The Concept of Sustainable Development as a Constitutive Element of the Polish Political and Legal System and a Specific Human Right

Kenya’s legal system is characterised by a plurality of constitutional norms that are relevant for governing the relationship between the environment and the people. Key among these are the principle of sustainable development (SD) and the human right to a clean and healthy environment (HRHE). Both norms were constitutionalised in 2010, a development that represents what scholars have termed environmental constitutionalism and sustainability constitutionalism, respectively. The constitutionalisation of the principle of SD and the HRHE is a welcome development which has the potential to fill some gaps that existed in the old constitutional arrangement. At the same time, this development is set against a backdrop of critical debates that question their effectiveness in regard to environmental protection. This article demonstrates that the two norms have developed in a manner that is responsive to the salient criticism raised against them. Moreover, courts in Kenya have construed them as complementary norms. Specifically, courts in Kenya have applied the HRHE to clarify the meaning and scope of the environmental prong of SD and construed the duty to pursue ecologically SD (a component of SD) as encompassing the obligation to protect ecological processes that support all life.

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Integrating Environmental Requirements into Vietnamese Sectoral Laws – Roles and Recommendations

Environmental Policy and Law ◽

10.3233/epl-201010 ◽

2020 ◽

pp. 1-9

Author(s):

Mai Thanh Dung ◽

Nguyen Minh Khoa ◽

Phan Thi Thu Huong

Keyword(s):

Sustainable Development ◽

Law Enforcement ◽

Environmental Protection ◽

Legal System ◽

Environmental Regulations ◽

Environmental Issues ◽

Environmental Policies ◽

Environmental Concerns ◽

Environmental Requirements ◽

Environmental Considerations

The need for sustainable development underscores the role and importance of integrating environmental concerns in non-environmental policies because it is evident that environmental regulations only are insufficient to manage all environmental issues. Law enforcement on environmental protection in Vietnam clearly demonstrates this situation. Vietnam’s legal system of environmental protection is incompatible or overlapped with other sectoral laws and in fact many environmental matters have been implemented in accordance with sectoral laws while disregarding environmental considerations due to the lack of specific and explicit environmental provisions or requirements in sectoral laws and regulations. From that situation, the paper emphasizes the need to integrate environmental protection requirements into the sectoral laws of Vietnam and proposes some fundamental criteria and procedures to integrate environmental requirements into sectoral laws.

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Research on Countermeasures Used in Low-Carbon Economy to Promote the Sustainable Development in Fujian Province of China

Advanced Materials Research ◽

10.4028/www.scientific.net/amr.347-353.2811 ◽

2011 ◽

Vol 347-353 ◽

pp. 2811-2814

Author(s):

Nan Zhu ◽

Bao Ming Li

Keyword(s):

Economic Growth ◽

Sustainable Development ◽

Legal System ◽

Low Carbon ◽

Fujian Province ◽

Conservation Of Energy ◽

The Sustainable Development ◽

Low Carbon Economy ◽

Develop Economy ◽

Carbon Economy

Low-carbon economy is a new path which our country is taking to develop economy. As one of the provinces in the southeast coast of China, Fujian develop a low-carbon economy directly relating to the transformation of its economic growth, conservation of energy, improvement of productivity, innovation of technology and so on. We can say that the development of low-carbon economy directly affects the sustainable development of economy and society in Fujian province of China. Therefore, firstly, we believe that government and enterprise should optimize the allocation of resource and improve the utilization of resource. Secondly, the tax policies are supposed to adjust to stimulate the development of environmental protection industry. Thirdly, government should accelerate the construction of infrastructures. Fourthly, the legal system needs to be built and perfected so as to promote the development of low-carbon economy. At last, the investment of techniques is supposed to increase to a certain degree, and the ability of innovation and management of enterprises should be promoted to adapt the development of low-carbon economy of Fujian province.

