scholarly journals Zrównoważony rozwój w tradycji prawnej Chińskiej Republiki Ludowej

2021 ◽  
Vol 43 (2) ◽  
pp. 447-466
Author(s):  
Justyna Bazylińska-Nagler
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
International Law ◽  
Environmental Law ◽  
The European Union ◽  
Ecological Civilization ◽  
Public International Law ◽  
Research Fields ◽  
International Obligations ◽  
New Research

An old Chinese saying says: “Nature and man joined into one whole” (Tian Ren He Yi). One could think that Chinese political thought, extensively bound to religion, philosophy, and tradition, laid perfect foundations for the implementation of public international law sustainable development principles. However, Chinese totalitarianism irreversibly changed the perception of the relation between humans and nature that used to be deeply rooted in traditional culture. The purpose of this work was to analyze the evolution of Chinese attitude towards sustainable development that serves environmental protection. The key issue concerning the Chinese willingness to fulfill their international obligations concerning sustainable development had to be addressed. Equally important was the question about the integration principle in Chinese law which would imply balancing environmental needs with economic development in all state politics as it does in the EU law under article 11 of the Treaty on the Functioning of the European Union. The research shows that Chinese environmental law has been notablyshaped by public international law in correlation to its standards and has developed significantly forthe last 35 years. A good example may be the amendment of 2014 of Chinese Environmental Law that implemented expressis verbis sustainable development as a priority before economic development. However, it seems to be a landmark change, opening new research fields considering its future execution. Considering the above, this work concludes with some moderate but ironic optimism linked to the current plan of the People’s Republic of China to build „ecological civilization.”

Environmental Principles Across Jurisdictions

2019 ◽  
pp. 650-677
Author(s):  
Eloise Scotford
Keyword(s):  
International Law ◽  
New South ◽  
Environmental Law ◽  
Legal Reasoning ◽  
The European Union ◽  
General Phenomenon ◽  
Public International Law ◽  
South Wales ◽  
Legal Innovation ◽  
Legal Thinking

This chapter examines environmental principles as a general phenomenon in environmental law, with particular emphasis on how they can connect, catalyse, and inspire legal thinking in relation to environmental problems across jurisdictions. It first considers three ways in which environmental principles are developing as legal connectors across legal orders without constituting formal and universal norms of public international law: connection through soft law instruments, connection through judicial dialogue, and connection through legal scholarship. It then explores how environmental principles act as catalysts for legal innovation, offering a basis for new legal reasoning concerning environmental protection, using examples from four jurisdictions: the European Union, India, Brazil, and New South Wales (Australia). It suggests that legal innovations concerning environmental principles are not identical; therefore, the legal functions performed by environmental principles across jurisdictions cannot be understood in simple terms.

Corruption and anti-corruption local discourses and international practices in post-socialist Romania

Human Affairs ◽  
2013 ◽  
Vol 23 (2) ◽  
Author(s):  
Filippo Zerilli
Keyword(s):  
Cultural History ◽  
Research Literature ◽  
The European Union ◽  
The Past ◽  
Research Fields ◽  
Nation States ◽  
National Heritage ◽  
New Research ◽  
Local Discourses ◽  
The Cold War

AbstractIn the past two decades academic and research literature on “corruption” has flourished. During the same period organizations and initiatives fighting against corruption have also significantly expanded, turning “anti-corruption” into a new research subject. However, despite a few exceptions there is a division of labor between scholars who study corruption itself and those who study the global anti-corruption industry. Juxtaposing corruption’s local discourses and anti-corruption international practices, this article is an attempt to bring together these two intertwined research dimensions and explore how an ethnographic approach might contribute to framing them together. Firstly, it describes how corruption in Romania is often conceptualized and explained in terms of national heritage, something related to old and recent cultural history, including traditional folklore. Secondly, it explores how anti-corruption works in practice, focusing on international legal cooperation projects monitoring the progress and shortcomings both prior to and post Romania’s accession to the European Union. Finally, revealing the articulations of these two apparently unrelated research fields, the article argues that corruption’s local explanations and the circular logic of auditing observed within the anti-corruption industry share a common developmental ideology mirroring the crypto-colonialist structure of power relations and dependency among European nation-states emerging out of the Cold War.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

Part IV Fundamental Rights and Obligations, A Substantive Obligations, 11 The Obligation to Protect International Watercourses and Their Ecosystems

2019 ◽  
Author(s):  
McCaffrey Stephen C
Keyword(s):  
Water Pollution ◽  
Sustainable Development ◽  
Economic Development ◽  
International Law ◽  
Aquatic Ecosystems ◽  
Fundamental Rights ◽  
Clean Water ◽  
Human Welfare ◽  
Human Needs ◽  
Basic Human Needs

This chapter looks at the obligation not to cause significant pollution to other states sharing freshwater resources, and of the emerging obligation to protect the ecosystems of international watercourses. While problems of water pollution have perhaps received more attention in the literature, it seems probable that the protection of watercourse ecosystems is of wider significance, in terms of geography, meeting basic human needs, and sustainable development. Sustainable development was endorsed at the 1992 Earth Summit as the proper approach to reconciling economic development with protection of the environment. It aims at ensuring that economic development will not exhaust the very resources on which it, and human welfare itself, depend. Clean water and healthy aquatic ecosystems are cornerstones of this effort. International law has now progressed to the point that it protects those values.

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 Brexit and Acquired Rights

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 440-444 ◽  
Author(s):  
Michael Waibel
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Public International Law ◽  
The United Kingdom ◽  
Article 50

On March 29, 2017, the U.K. Government triggered Article 50 of the Treaty on European Union (TEU) on withdrawal from the European Union following a referendum on June 23, 2016 in which 51.89 percent voted for the United Kingdom to leave the European Union. As a hybrid provision, the much-discussed withdrawal provision in Article 50 TEU is part of EU law yet also anchored in public international law. Although the European Union is a unique, supranational organization that creates rights for individuals that are directly effective in national law, its member states created the European Union based on traditional treaties under international law.

Countering Anti-Constitutional Argument: The Reasons for the European Court of Justice’s Decision in Kadi and Al Barakaat

2009 ◽  
Vol 11 ◽  
pp. 15-51 ◽  
Author(s):  
Jo Eric Khushal Murkens
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Constitutional Courts ◽  
Public International Law ◽  
European Court ◽  
Un Security Council ◽  
Failure To Protect ◽  
Ec Law ◽  
The Relationship

AbstractThis chapter examines the recent decision by the European Court of Justice in Kadi and Al Barakaat International Foundation. It is a response to criticism that the ECJ’s judgment, in providing for the review of EC measures implementing UN Security Council resolutions, undermines the authority of public international law. Instead of committing itself to international law and institutions at all cost, the ECJ concerns itself with the constitutional repercussions from national constitutional courts (in the case of failure to protect fundamental rights). Important as the relationship between EC law and international law is, there is a clear sense that the ECJ is responsible to, and will ultimately be held to account by, the courts and constitutions of the Member States of the European Union.

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