Environmental Problems of International Legal Regulation of Transboundary Pollution

2021 ◽  
Vol 12 (2) ◽  
pp. 392
Author(s):  
Dauren BEKEZHANOV ◽  
Gulnurа KOPBASSAROVA ◽  
Ainur ZHUNISPAYEVA ◽  
Talgat URAZYMBETOV ◽  
Roza SEILKASSYMOVA
Keyword(s):  
Environmental Pollution ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Scientific Development ◽  
Negative Effects ◽  
Environmental Cooperation ◽  
Theoretical Concepts ◽  
The Republic

This article is a comprehensive study on problems of legal protection of the environment from transboundary environmental pollution in the Republic of Kazakhstan. The study of international and national legislation in the field of environmental protection from transboundary environmental pollution was carried out, ways to solve legal problems related to transboundary environmental pollution were studied and proposed, theoretical concepts and practical recommendations were developed to increase the effectiveness of current legislation and the activities of state bodies in the field of environmental protection environment from transboundary environmental pollution. The theoretical significance of the study is that it will contribute to the further scientific development of conceptual problems of environmental cooperation in the field of preventing and preventing the negative effects of transboundary environmental pollution. The research itself, as well as the results obtained, will contribute to the further development of the domestic environmental law science.

Foreign environmental law: U.S. environmental law

2019 ◽  
Author(s):  
Лазарь Брославский ◽  
Lazar Broslavskiy
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Modern World ◽  
Federal State ◽  
Teaching Staff ◽  
Wide Range

The manual is devoted to the analysis of the current environmental legislation of the United States and the practice of its application in order to better study the environmental problems of the modern world and improve the system of legal regulation of the Russian Federation in the field of environmental protection. Prepared on the basis of previously published by the author of monographs on comparative legal analysis of environmental law in Russia, the United States and the European Union, which can be accessed for a more detailed study of the legal protection of the environment. Meets the requirements of the Federal state educational standards of higher education of the last generation. It is recommended in addition to the basic course "Environmental law", and can also be used as a textbook for bachelors and undergraduates in special courses and special seminars "Foreign environmental law". For students, postgraduates and teaching staff of law universities and environmental faculties of universities and other educational institutions; workers of industry and other sectors of the economy, including those studying at institutes and training courses, judges, employees of the system of state bodies of natural resources and environmental protection, control and supervision and law enforcement agencies, environmental and other public organizations; and also for a wide range of readers interested in environmental issues and wishing to take an active part in the social environmental movement.

scholarly journals O DIREITO FUNDAMENTAL AO ACESSO E CONSUMO SUSTENTÁVEL DA ÁGUA POTÁVEL, RECURSO NATURAL QUE SUSTÉM A VIDA DE TODOS, EM TODOS OS AMBIENTES, DEVENDO ATENÇÃO AOS VULNERÁVEIS

2020 ◽  
Vol 2 (59) ◽  
pp. 155
Author(s):  
Regina Vera Villas BOAS ◽  
Ivan Martins MOTTA
Keyword(s):  
Drinking Water ◽  
Environmental Protection ◽  
Natural Resource ◽  
Environmental Law ◽  
Sustainable Consumption ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Right ◽  
Deductive Method ◽  
The Republic

