scholarly journals THE ENVIRONMENTAL ISSUE IN BRAZIL: A MATTER OF PRINCIPLES

2018 ◽  
Vol 2 (2) ◽  
pp. 251-265
Author(s):  
Marco Aurelio Peri Guedes

The current study aims to study the challenges related to Environmental Protection Legal System in Brazil. In fact, although Brazilian legislation concerning environmental protection and reasonable use of natural resources is quite satisfactory in theoretical perspective, the greatest hindrances to nation-wide more efficient environmental protection are the lack of environmental culture and government commitment, which results in insufficient human resources and budgetary provisions to enforce the goals established in legislation. The consequences of such diagnosis is that environmental supervision in the Brazilian Republic occurs mostly at local level and sorely needs of nation-wide enforcement and coordination. 

2018 ◽  
Vol 2 (2) ◽  
pp. 251-265
Author(s):  
Marco Aurelio Peri Guedes

The current study aims to study the challenges related to Environmental Protection Legal System in Brazil. In fact, although Brazilian legislation concerning environmental protection and reasonable use of natural resources is quite satisfactory in theoretical perspective, the greatest hindrances to nation-wide more efficient environmental protection are the lack of environmental culture and government commitment, which results in insufficient human resources and budgetary provisions to enforce the goals established in legislation. The consequences of such diagnosis is that environmental supervision in the Brazilian Republic occurs mostly at local level and sorely needs of nation-wide enforcement and coordination. 


2018 ◽  
Vol 2 (2) ◽  
pp. 251-265
Author(s):  
Marco Aurelio Peri Guedes

The current study aims to study the challenges related to Environmental Protection Legal System in Brazil. In fact, although Brazilian legislation concerning environmental protection and reasonable use of natural resources is quite satisfactory in theoretical perspective, the greatest hindrances to nation-wide more efficient environmental protection are the lack of environmental culture and government commitment, which results in insufficient human resources and budgetary provisions to enforce the goals established in legislation. The consequences of such diagnosis is that environmental supervision in the Brazilian Republic occurs mostly at local level and sorely needs of nation-wide enforcement and coordination. 


2014 ◽  
Vol 2 (2) ◽  
pp. 251-265
Author(s):  
Marco Aurelio Peri Guedes

The current study aims to study the challenges related to Environmental Protection Legal System in Brazil. In fact, although Brazilian legislation concerning environmental protection and reasonable use of natural resources is quite satisfactory in theoretical perspective, the greatest hindrances to nation-wide more efficient environmental protection are the lack of environmental culture and government commitment, which results in insufficient human resources and budgetary provisions to enforce the goals established in legislation. The consequences of such diagnosis is that environmental supervision in the Brazilian Republic occurs mostly at local level and sorely needs of nation-wide enforcement and coordination. 


2012 ◽  
Vol 10 (1) ◽  
pp. 17-38 ◽  
Author(s):  
Muhammad Ali Hapsah ◽  
Wawan Mas’udi

East Kalimantan is a province full of paradoxes. This region has considerable economic potential measured in terms of its abundant endowments of natural resources, including oil, natural gas, gold, coal and forestry. Yet, East Kalimantan still lacks infrastructure, has poor human resources and high levels of unemployment, factors that condemn much of the population to a life of poverty and hardship. The new system of regional autonomy, which has been implemented since 2001, was expected to give more benefit to the regions, as regional governments have held relatively more power and fiscal capacity. Law 22/1999, which has been revised twice, has provided more authority to regional governments to manage their respective regions. The introduction of fiscal decentralisation through Law 25/1999, further revised in Law 33/2004, has favoured regions rich in natural resources such as East Kalimantan. As it has abundant natural resources, this region has received greatly increased funds from the central government due to the implementation of sharing revenue formula generated from the exploitation of natural resources. These supposed to give more opportunities for the rich regions such East Kalimantan to accelerate regional development and bring their people to greater prosperity. Nevertheless, East Kalimantan has realized neither the objectives of regional autonomy nor the community aspirations for a more prosperous society. This paper aims to examine the extent to which regional autonomy laws have impacted people's welfare in East Kalimantan.


2020 ◽  
pp. 1-9
Author(s):  
Mai Thanh Dung ◽  
Nguyen Minh Khoa ◽  
Phan Thi Thu Huong

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.


Author(s):  
Durga D Poudel

Sustainable conservation, development, and utilization of natural and human resources is necessary for accelerated economic growth and fast-paced socio-economic transformation of Nepal. Asta-Ja Framework, which is a theoretically grounded grassroots based peaceful and self-reliant planning and development approach, offers practical strategies for sustainable conservation and development of natural and human resources enhancing food, water, climate, and environmental security, accelerated economic growth, and socio-economic transformation of Nepal. Asta-Ja includes interconnected eight resources in Nepali letter, Ja, – Jal (water), Jamin (land), Jungle (forest), Jadibuti (medicinal and aromatic plants), Janashakti (manpower), Janawar (animal), Jarajuri (crop plants) and Jalabayu (climate). Asta-Ja Framework is a unifying framework for planning and resources development and has a strong footing on science, business, and eastern philosophy. While providing practical guidelines for achieving food, water, climate and environmental security, this article presents Nepal Vision 2040, which is developed considering challenges that Nepal is currently facing and its available Asta-Ja resources, envisioning that Nepal’s economic development reaching at the par of developed nations by 2040. Key strategic sectors identified in Nepal Vision 2040 include smallholder mixed-farming system, agro-jadibuti industrialization, protection of drinking water sources, climate change adaptation, environmental pollution control, conservation of natural resources, infrastructure, tourism, renewable energy, alleviation of inequalities, and good governance. This article demonstrates strategies for addressing social discrimination and inequalities through the process of Asta-Ja community capacity-building and self-reliant development. Ecological balance of Asta-Ja resources is necessary for sustainable natural resources, economic development, and community resiliency. The Government of Nepal is suggested to adopt Asta-Ja Framework as its national planning and development framework for sustainable economic growth and fast-paced socio-economic transformation of the country.


2019 ◽  
Vol 4 (4) ◽  
pp. 241-249
Author(s):  
Nataliya KOVSHUN ◽  
Nataliya PIATKA

Introduction. The processes of globalization and social transformation have made environmen-tal conservation a priority, and therefore require some action to be taken to address environ-mental issues and the rational use of natural resources. The solution of the existing problems depends to a great extent on the functioning efficiency of the financial security system established in the country, the established composition and the volume of financing sources and certain directions of their use, which necessitates their scientific-based analysis. The purpose of the study is to investigate the state of financing environmental measures in Ukraine, to study the directions, dynamics and structure of costs for environmental protection, identifying features of financing environmental protection. Results. The comprehensive analysis of the dynamics of costs for environmental protection and rational use of natural resources is carried out. The main components of environmental expenditures are identified. Costs for environmental protection and rational use of natural resources by financing sources have been structured. The dynamics and structure of capital investments by nature conservation measures are investigated. The dynamics of the share of expenditures for environmental protection and rational use of natural resources in the GDP of Ukraine, as well as the share of capital investments (environmental) in the structure of capital investments of Ukraine are analyzed. The features of the current state of financing environmental protection and rational use of natural resources are highlighted. Conclusions. The results of the research made it possible to identify the main problems in the field of financial support for environmental protection and to outline the ways of their solution. The necessity of investments mobilization into nature protection activity is proved through development of appropriate means of economic stimulation and their legislative fixing, which will allow to solve the problem of financial support of environmental protection by diversification of financing sources. Keywords: costs for environmental protection, environmental activities, environmental measures, recurrent costs, capital investments, cost structure, financial support.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law


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