Green Constitution: Strengthening Environment Principle in the Act of 1945

2019 ◽  
Vol 9 (5) ◽  
pp. 1044
Author(s):  
Netty S.R. NAIBORHU

Environmental issues should not be placed on one side, namely the government (legislative, executive and judicative), but all components of the existing layer in a country must be able to interpret the green constitution in the hearts of each. Green constitution as the idea of constitutionalizing the norm of environmental law into the constitution by raising the draft of environmental protection norms to the constitution level. Approach method used in this research using a normative juridical approach with the focus related to the green constitution as reinforcement of environmental principles in the Constitution with data obtained and analyzed by using a qualitative normative method. This constitutionalization can be grouped into three types. First, formal constitutionalization. This group has a style in which the constitutionalization of environmental policy is carried out by putting it in a formal form on the environment and ideas of sustainable development; Secondly, substantial Constitutionalization. This model is interpreted as a practice of constitutionalization that is not only limited to formal but substantially. As for a reason, that environmental policy becomes the spirit (spirit) of the constitution in a country, Third, structural constitutionalization. This model is an extreme ending which changes the environmental paradigm of the object into the subject of human rights so that the environment can be viewed as a separate legal subject structure beside the human subject.

2020 ◽  
Vol 9 (1) ◽  
Author(s):  
Cláudio Luiz Chiusoli ◽  
Silvio Roberto Stefano ◽  
Gilmar Carlos da Silva

ResumoA preocupação com o desenvolvimento sustentável e a sustentabilidade vai muito além dos cuidados com o meio ambiente, além do contexto histórico do desenvolvimento sustentável, relata uma perspectiva social mais abrangente, direitos humanos, questões de desenvolvimento social. O tema sustentabilidade vem se destacando não somente pela escassez de matéria-prima, mas também pela cobrança dos diversos públicos envolvidos, sejam eles clientes, fornecedores, funcionários e até mesmo o próprio governo; estes diversos públicos querem organizações focadas no objetivo socioambiental e a sua transparência quanto a suas ações para com assunto. O objetivo do artigo é, a partir dos relatórios anuais de uma empresa de participações e investimentos no período de 2012 a 2017, analisar a evolução do quadro de funcionários, números de acidentes, tempo de treinamento e investimentos em programas socioambientais dentro do contexto do desenvolvimento sustentável e sustentabilidade. A metodologia adotada foi uma análise documental por meio de um estudo de caso, verificando 6 relatórios anuais de sustentabilidade da empresa objeto do estudo, mediante verificação dos dados divulgados no site da organização. Os achados apontaram que a organização realizou investimentos em treinamentos e na diminuição da relação do número de acidentes. AbstractThe concern for sustainable development and sustainability goes far beyond caring for the environment reports beyond the context of sustainable development history, a broader social perspective, human rights, social development issues. The sustainability theme has been highlighted not only by the scarcity of raw materials, but also by the collection of the various publics involved, whether they are customers, suppliers, employees and even the government itself, these various publics want organizations focused on the socio-environmental objective and also their transparency regarding their actions towards the subject. The objective of the article is, based on the annual reports of a participation and investment company from 2012 to 2017, to analyze the evolution of the staff, accident numbers, training time and investments in environmental partner programs within the context of sustainable development and sustainability.


Author(s):  
Philippe Cullet

This chapter investigates the interaction between individuals and states in the face of climate change. It looks into the points of intersection between climate change and human rights regimes by examining the extent to which the climate change regime has recognized and addressed the human rights dimensions of climate change. Indeed, climate change is but one of many global environmental issues and where the climate change regime is part of the corpus of international environmental law, it looks into the extent to which the debate on a right to environment can be used in the context of climate change. International environmental law includes instruments that embrace the human dimensions of environmental issues as reflected, for instance, in the definition of sustainable development adopted in the Johannesburg Declaration on Sustainable Development at the Johannesburg World Conference on Environment and Development.


2019 ◽  
Vol 10 (1) ◽  
pp. 56-72
Author(s):  
Wekgari Dulume

The 2030 Agenda for Sustainable Development is grounded in different international human rights instruments. Human rights (HR) principles and standards are strongly reflected in several of the Sustainable Development Goals (SDGs) and targets. Furthermore, SDG 17 emphasizes partnership as a key to achieving all of the SDGs. This article examines the SDGs-HR linkage in general, as well as specific HR principles that can be advanced by the achievement of SDG 17. Opportunities and challenges to promote Goal 17 of the SDGs that directly affect certain HRs are also examined. A review of relevant literature, 2030 summit documents, and outcomes of recent international conferences on the SDGs is undertaken in order to determine the progress made towards forging regional and global partnerships for the SDGs, as envisaged in Goal 17. This article finds that the absence of a political will and commitment, increased isolationist policy, narrow nationalism and poor rule linkage at national and international levels are some of the obstacles to the attainment of Goal 17. Yet, opportunities abound to promote the Goal. The article recommends a genuine commitment to implementing the SDGs by encouraging the South-South and North-South to prevent the SDGs from becoming a mere wishlist. Synergy between the government, individuals, civil society organizations (CSOs) and transnational corporations (TNCs) is equally very important. Keywords: Human rights, sustainable development goals, partnership for the goals.


2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia

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.


