scholarly journals Environmental Licensing Vs. Equitable and Sustainable Development: The Incidence of the Principle of Proportionality as a Weighing and Choice Instrument in the Brazilian Judicial System

2019 ◽  
Vol 4 (7) ◽  
pp. 1-12
Author(s):  
Athena De Albuquerque Farias ◽  
Maria Paula Silvestre Campelo ◽  
Francisca Ergovânia Batista de Brito
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
Administrative Law ◽  
Future Generations ◽  
Free Enterprise ◽  
Concrete Case ◽  
Sustainable Environment ◽  
Environmental Licensing ◽  
Principle Of Proportionality ◽  
The Right

Abstract: The increase in the chances of potential environmental catastrophes due to excessive anthropic activity has caused society to turn its efforts to protect the environment. The notion of Sustainable Development was raised aiming economic growth based on the rational use of existing natural resources, for the purpose of preserving them for future generations. The concept of Equitable and Sustainable Development was created, which encompasses several aspects of society besides economic and environmental, with the main purpose of stimulate socially equitable development together with a sustainable environment. Environmental licensing consists of an administrative instrument used by the State to regulate potentially harmful activities to the environment. In this, it is sometimes necessary to consider constitutional principles, which requires verification of which should prevail, depending on the conflicting case. The present study defends the effectiveness of the use of the Principle of Proportionality in the act of weighing constitutionally protected interests, where the particularities of the concrete case must be analyzed in order to verify which institute should overlap, seeking the harmonization between free enterprise and the right to a balanced environment, these being the main principles involved in environmental licensing. Keywords: Environmental Law. Administrative law. Sustainable Development. Environmental license. Principle of proportionality.

scholarly journals IN THE MAKING OF A BETTER WORLD: U N SUSTAINABLE DEVELOPMENT GOALS, 2030

2020 ◽  
pp. 13-16
Author(s):  
Rupali Daimari ◽  
Dr. Basanta Kalita
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
Future Generations ◽  
Human Environment ◽  
Healthy Environment ◽  
Global Challenge ◽  
Commission Report ◽  
Development Goals ◽  
The Right ◽  
Sustainable Economic Growth

Sustainable development can be defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The Brundtland Commission Report 1987 defines Sustainable Development thus “Sustainable Development is the development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” From the very beginning the United Nations have taken the initiative to make Sustainable Development a reality to protect our planet from degradation and depletion in various forms. The Declaration of the UN Conference on the Human Environment or Stockholm Declaration was adopted on June, 1972 by the UN Conference on the Human Environment at the 21st plenary meeting as the first document in International Environmental law to recognize the right to a healthy environment. In the declaration, the nations agreed to accept responsibility for any environmental effects caused by their actions. Keeping this in view the Rio Declaration on Environment and Development, adopted 27 principles intended to guide future sustainable development around the world in tune with the Stockholm Declaration 1972 on Human Environment. In this paper an attempt would be made to study the various aspects of sustainable development especially reducing inequalities in all forms, including the empowerment of women and girls’ and the most marginalized. To focus on balanced and sustainable economic growth with employment creation which is fundamental for addressing the multi-dimensional nature of poverty and which must be decoupled from environmental degradation. KEYWORDS: Degradation, Depletion, Empowerment, Poverty, Global Challenge

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

scholarly journals Sustainable Development through the Right to Access to Justice in Environmental Matters in China

2019 ◽  
Vol 11 (3) ◽  
pp. 900 ◽  
Author(s):  
Miao He
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
Access To Justice ◽  
Transfer System ◽  
Legal Aid ◽  
Significant Progress ◽  
Special Fund ◽  
Legal Perspective ◽  
Effectiveness And Efficiency ◽  
The Right

Access to justice is an irreplaceable complementary right. Without enforcement, environmental law would be ‘toothless’ in practice. Recently, China has made some significant progress in protecting the relevant parties’ right to access to justice in environmental matters. However, there are still some problems and challenges in the protection of this right in theory and in practice. To effectively realize this right, it is necessary to analyze the present situations and problems of the right in China from a legal perspective. This is done by introducing and analyzing the laws, regulations, policies, and practice concerning the right to access to justice in environmental matters in China. Specifically, this paper discusses the present situations of this right from several aspects. Based thereon, a brief problems analysis will be made. Some possible suggestions on how to better protect the right in China will be proposed from the perspectives of engaging, effectiveness and efficiency. These suggestions include empowering various parties with more capacity and possibilities; establishing a legal aid system and special fund; improving the exemption system and attorney fee transfer system; establishing a pre-litigation examination mechanism; and stimulating various parties’ potential roles.