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The Determinants of Access to Sanitation: The Role of Human Rights and the Challenges of Measurement

Water ◽

10.3390/w13121676 ◽

2021 ◽

Vol 13 (12) ◽

pp. 1676

Author(s):

Rebecca Schiel ◽

Bruce M. Wilson ◽

Malcolm Langford

Keyword(s):

Sustainable Development ◽

Human Rights ◽

Field Data ◽

Data Availability ◽

Regression Analyses ◽

Human Right ◽

Sustainable Development Goal ◽

Development Goal ◽

The Sustainable Development

Ten years after the United Nation’s recognition of the human right to water and sanitation (HRtWS), little is understood about how these right impacts access to sanitation. There is limited identification of the mechanisms responsible for improvements in sanitation, including the international and constitutional recognition of rights to sanitation and water. We examine a core reason for the lack of progress in this field: data quality. Examining data availability and quality on measures of access to sanitation, we arrive at three findings: (1) where data are widely available, measures are not in line with the Sustainable Development Goal (SDG) targets, revealing little about changes in sanitation access; (2) data concerning safe sanitation are missing in more country-year observations than not; and (3) data are missing in the largest proportions from the poorest states and those most in need of progress on sanitation. Nonetheless, we present two regression analyses to determine what effect rights recognition has on improvements in sanitation access. First, the available data are too limited to analyze progress toward meeting SDGs related to sanitation globally, and especially in regions most urgently needing improvements. Second, utilizing more widely available data, we find that rights seem to have little impact on access.

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The Environmental Education Dimensions for Sustainable Development

Journal of Legal Studies ◽

10.1515/jles-2015-0007 ◽

2015 ◽

Vol 16 (30) ◽

pp. 18-30

Author(s):

Martian Iovan

Keyword(s):

Social Sciences ◽

Sustainable Development ◽

Environmental Education ◽

Personality Traits ◽

Moral Education ◽

Empirical Research ◽

Civic Education ◽

Environmental Ethics ◽

Human Right ◽

Civil Values

Abstract Based both on a historical approach regarding the evolution of the environmental education between 1960 and present days, and on empirical research as well, the author proves that the efficiency of the environmental education could be much higher if included within the broader sphere of moral and civic education and if it is driven by a more extensive ideal sprung from the fundamental human right to a clean and well preserved environment, by the contemporary moral and civil values. The author pleads and motivates for an increased capitalization of the humanities and social sciences, of art, of environmental ethics and aesthetics in shaping “the ecological personality” of the tomorrow people. When shaping these personality traits through environmental education activities, one must emphasize the importance of practice and applied actions aimed to protect the environment, and in general, the practice of civic-moral education methods.

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Epilogue

Forgiveness Work ◽

10.23943/princeton/9780691172040.003.0010 ◽

2020 ◽

pp. 264-270

Author(s):

Arzoo Osanloo

Keyword(s):

Death Penalty ◽

Legal System ◽

Crucial Role ◽

Differential Treatment ◽

Human Right ◽

Social Field ◽

Regulatory Scheme ◽

Bureaucratic State

This epilogue looks at the modern bureaucratic state. It considers what it means for a state's regulatory scheme to be comprised of such a range of free-roaming and diverse actors who operate in a semi-autonomous social field and participate in shaping and regulating its operations. Consequently, the epilogue reflects on what forgiveness work means for rights, law, and the higher aims of the Qur'anic mandate of mercy. Mercy means a lessening of deserved punishment (leniency) and, at the same time, mercy's very presence suggests injustice lies everywhere. That is, where there is mercy, there is injustice. However, mercy can play a crucial role in bringing about justice. The insistence on mercy, even if it is a power from above, can offer a crucial corrective to injustice. In some ways, this feature of the legal system explains the involvement of government agents in forgiveness work and suggests the basis for the state's differential treatment of anti-death penalty or human right activists versus forgiveness workers.