RESUMO Objetivo: O objetivo do trabalho é tratar da proteção jurídica da água potável, refletindo sobre a eficiência e/ou eficácia constitucional, legislativa e jurisprudencial da proteção ambiental, trazendo fundamentações contidas nas decisões judiciais, materializadoras da justiça socioambiental, e trazendo à razão, questões sociais e jurídicas atuais sobre o consumo excessivo desse imprescindível e finito recurso natural. Metodologia: A partir de pesquisa documental, utiliza o método dedutivo para, valendo-se dos ensinamentos doutrinários, legislativos, jurisprudenciais e constitucionais, extrair conclusões sobre a importância dos recursos hídricos, em especial, da água. Resultados: Considerando que a água potável é recurso natural, bem ambiental e direito humano fundamental, o acesso e o consumo sustentável da água potável pertencem a todos, sendo dever do Estado e da sociedade promovê-los, prestando atenção às situações de escassez dos recursos vividas pelos vulneráveis. Logo, o ordenamento jurídico e os Poderes da República devem contar com legislação, decisões dos tribunais e políticas públicas protetivas ambientais, garantindo a salvaguarda da água (potável). Contribuições: A pesquisa traz à baila notas importantes sobreo avanço do direito ambiental, considerado por várias constituições como um direito humano e fundamental, afirmando que a proteção do meio ambiente vem sendo colocada em risco por setores políticos, econômicos e sociais, que violam conquistas já materializadas, cometendo retrocessos nas garantias dos direitos fundamentais e violando o princípio da proibição do retrocesso ambiental. Palavras-chave: Água potável; recursos hídricos; tutela jurídica ambiental; direito humano fundamental. ABSTRACT Objective: To deal with the legal protection of drinking water, reflecting on the constitutional, legislative and jurisprudential efficiency and/or effectiveness of environmental protection, bringing the foundations contained in judicial decisions, materializing socio-environmental justice, and bringing to the questions current social and legal issues regarding the excessive consumption of this essential and finite natural resource. Methodology: Based on documentary research, it uses the deductive method to, based on doctrinal, legislative, jurisprudential and constitutional texts, have conclusions about the importance of hydric resources, especially water. Results: Considering that drinking water is a natural resource, an environmental asset and a fundamental human right, access to and sustainable consumption of drinking water belongs to all, being then duty of the State and society to promote them, paying attention to situations of scarcity of resources experienced by the vulnerable. Therefore, the legal system and the Powers of the Republic must have legislation, court decisions and public environmental protection policies, guaranteeing the safeguarding of (drinking) water. Contributions: The research brings up important notes about the advance of environmental law considered by several constitutions as a human and fundamental right, stating that the protection of the environment has been put at risk by political, economic and social sectors, which violate achievements already materialized, causing setbacks in the guarantees of fundamental rights and violating the principle of prohibition of environmental setbacks. Keywords: Drinking water; hydric resources; environmental legal protection; basic human right

scholarly journals International legal providing for environmental protection in settlements

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Radchenko Antonina ◽  
◽  
Tkachenko Oleksandr ◽  
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Regulation ◽  
International Integration ◽  
Legal Documents ◽  
Global Environmental ◽  
Environmental Component

The article examines the basic rules of international legal acts regulating the issues of environmental protection in settlements. The experience of international legal regulation of environmental protection of settlements has been studied, which showed that this issue is currently regulated in the following areas: 1) international legal documents, which establish general requirements for the implementation of the principle of sustainable development and its environmental component in all countries; 2) international legal documents, which establish special requirements for sustainable development of settlements, taking into account their environmental component; 3) international legal documents, which set requirements for environmental protection. It is established that at the beginning of the XXI century. it became clear that only the international integration of efforts - economic, political and institutional, creates the preconditions for preventing a global environmental catastrophe. Settlements are recognized as one of the largest sources of environmental pollution and climate change on the planet. Keywords: settlement, environment, legal protection, ecology, environment

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

scholarly journals Legal protection of the Arctic environment related tourism activity

2020 ◽  
pp. 9-23
Author(s):  
Nikolai Kudelkin
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The Arctic ◽  
Infrastructure Development ◽  
Negative Consequences ◽  
Negative Effects ◽  
Economic Sectors ◽  
Arctic Environment ◽  
Cruise Tourism ◽  
Tourism Activity

The Arctic continues to attract more and more tourists. In some of the Arctic regions, tourism in general and cruise tourism in particular is becoming one of the fastest growing economic sectors. However, aside from the economic benefit, the Arctic tourism poses a certain threat to the sensitive environment of the Arctic, which currently experiences constantly increasing pressure from economic activity and climate change. Major negative consequences of tourism activity include the pollution of territories and water zones, worry of animals, direct destruction of flora and fauna, loss of the places of habitat due to infrastructure development, etc. The listed facts underline relevance of the selected topic of research, as well as the need for legal protection of the Arctic environment from negative effects caused by tourism. Analysis is conducted on the current situation in the area of Arctic tourism, as well as the questions of Russia’s Arctic policy pertaining to tourism activity. A brief overview is provided to the international legal regulation in this sphere. The author concludes on the insufficiency of legal regulation in the area of Arctic tourism, and gives recommendations on the improvement of Russian legislation. It is noted that tourism is one of the few types of activities in the Arctic that sparks interests of multiple countries, and in which the acceptance of universal standards seems possible.