scholarly journals The Role and Importance of Talloires Declaration in Establishing Sustainable Higher Education Institutions

2021 ◽  
Vol 11 (2) ◽  
pp. 417-424
Author(s):  
muhammed yunus bilgili
Keyword(s):  
Higher Education ◽  
Sustainable Development ◽  
Natural Resources ◽  
Higher Education Institutions ◽  
Future Generations ◽  
The Sustainable Development ◽  
Human Needs ◽  
Development Approach ◽  
The Right ◽  
The Relationship

The intensive use of environmental and natural resources to satisfy human needs has risked the potential of renewable ecosystems and caused environmental problems. In order to respond to the problems faced, the current economic system has been interrogated. In the response emphasizing that future generations have the right to benefit from natural resources, the sustainable development approach has come to prominence. It has been observed that the issues of sustainable development and sustainability have been intensely discussed by higher education institutions since the 1980s. Until the Talloires Declaration (1990), the relationship between sustainability and higher education has been focalized to environmental education, with this declaration, the sustainability of higher education institutions has been brought to the agenda. The aim of this study is to examine Talloires Declaration on behalf of role, importance and transformations in establishing sustainable higher education institutions

scholarly journals COMPENSATION FOR ENVIRONMENT

2021 ◽  
Vol 03 (08) ◽  
pp. 81-93
Author(s):  
Leila KRACHE
Keyword(s):  
Sustainable Development ◽  
Environmental Pollution ◽  
Civil Liability ◽  
Future Generations ◽  
Environmental Responsibility ◽  
Environmental Damage ◽  
Healthy Environment ◽  
Environmental Damages ◽  
Technological Developments ◽  
The Right

The right to a healthy environment is one of the rights of peoples and present and ‎future generations, especially in light of modern technological developments that ‎have contributed greatly to the rate of environmental pollution, which has ‎multiplied environmental damage, and to confront these environmental damages, ‎there were many efforts at the international and internal levels.‎ ‎In keeping with comparative legislation, the legislator introduced the first law ‎for the protection of the environment under Law 10/03 relating to the protection ‎of the environment within the framework of sustainable development, which is ‎characterized by its preventive and deterrent nature, but it did not provide for ‎civil penalties related to compensation for environmental damage, which means ‎the implementation of the traditional rules recognized in the field of Civil liability ‎that is no longer appropriate given the specificity of environmental damage‎‎‎. Keywords: EEnvironmental Damage, Environment, Environmental Responsibility, ‎Compensation, Environmental Pollution, Implementation, Sustainable ‎Development

scholarly journals Responsabilidade civil por dano direito ambiental

2020 ◽  
Vol 19 (36) ◽  
pp. 73-90
Author(s):  
Márcio Bonini Notari
Keyword(s):  
Environmental Law ◽  
Relevant Information ◽  
Environmental Damage ◽  
Civil Action ◽  
Environmentally Sustainable ◽  
Sustainable Environment ◽  
The Government ◽  
The Right ◽  
Do So

O presente trabalho foi elaborado com o objetivo de melhor conhecer as leis que regulamentam nosso Direito Ambiental, trazendo informações relevantes sobre o tema. Desde seu princípio, na segunda metade do século XX, essas inovações já visavam garantir o equilíbrio entre o desenvolvimento sustentável com a qualidade de vida do ser humano, tanto para a geração da época, como também para as futuras, para que todos pudessem desfrutar dos recursos naturais tão ricos para a saúde humana. Para tanto, a constituição pátria colocou direitos e deveres oportunos a todos, pois o dever de manter um meio ambiente ecologicamente sustentável não é apenas do governo, mas também de toda a sociedade, levando como base o princípio da prevenção e da precaução, impondo, assim, que se nem todos cumprirem com essas normas terão que, de alguma forma, reparar o dano que causaram, seja pessoa física ou jurídica. Os instrumentos que a lei dispõe para questões desse cunho é a ação civil pública e a ação popular, que são os meios legais para a solução do problema. Desse modo, o agente poluidor responderá por seus atos, com a finalidade de sempre buscar o resgate do estado em que se encontrava o ambiente antes de ser atingido, buscando, principalmente, a prevenção, pois em muitas vezes o dano é muito difícil ou, até mesmo, impossível de ser reparado. Portanto, a educação ambiental e o conhecimento das leis devem ser trabalhados pelo governo na sociedade, para que se tenha um maior controle sobre os riscos que possam causar potencial perigo ao meio ambiente.PALAVRAS-CHAVE: Direito ambiental. Meio ambiente. Responsabilidade civil. Dano ambiental. Conscientização.ABSTRACTThe present work was designed to better understand the laws that regulate our Environmental Law, bringing relevant information about the theme from the beginning, in the second half of the twentieth century, these innovations were already aimed at ensuring the balance between sustainable development and quality of life of the human being, for the generation of the time, as well as for the future, so that everyone could enjoy the natural resources so rich for human health. To this end, the country's constitution has given everyone the right and duty to do so, since the duty to maintain an environmentally sustainable environment is not only a duty of the government but also of society as a whole, based on the principle of prevention and precaution, so that if not all comply with these standards will have to somehow repair the damage they caused, whether individual or legal. The instruments that the law provides for such matters are public civil action and popular action, which are the legal means to solve the problem. In this way, the pollutant agent will respond for his actions, and always the purpose will be to seek the rescue of the state in which the environment was before being hit, but mainly seek prevention, as in many times the damage is very difficult to repair or even impossible. Therefore, environmental education, and knowledge of laws must be worked by government in society, so that one can have greater control over the risks of potentially causing danger to the environment.KEYWORDS: Environmental law. Environment. Civil liability. Environmental damage. Awareness. 

