scholarly journals Strategic Regulatory Instruments in Environmental Law of Russia

2020 ◽  
pp. 1671-1678
Author(s):  
Irina O. Krasnova ◽  
Valery N. Vlasenko
Keyword(s):  
Environmental Policy ◽  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Security ◽  
Federal Law ◽  
Legal Nature ◽  
Regulatory Instruments ◽  
Environmental Relationship ◽  
The Moment ◽  
National Environmental

At the moment, there are new types of legal acts emerging in environmental law of Russia. Despite the vague legal nature of the strategic documents, they are gaining relevance in regulating environmental relationship though the regulation by strategic documents has become an uncontrolled and unpredictable process. This article reviews strategic and political documents addressing protection of the environment, environmental security and nature use. It points out the necessity to find their place within the system of environment-related legal acts to build a clear hierarchy in the system, to raise the efficiency of laws and to create a functional enforcement mechanism. The authors suggest two options: to adopt a separate legislative act on the national environmental policy or to introduce a separate chapter into the Federal Law “On Environmental Protection”, or alternatively, to carry out codification of the adopted strategic instruments

12. International Environmental Law

2019 ◽  
pp. 375-417 ◽  
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Vital Role ◽  
Eu Law ◽  
International Environmental Law ◽  
Public International Law ◽  
Legal Nature ◽  
Institutional Landscape ◽  
National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

scholarly journals THE ISSUE OF FORMING OPTIMAL ECONOMIC POLICY OF ENVIRONMENTAL PROTECTION

2018 ◽  
pp. 169-174
Author(s):  
TARIEL LOMIA
Keyword(s):  
Environmental Policy ◽  
Environmental Pollution ◽  
Transaction Costs ◽  
Environmental Protection ◽  
Environmental Law ◽  
The State ◽  
External Costs ◽  
Controlling System ◽  
Expected Benefits ◽  
National Environmental

In the state the environmental policy faces three main issues, they are: The issue of internalization of external costs (i.e. the issue of transaction costs), informing issues and the issues of control. The issue of transaction costs must be overcome by effective and active environmental policy. This can only be done if the ways of efforts of environmental policies are used to create (the use of instruments) situations on the market that are not voluntarily established. There is a precondition for this fact if the environmental policy conductors have enough information about relationship between natural resources, production, technology and environmental impacts. In other ways how can we identify and determine the quantity of harmful substances that are allocated by different pollutants (e.g. setting limits of environmental pollution). So far, there is a huge deficit of the possibilities of obtaining and reacting to the information by the National Environmental Protection Service Officials all over the world. It is also unclear whether the state has the possibility to examine the legality of the environmental law by the economic subjects (control problem), the discussion on the size of radioactive irradiation is still relevant. In case of violation of legislative norms on environmental pollution by the economic subjects, the controlling system must have more effective sanctions (violators should pay higher cost of expenses than expected benefits).

Environmental Law and Economics

2017 ◽  
pp. 508-542 ◽  
Author(s):  
Michael A. Livermore ◽  
Richard L. Revesz
Keyword(s):  
Environmental Policy ◽  
Policy Making ◽  
Law And Economics ◽  
Environmental Law ◽  
Policy Decision ◽  
The United States ◽  
Decision Makers ◽  
Instrument Choice ◽  
Regulatory Instruments ◽  
Recent Developments

This chapter begins with a brief general overview of the economics of environmental law. It then focuses on recent developments in the field of environmental law and economics, with an emphasis on the experience of the United States. When setting environmental policy, decision makers must address two general types of questions. The first concerns the ends of environmental policy, and examines the socially desirable level of environmental quality. The second type of question concerns the means of policy making and focuses on the types of regulatory instruments that will be used and the allocation of responsibility between governmental actors. Section 2 addresses the first type of question concerning the goals of environmental policy. Sections 3 and 4 address the means of environmental policy, focusing on instrument choice and jurisdictional allocation, respectively.

scholarly journals Institutional Foundations of Ukraine’s Transition to the Green Economy

2020 ◽  
Vol 11 (4) ◽  
pp. 16
Author(s):  
Igor Timoshenkov ◽  
Vitalina Babenko ◽  
Olga Nashchekina ◽  
Оksana Makovoz
Keyword(s):  
Environmental Protection ◽  
Social Relationships ◽  
Environmental Law ◽  
Environmental Security ◽  
Green Economy ◽  
Economic Institutions ◽  
Environmental Legislation ◽  
Institutional Foundations

Possibilities and impediments to Ukraine transition to the Green Economy have been analyzed. The development and improvement of Ukraine environmental law have been determined as the obligatory condition of this transition. The main objectives of the environmental law improvement have been formulated: improving the quality and effectiveness of economic institutions, regulating social relationships in the sphere of environmental protection and assuring the environmental security of society. Codification of Ukraine environmental legislation and adoption of Ukraine environmental code have been characterized as the main way of achieving these objects.

scholarly journals LEGAL ASPECTS OF THE ENVIRONMENTAL PROTECTION POLICY IN THE REPUBLIC OF POLAND. SELECTED ISSUES

2020 ◽  
Vol 50 (50) ◽  
pp. 45-53
Author(s):  
Paweł Kamiński ◽  
Ilona Radziwon-Kamińska ◽  
Agnieszka Targońska
Keyword(s):  
Environmental Policy ◽  
Environmental Protection ◽  
Main Tool ◽  
Scientific Publications ◽  
Protection Policy ◽  
Legal Method ◽  
Environmental Protection Policy ◽  
The Republic ◽  
National Environmental ◽  
National Environmental Policy

