National park as a legal form of nature protection – analysis of selected issues taking into account the example of the Ojcow National Park

2021 ◽  
Vol 1(23) ◽  
pp. 175-190
Author(s):  
Paweł du Vall
Keyword(s):  
National Parks ◽  
National Park ◽  
Legal Framework ◽  
Global Scale ◽  
Habitats Directive ◽  
European Union Law ◽  
Nature Protection ◽  
Legal Form ◽  
Legal Provisions ◽  
Polish Law

For many years – equally on a global scale, at the European level as well as in Poland – necessary actions have been taken aimed at creating an effective legal framework for nature protection. Nature is protected under international law, European Union law and Polish law. The acts of European law which should be pointed out from the perspective of this article (besides the EU Treaties) are the so-called Birds Directive and Habitats Directive. The Polish Constitution of 2 April 1997 stipulates that the Republic of Poland shall protect the national heritage and ensure environmental protection guided by the principle of sustainable development. In the domestic Polish law, the Act of 16 April 2004 on nature protection constitutes the basic legal act of a statutory rank defining objectives, principles and forms of protection of living and inanimate nature and landscape. The aim of this analysis of selected legal provisions regulating the functioning of national parks in Poland is an attempt to assess whether the existing law effectively protects nature, or whether it is rather a set of demands that are difficult or impossible to implement. This matter is crucial for the existence of such unique areas as the Ojcow National Park. The answer to the question whether the national park – as a form of nature protection – is protected in Poland in an effective way is ambiguous, which is illustrated by numerous examples, several of which are indicated in this article.

Into Russian Nature

2020 ◽  
Author(s):  
Alan D. Roe
Keyword(s):  
World War Ii ◽  
Environmental Protection ◽  
National Parks ◽  
International Organizations ◽  
National Park ◽  
World War ◽  
Nature Protection ◽  
Soviet Government ◽  
History Of ◽  
Development Goals

Into Russian Nature examines the history of the Russian national park movement. Russian biologists and geographers had been intrigued with the idea of establishing national parks before the Great October Revolution but pushed the Soviet government successfully to establish nature reserves (zapovedniki) during the USSR’s first decades. However, as the state pushed scientists to make zapovedniki more “useful” during the 1930s, some of the system’s staunchest defenders started supporting tourism in them. In the decades after World War II, the USSR experienced a tourism boom and faced a chronic shortage of tourism facilities. Also during these years, Soviet scientists took active part in Western-dominated international environmental protection organizations, where they became more familiar with national parks. In turn, they enthusiastically promoted parks for the USSR as a means to reconcile environmental protection and economic development goals, bring international respect to Soviet nature protection efforts, and help instill a love for the country’s nature and a desire to protect it in Russian/Soviet citizens. By the late 1980s, their supporters pushed transformative, and in some cases quixotic, park proposals. At the same time, national park opponents presented them as an unaffordable luxury during a time of economic struggle, especially after the USSR’s collapse. Despite unprecedented collaboration with international organizations, Russian national parks received little governmental support as they became mired in land-use conflicts with local populations. While the history of Russia’s national parks illustrates a bold attempt at reform, the state’s failure’s to support them has left Russian park supporters deeply disillusioned.

scholarly journals Ecosystem Health Assessment of Shennongjia National Park, China

2020 ◽  
Vol 12 (18) ◽  
pp. 7672
Author(s):  
Huan Wang ◽  
Peng Hou ◽  
Jinbao Jiang ◽  
Rulin Xiao ◽  
Jun Zhai ◽  
...  
Keyword(s):  
National Parks ◽  
National Park ◽  
Ecosystem Health ◽  
Health Assessment ◽  
Remote Sensing Data ◽  
Nature Protection ◽  
Study Region ◽  
Ecosystem Health Assessment ◽  
Health Level ◽  
Rate Of Improvement

