inseparably associated. Legal acts shall regulate the rules of conduct, among other things, in the field of environmental protection and sustainable development. There is a large number of international and national regulations which deal with the issue of sustainable development. As people obey legal regulations, either from their own beliefs about the correctness of behavior that a legal act requires, or out of fear of sanctions that can follow, it is clear that the regulations in the field of sustainable development represent a very important means which can act as a powerful corrective to undesirable behavior towards the environment. Key words: environmental law, sustainable development, legislation, environmental protection.

Environmental Law: A Very Short Introduction

2017 ◽  
Author(s):  
Elizabeth Fisher
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Problems ◽  
Short Introduction ◽  
Political Conflicts ◽  
Limits Of Knowledge ◽  
The Law ◽  
Controversial Area ◽  
Vast Area

Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is obvious and ethically desirable. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Environmental Law: A Very Short Introduction discusses the nature and practice of environmental law, and explores the role of lawmakers, courts, and regulators. It analyses why environmental law is both a fundamental and controversial area of law, dealing with multiple interests, socio-political conflicts, and the limits of knowledge about the environment, using examples from across the globe.

People’s Republic of China

2019 ◽  
pp. 127-148
Author(s):  
Xi Wang
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Governance ◽  
Environmental Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Law System ◽  
Republic Of China ◽  
Government Work

This chapter examines the environmental law system of the People’s Republic of China. It first provides an overview of the allocation of powers within the Chinese system as regards environmental protection, taking into account the relevant constitutional provisions for environmental governance. In particular, it discusses China’s political system and powers relating to environmental legislation, law enforcement inspection, oversight of government work, review and approval of governmental budgets for environmental protection, and appointment and dismissal of governmental officials involved in environmental protection. The chapter goes on to consider the structure and substance of China’s environmental law before turning to the implementation of the environmental law framework, placing emphasis on the role of administrative institutions and judicial organization relating to environmental protection. Finally, it analyses the process of environmental governance in China by the IPPEP Model, a conceptual model that describes the Interactions of Parties in Process of Environmental Protection (IPPEP).

Informational Requirements and Environmental Protection

2019 ◽  
pp. 971-995
Author(s):  
Karen Morrow
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Information ◽  
United Nations Economic Commission ◽  
New Approach ◽  
Economic Commission ◽  
Disclosure Of Information ◽  
Emerging Issues ◽  
Selective Disclosure

This chapter discusses the role of informational requirements in environmental protection. It first provides an overview of the nature of informational requirements in environmental law before discussing the role of states in controlling environmental information. It then considers the new approach towards access to environmental information that has been adopted by Principle 10 of the Rio Declaration, the pursuit of regional international hard law on Principle 10, and key provisions of the Aarhus and draft United Nations Economic Commission for Latin America and the Caribbean (UNECLAC) Conventions relating to access to information. The chapter also explores the state-mandated public disclosure of information by companies as well as companies’ voluntary and selective disclosure of information before concluding with an analysis of some emerging issues relating to environmental information in the age of information technology.

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