1997 ◽  
Vol 15 (1) ◽  
pp. 47-60 ◽  
Author(s):  
Sigrun I. Skogly

The execution of Ken Saro-Wiwa and the other environmental and human rights activists in Nigeria in November 1995, represented flagrant violations of human rights. What was exceptional about this case was that the uprising, which ultimately lead to the executions, was not primarily aimed at the Government, but rather at one of the large transnational corporations, Shell Oil. The article analyses the composition of the actors and the various human rights involved in this conflict. It argues that the complexity of the conflict is shown through the wide variety of environmental NGOs, human rights NGOs, international business and organisations that were implicated in it. The article points to the interrelatedness of various human rights - and the interlinkedness to environmental issues, claiming that environmental organisations were forced’ to use rights language, while human rights organisations needed to address environmental issues. And ultimately, the business actor has publicly stated intent to observe a human rights accountability.


2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.


2022 ◽  
pp. 257-279
Author(s):  
Poshan Yu ◽  
Andong Jiao ◽  
Michael Sampat

People in China are paying more attention to environmental issues as they increase in importance and consequence. At the same time, the Chinese government has gradually begun paying more attention to the environment, advocating sustainable development. The government has been actively developing green financial products such as green loans, green insurance, green funds, and other financial products to help Chinese companies “go green” and reach peak carbon and carbon-neutral goals ahead of schedule. China attaches great importance to its “green transformation” goals, as can be seen from the number of new policies related to green and sustainable development. Under these circumstances, companies must follow the policy and carry out green upgrades or risk total failure. This chapter mainly discusses the background of what firms face in China's green finance environment, taking clean energy, green buildings, and green transportation as examples of how companies should adapt to these trends and improve their competitiveness.


2021 ◽  
Vol 10 (2) ◽  
pp. 173-179
Author(s):  
D.V. ARONOV ◽  
◽  
I.R. LEVINA ◽  
I.M. SMIRNOV ◽  
◽  
...  

The goal of this article is to analyze primitive tribes as a legal subject or subject-matter of the international environmental law of the early twentieth century. The article presents the analysis of the object and subjects formation of the international environmental law legal protection on the example of Berne Conference of Experts in 1913. The issue of preserving the habitat and the lifestyle of national-ities leading a primitive way of life is considered. Nowa-days, the primacy of human rights and freedoms as the system-forming center of modern political systems and regimes is not seriously disputed by anyone. The slightest attempts to talk about the prevalence of other values (state, religious) are perceived as an attempt at sacrilege during the period of the Catholic religion dogmas dominance in Europe.


2005 ◽  
Vol 07 (03) ◽  
pp. 543-568 ◽  
Author(s):  
YUSUF GÜNEŞ ◽  
AYNUR AYDIN COŞKUN

Dealing with environmental problems, "participation" has emerged as a central theme. There has, for some time, been a growing recognition within the government and society at large that the future of Turkish environmental protection depends on more effective participation of multiple stakeholders. Along with growing appreciation of the potential benefits has come more systematic understanding of the factors that currently inhibit wider and more effective use of participatory techniques in Turkey. Over the last decade, there has been a succession of studies pointing to the conclusion that current environmental practices, entrenched institutional arrangements and attitudes, and poorly adapted laws are major constraints on participatory approaches. With specific reference to the legal framework, there is a growing consensus that Turkish legislation falls short in comparison to those in most developed countries and acts as a constraint on participation because of its command and control approach, in which most decisions are made by the state and the principal role of law is to ensure compliance and penalise non-compliance with those decisions. The law does not fully reflect current social, economic and environmental realities. The purpose of this study is to focus on the strengths and weaknesses of Turkey's environmental law per se, by highlighting some international lessons and practices that might be useful to Turkey as it considers what future steps to take in improving the legal framework for participation. The 1998 case in which the environmentally damaging activities of the Eurogod Mining Company at Bergama, Western Turkey, were stopped following a petition by local people to the Appeals Court is cited as an example. This case study reflects the people's participation in environmental issues and supports the main argument of this article, from which recommendations are made for improving the legal outline for participation.


ASKETIK ◽  
2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Ahmad Arif Widianto

The emergence of non-governmental organizations (NGOs) were actively empowering women can supplement the lack of implementation of the programme of empowerment from the Government. In spite of all its shortcomings, a previous Study demonstrated that NGOs are more effective in carrying out the empowerment programs with a variety of models and strategies. Mother’s best friend Foundation (YSI) undertook to actively empower women in Yogyakarta and mengooptasi way to implement Islamic values not only in theoretical level but also practical. This paper discusses how YSI implement Islamic values and the implications for how the process of empowerment. This research uses qualitative approach method of verstehen to interpret the subject’s understanding of research on Islamic-based empowerment. Data collection techniques using participatory observation and indepth interview against informants chosen by purposive. The results showed that the application of the values of Islam is more of an approach at once an instrument of women’s empowerment. Islamic practices are applied in the empowerment of such a contract, pledge, pengajian, infaq is able to push the lancarnya the process of empowerment. The subject of research looked at that program of empowerment is the obligation to family and God. Nevertheless there are several members resigned because the program prove incriminating. On the one handthe implementation of Islamic values become the driving force of empowerment, on the other hand give rise to a difference of views among the participants and facilitator so that it becomes counterproductive. Keywords: NGOs, empowerment of women, the empowerment Strategy, values of Islam,


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