Ecosystem health assessment is an important part of improving the management of national parks. In this paper, Shennongjia National Park is taken as the study region. By using satellite remote sensing data from 2000 to 2018, based on the Vitality Organization Resilience (VOR) model, an ecosystem health assessment is created and its spatiotemporal characteristics are analyzed. In the whole region, the ecosystem’s health level has gradually improved; the rate of improvement of the ecosystem’s health level from 2016 to 2018 has been 2.5-times that of the overall rate and the trend of improvement has been obvious. The rate of improvement of the ecosystem’s health level of non-nature protection areas has improved two-fold; the same is true of nature protection areas, and the stability change trend of the two areas has basically been the same. The establishment of national parks has played a significant role in promoting the health of the regional ecosystem. In future planning, relevant departments should pay attention to the ecological protection and restoration of the area and optimize the traditional area layout of Shennongjia National Park.

scholarly journals STRATEGIC MANAGEMENT AND MANAGEMENT TOOLS FOR NATIONAL PARKS IN SERBIA

2021 ◽  
Author(s):  
Milica Dobričić ◽  
◽  
Milica Maksić Mulalić ◽  
Keyword(s):  
Strategic Management ◽  
National Parks ◽  
Public Interest ◽  
Legal Framework ◽  
Strategy Management ◽  
Nature Protection ◽  
Management Tools ◽  
The Public ◽  
Protection Strategy ◽  
Management Plans

The management of the national parks Tara, Fruška Gora, Djerdap and Kopaonik and the activities of the managers in Serbia are affairs of the public interest. The manner of their strategic management is defined by the legal framework in the field of nature protection and it implies the adoption and the implementation of documents, such as the nature protection strategy, management plans and spatial plans for the special purpose areas. The paper particularly emphasizes the importance of adopting management plans for national parks, as basic documents for their management, as well as their harmonization with the spatial plans for the special purpose areas, as specific instruments for the management of these areas. It points out the importance of establishing governing bodies, such as a professional alliance and a council of users of national parks, which would improve their management and incorporate the interests of local people and users of space. In accordance with the above, this paper aims to point out the importance of strategic management and strategic documents in the field of protection and management of national parks in Serbia and give suggestions for their improvement.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

scholarly journals Evaluation of national parks on the basis of Nature 2000 areas

2017 ◽  
Vol 28 (4) ◽  
pp. 33-36
Author(s):  
Ryszard Kapuściński ◽  
Katarzyna Szyszko-Podgórska
Keyword(s):  
National Parks ◽  
National Park ◽  
Habitats Directive ◽  
Standard Data ◽  
Natural Objects ◽  
Birds Directive

Abstract The goal of this work is to present the valorisation of national park based on the criteria resulting from standard data forms (SDF). The analysis covered a number of areas protected under the Birds Directive and Habitats Directive with the A, B or C category. Habitats and species marked as D in the SDF are not protected in the Nature 2000 areas, which is why they were not taken into account in the analysis. The presented characteristics made it possible to determine the hierarchy of national parks amongst the most valuable natural objects that deserve protection in the first place and also to verify the views on most valuable areas.

scholarly journals Overview of Nature Protection Progress in Kosovo

2015 ◽  
Vol 45 ◽  
pp. 1-10 ◽  
Author(s):  
Zeqir Veselaj ◽  
Behxhet Mustafa
Keyword(s):  
Protected Areas ◽  
National Parks ◽  
Threatened Species ◽  
National Park ◽  
Red List ◽  
Area Network ◽  
Significant Progress ◽  
Nature Protection ◽  
Management Measures ◽  
Conservation And Management

This paper presents an overview of progress in the area of nature conservation in the last decade in Kosovo. Two very important laws were promulgated in 2012 about two national parks: Bjeshket e Nemuna and Sharri National park. With this expansion, the protected area network that in 2003 was about 4.36 % of the territory was increased to 10.9%, reaching a satisfactory degree of protected areas and increasing the number of protected areas in a total of 116. While in terms of conservation of protected areas a significant progress has been achieved, stagnation is seen in the conservation of rare and threatened species of flora and fauna. Although envisaged by legislation, the Red List of Kosovo of rare and threatened species has not been adopted yet. Also, there is a small progress in the implementation of practical conservation and management measures contained in the legislation.

scholarly journals 'Police boys' and poachers: Africans, wildlife protection and national parks, the Transvaal 1902 to 1950