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Progress and Prospects of China in Implementing the Goal 14 of the 2030 Agenda for Sustainable Development

Chinese Journal of Urban and Environmental Studies ◽

10.1142/s2345748119400062 ◽

2019 ◽

Vol 07 (01) ◽

pp. 1940006

Author(s):

Feng CUI ◽

Bin SHEN

Keyword(s):

Sustainable Development ◽

International Cooperation ◽

Global Governance ◽

Legal System ◽

Pollution Control ◽

Marine Pollution ◽

Marine Resources ◽

Sustainable Utilization ◽

2030 Agenda ◽

Marine Environmental

Following the entry into force of the 2030 Agenda for Sustainable Development, China has rapidly established key areas and priorities for its implementation, and Goal 14 focusing on sustainable marine development (hereinafter referred to as “SDG 14”) has been attached with great importance. This paper illustrates China’s implementation of SDG14 from four aspects: marine pollution control, conservation of marine environment, sustainable utilization of marine resources and international cooperation in global governance, and concludes that SDG14 has been implemented well on the whole in China. On this basis, the paper looks to the future sustainable development of ocean in China, and suggests improving the legal system, strengthening marine environmental monitoring, and advancing international cooperation for ocean sustainable development.

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A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

Religion and Human Rights ◽

10.1163/18710328-12341277 ◽

2015 ◽

Vol 10 (1) ◽

pp. 45-62 ◽

Cited By ~ 1

Author(s):

Charlotte Baines

Keyword(s):

Legal System ◽

Religious Freedom ◽

Status Quo ◽

The Other ◽

Faith Communities ◽

Human Right ◽

The Status ◽

Research Gap ◽

The One ◽

The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

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Special Education History, Current Status and Future: India

Journal of International Special Needs Education ◽

10.9782/2159-4341-16.1.5 ◽

2013 ◽

Vol 16 (1) ◽

pp. 5-16 ◽

Cited By ~ 3

Author(s):

Pavan John Antony

Keyword(s):

Special Education ◽

Public Schools ◽

Legal System ◽

People With Disabilities ◽

Current Status ◽

Education History ◽

Unresolved Issue ◽

Human Right ◽

British Rule ◽

Laws And Policies

Education of all children in public schools, including those with disabilities, continues to be an unresolved issue in many countries around the globe. While education of all children is mandated by law and considered a basic human right in many countries, the current status of implementation varies. India, for example, is an ancient country that adopted several laws and policies for its citizens with disabilities after gaining independence from British rule. Today, India legally requires the education of all children in schools; however, despite this, millions of children with disabilities continue to remain out of school or receive little or no education. This paper discusses the special education history, legal system, current status and future for people with disabilities in India.

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Can a Water Smart Grid Help Society Achieve the Sustainable Development Goal of Water as a Human Right?

10.31224/osf.io/wxqg7 ◽

2019 ◽

Author(s):

Akhenaton-Andrew Jones

Keyword(s):

United States ◽

Sustainable Development ◽

Smart Grid ◽

Positive Outcome ◽

The United States ◽

Equitable Access ◽

Human Right ◽

The Sustainable Development ◽

Development Framework ◽

Development Goals

In the spirit of measuring what we care about, the UN Sustainable Development Goals (SDGs) provide guidelines to measure ``universal and equitable access to safe and affordable drinking water for all.'' In this work, I show where permanent or semi-permanent, autonomous or semi-autonomous technologies (objects, not processes) can measure and induce progress toward those goals and where they cannot. To do this, I apply the Institutional Analysis and Development Framework to each of the seven normative definitions from the SDGs as ``action arenas.'' For each normative definition, I examine if technologies exist or can be created to effect a positive outcome for consumers in that particular action arena using nine evaluative criteria. This analysis is applied to the United States as a case study considering its physical systems, regulations, and governance structures. This work, combined with efforts to translate the United States' systems and structures, can lead to multinational applicability. This paper examines how and when a water smart grid can and cannot be used effectively. I conclude that the material artifacts of a water smart grid can advance the SDG of safety and affordability. However, technology alone cannot assign people to jurisdictions, limiting its ability to advance goals of universal and equitable access.

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