Public Interest Regarding Nature Protection Pursued by the Municipal Government

2020 ◽  
Vol 18 (2) ◽  
pp. 421-432
Author(s):  
Jerzy Stelmasiak
Keyword(s):  
Nature Conservation ◽  
Public Interest ◽  
Judicial Review ◽  
Municipal Government ◽  
Environmental Law ◽  
Nature Protection ◽  
Constitutional Principle ◽  
Local Law ◽  
Principle Of Proportionality ◽  
The Right

The article contains an analysis of the issue of public interest pursued by the municipal government in the field of nature conservation, demonstrated on the example of individual forms of nature conservation, the latter term being the concept used by environmental law scholars.  Moreover, it covers natural monuments, documentation stands, ecological grounds and natural and landscape complexes, which are established through a resolution of the municipal council, which constitutes an act of local law. On the other hand, administrative prohibitions introduced for this purpose in an act of local law must have statutory authorisation and they should take into account the constitutional principle of sustainable development and the principle of proportionality.  This is because these prohibitions restrict the right of ownership of immovable property situated in their area.  Moreover, such an act of local law shall also be subject to the judicial review by an administrative court, having been challenged by the addressee of such act, provided that the addressee has also a legal interest, not only a factual interest.

Recent Environmental Legislation in South Africa

2000 ◽  
Vol 44 (1) ◽  
pp. 124-128 ◽  
Author(s):  
Nazeem Goolam
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Social Development ◽  
Well Being ◽  
Future Generations ◽  
Environmental Legislation ◽  
The Republic ◽  
The Right ◽  
Ecologically Sustainable ◽  
Ecologically Sustainable Development

Section 24 of the Constitution of the Republic of South Africa, Act 108 of 1996, provides:“Everyone has the right(a) to an environment that is not harmful to their health or well-being; and(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that(i) prevent pollution and ecological degradation;(ii) promote conservation; and(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”

scholarly journals Environmental Sustainability and Sports

2021 ◽  
Vol 8 (1) ◽  
pp. 19-38
Author(s):  
Ahmet Atalay
Keyword(s):  
Sustainable Development ◽  
Environmental Impacts ◽  
Environmental Sustainability ◽  
Mass Production ◽  
Sustainable Development Goals ◽  
Well Being ◽  
Future Generations ◽  
Sustainable Environment ◽  
Production And Consumption ◽  
Development Goals

The United Nations Sustainable Development Goals are grouped under three main titles; economic development, environmental sustainability, and improvement of social well-being. Environmental sustainability is one of the most important components of sustainable development goals because it is obvious that without a sustainable environment, economic and social development goals will be abandoned. While the unplanned use of the environment and natural resources threatens environmental sustainability, it can be said that one of the most important actors in this process is sports. Mass production and consumption, facility establishment, and increase in organizations in sports accelerate environmental and natural destruction. The sustainability of sports is directly proportional to environmental sustainability. Therefore, reduction of the sports-induced negative environmental impacts will make great contributions to environmental sustainability. In this way, it will be possible to transfer both the natural environment and sports to future generations. This study was limited to environmental sustainability, which is one of the three main titles set for sustainable development goals and the effects of sports on environmental sustainability were evaluated in the light of available literature. Again, regarding the existing literature, suggestions were developed to reduce the negative environmental impacts of sports.

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