Koedoe ◽  
1993 ◽  
Vol 36 (2) ◽  
Author(s):  
Jane Carruthers
Keyword(s):  
National Parks ◽  
National Park ◽  
Kruger National Park ◽  
Environmental Concerns ◽  
Nature Protection ◽  
Wildlife Protection ◽  
Race And Class ◽  
Humanistic Approach ◽  
Political Dimensions ◽  
The Impact

The concentration on pure scientific research in the Kruger National Park has resulted in a neglect of a humanistic approach to nature conservation issues. The lack of human and political dimensions in important scientific contributions are serious short-comings in the light of present politico-environmental concerns. The impact of race and class on wildlife protection needs to be integrated. Scientifically sound but culturally chauvinistic protectionist strategies have been imposed upon disadvantaged African communities unable to articulate or formulate alternatives. African participation has usually either been ignored or relegated to patronizing and oversimplified accounts of Africans in the roles of 'native rangers' or 'poachers'. This police-poacher view is countered by an over-simplified African perception of national parks as being of benefit only to elitist white recreation. These divergent perceptions have important implications for the future of nature protection in South Africa.

scholarly journals Administrator danych w polskich parkach narodowych (wybrane aspekty prawno-administracyjne)

2019 ◽  
pp. 41-51
Author(s):  
Jarosław Dobkowski ◽  
Jakub Goerick
Keyword(s):  
Public Sphere ◽  
National Parks ◽  
National Park ◽  
Personal Data ◽  
Nature Protection ◽  
The Public ◽  
The Public Sphere ◽  
Data Controller

The article presents an outline of the problem of determining personal data administrator in the public sphere on the example of one of the forms of nature protection in Poland – national parks. The research focused on the differences between legal defnitions of a data controller that has an essential impact on the process of separating a data controller in a national park. The whole is fnished with de lege ferenda postulates, which would solve this problem. 

scholarly journals On Legal Interpretation of Basic Consumer Rights

2013 ◽  
Vol 32 (1) ◽  
pp. 9-23
Author(s):  
Teresa Mróz
Keyword(s):  
Legal Protection ◽  
Typical Feature ◽  
Practical Significance ◽  
Legal Interpretation ◽  
European Union Law ◽  
Basic Premise ◽  
Legal Provisions ◽  
Consumer Rights ◽  
Polish Law ◽  
Basic Consumer

Abstract. The liability of an entrepreneur towards a consumer is the specific kind of contractual responsibility. The typical feature of this regime is weakness of two principles that are basic for market economy: freedom of contracts and pacta sunt servanda principle. This liability is regulated by specific acts of law. Its object is to intensify the legal protection of the consumer. Nowadays in the Polish law, the form of legal provisions concerning pro- tection of the consumer, is influenced by European Union law, especially con- sumerist directives. The Act on specific terms and conditions of consumer sale, on 27th July 2002, has huge practical significance. The basic premise of this lia- bility is the fact of ’nonconformity of goods with the contract’. Therefore there is no need to prove any damage and other premises inseparably connected with damage liability. Moreover, it must be noticed that normally specific acts of law concerning protection of the consumer, do not entirely realize the compensatory function which is typical of general principles of contractual responsibility.

scholarly journals ECONOMIC BENEFITS OF ŠUMAVA NATIONAL PARK

2020 ◽  
Author(s):  
Josef Stemberk ◽  
Keyword(s):  
Czech Republic ◽  
National Parks ◽  
Protected Area ◽  
National Park ◽  
Economic Benefits ◽  
Main Task ◽  
Nature Protection ◽  
The Czech Republic ◽  
Current State ◽  
Bavarian Forest

The main task of nature protection is to preserve or improve the current state of nature. Thus, it might seem that the economic benefits of the national park are not important for the management of the protected area, but calculating the economic benefits of protected areas for the region improves its acceptance among locals and visitors, as well as political and economic actors. From 2017 to 2019, Šumava National Park (Bohemian Forest National Park) in the Czech Republic and Nationalpark Bayerischer Wald (Bavarian Forest National Park) were subjected to extensive socio-economic monitoring, which included, among other things, research focusing on the economic benefits that visitors brought to both national parks. This article presents the results of research of the regional economic benefits that visitors brought to Šumava National Park compared with those in Bavarian Forest National Park, although the methods and findings were not absolutely identical and therefore difficult to compare.

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