scholarly journals Environmental protection as a factor of agricultural development in the Republic of Serbia

2020 ◽  
Vol 67 (4) ◽  
pp. 1367-1379
Author(s):  
Vladimir Šebek
Keyword(s):  
Environmental Impact ◽  
Environmental Protection ◽  
Agricultural Development ◽  
Legal Regulation ◽  
Economic Activities ◽  
Research Areas ◽  
Analysis Of Results ◽  
The Republic ◽  
Legal Entities

Public concern about the environmental impact of economic activities has significantly increased around the globe in recent years. Within the scope of unlawful acts, environmental delicts are among the most serious ones in terms of environmental impact, the consequences of which directly affect the quality and development of agriculture as the main branch of economic activity. The issue of environmental protection and liability can be approached from different perspectives, and the focus of the present research will be on the analysis of environmental delicts committed by legal entities, taking into consideration the importance and role of these entities in agriculture. In addition to general assumptions on legal regulation of the liability of legal entities, the authors also presented the results of research on legal entities reported, charged, and convicted for environmental delicts in the Republic of Serbia in the period from 2010 to 2017, with a special emphasis on the analysis of results obtained in the abovementioned research areas for the territory of AP Vojvodina.

Environmental Protection and Economic Development: You Can't Have your Cake and Eat it too - With the Purpose of the Environmental Law for Perspective

2014 ◽  
Vol 675-677 ◽  
pp. 1826-1829
Author(s):  
Ting Ting Wu
Keyword(s):  
United States ◽  
Economic Development ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Environmental Law ◽  
Science And Technology ◽  
Value Orientation ◽  
Environment Protection ◽  
Coordinated Development ◽  
Development And Environment

" Science and technology with law " is the world's environmental protection experiences lessons. Our country's current environmental protection law has been unable to effectively solve the increasingly serious environmental problems.The environmental protection law " dualism " ,which claiming that economic development and environment protection coordinated development ,is the shield of environmental pollution and waste of resources . Through comparing and analyzing of our country's , United States' and Japan's current environmental law legislation purpose and the effect of the practice by case , puts forward query to environmental law legislation 'purpose dualism' , further presents '"purpose monism" that taking "protecting environment, maintaining ecosystem " as the basic value orientation.

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

scholarly journals Legal regulation of measures for the use and protection of forests

2021 ◽  
pp. 69-73
Author(s):  
Radmir IKSANOV ◽  
◽  
Igor VLADIMIROV ◽  
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Local Population ◽  
Legal Protection ◽  
Legal Regulation ◽  
Nature Management ◽  
Forest Protection ◽  
The Russian Federation ◽  
Forest Users ◽  
Legal Mechanism

Forest violations are a special type of offenses that infringe on the order of rational nature management and environmental protection. The purpose of this study is to analyze legal measures for the use and protection of forests. The relevance of the work lies in the fact that the problem of legal protection of forests is manifested in the mechanism of exercising the powers of forest protection by the constituent entities of the Russian Federation, therefore, the solution to this problem should be developed and implemented by the efforts of state bodies, public associations and the local population. The paper lists the problems of the legal mechanism of forest protection, defines its subjects, discloses the problems in the field of control and supervision activities by forest users.

scholarly journals Legal relations peculiarities as a subject of legal regulation in the complex law branch

2020 ◽  
Vol 5 (5) ◽  
pp. 15-22
Author(s):  
Lyudmyla Dobroboh
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Environmental Protection ◽  
Theoretical Study ◽  
Environmental Law ◽  
Legal Regulation ◽  
Future Generations ◽  
The Subject ◽  
Selection Of

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.

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