Environmental protection policy is a multi-faceted issue which interests researchers in different branches of knowledge. The implementation of solutions of the environmental protection may take different forms among which are legal instruments. One of those legal instruments is the environmental protection policy. The aim of this article is to analyse this policy and to evaluate its functioning in the Republic of Poland as one of the public policies. Furthermore, a crucial part of this article is to define the environmental protection policy, national environmental policy and its legal bases. What is more, the article will present the analysis of purposes, directions and areas included in the Polish National Environmental Policy - 2030. To make this analysis complete it is required to indicate symptoms of the sustainable development in the environmental protection policy. As a main tool of consideration, the dogmatic-legal method, has been used. The analysis of the main topic consists of legal acts and literature on the subject (containing Polish and foreign scientific publications).

In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

scholarly journals FEATURES OF CONCLUDING A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT IN THE FIELD OF ENVIRONMENTAL PROTECTION AND INVESTMENT ATTRACTIVENESS OF THE ENVIRONMENTAL SECTOR FOR PRIVATE PARTNERS

2019 ◽  
Vol 29 (6) ◽  
pp. 794-800
Author(s):  
A.A. Babich
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Private Partnerships ◽  
Federal Law ◽  
Private Partnership ◽  
The Russian Federation ◽  
Partnership Agreement ◽  
The Moment ◽  
State Of Affairs

The article discusses the problems of legal regulation of public-private partnerships in the field of environmental protection, the procedures for concluding an agreement on public-private partnerships in the framework of Federal Law dated 13.07.2015 No. 224-ФЗ On Public-Private Partnerships, Municipal-Private Partnerships in the Russian Federation and amending certain legislative acts of the Russian Federation”, as well as increasing the investment attractiveness of the environmental protection sphere for private partners. The relevance of this topic is due to the fact that at the moment both projects aimed at protecting the environment and projects in other sectors of the economy are implemented mainly within the framework of concession legislation, and the norms of specialized legislation remain unclaimed by the participants of these relations. According to the author, the reasons for this state of affairs are, inter alia, the problems considered in the article. The findings of the study can be used to build a model of legal regulation of public-private partnerships in the field of environmental protection, as well as to formulate scientifically based proposals for improving legislation. In addition, the investment attractiveness of the environmental sector for private partners is also an economic topic, therefore, it is of interest to study by economists, whose research and proposals in this area will be important for the legal community.

scholarly journals Fifth level of organisation of environmental protection systems: International law. Evolution of institutions of environmental global policy

2019 ◽  
Vol 6 (6) ◽  
pp. 41-47
Author(s):  
Dmitry M. Astanin
Keyword(s):  
Environmental Policy ◽  
International Law ◽  
Environmental Protection ◽  
Biological Diversity ◽  
Environmental Law ◽  
Environmental System ◽  
The World ◽  
Global Environmental Policy ◽  
Modern Classification ◽  
Multi Level

The analysis of the historical process of the formation of the global environmental policy of the modern states of the world in the context of the development of a multi-level environmental system is carried out. The main influence of the first International Environmental Conference in Bern 1914 on the organisation of interstate environmental authorities, the creation of the United Nations for approval of the Stockholm Declaration of 1972 and the Rio de Janeiro Declaration of 1992, which formed the modern classification of objects of environmental law, forms international eco-cooperation, ranking system of environmental policy. The thesis of the need for mutual coordination of all the participants in a multi-level environmental process, the inability of modern environmental authorities to effectively solve tasks in view of the lack of a joint action program of the world environmental system was put forward. Keywords: Environmental policy, environmental protection system, environmental law, international law, landscape and biological diversity.

scholarly journals Fiscal Policy Measures of Air Protection: Ukrainian Realities and the EU Experience

2020 ◽  
Vol 9 (2) ◽  
pp. 315-334
Author(s):  
Volodymyr Kurylo ◽  
Yevheniia Duliba ◽  
Inna Kurylo ◽  
Viktor Mushenok
Keyword(s):  
Environmental Policy ◽  
Fiscal Policy ◽  
Natural Resources ◽  
Environmental Protection ◽  
Environmental Taxation ◽  
Atmospheric Air ◽  
Rational Use ◽  
Policy Measures ◽  
National Environmental ◽  
National Environmental Policy

Nowadays environmental protection and the rational use of natural resources have become priorities of the state-building strategy in almost all developed countries of the world.  Effective financing of these activities is required for the development and adoption of national targeted, local programs for environmental protection, for the sustainable development of society, for the rational use and reproduction of natural resources.  The article is devoted to the research of the current tendencies of the use of fiscal policy measures in the implementation of the national environmental policy in the sphere of atmospheric air protection in Ukraine.  The ways of improvement of environmental taxation and development of the main ways of development and expansion of the system of ecological taxation and ecological governance in Ukraine were discovered. Keywords: atmospheric air, environmental air safety, fiscal policy, environmental taxation, implementation of the national environmental policy,

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