scholarly journals Legal protection of Germany's national interests in the field of environmental security: the evolution of approaches

Author(s):  
Svitlana Muravyova

It is widely recognised that climate change is having malign effects on human life. Climate change is a global issue, but the political action necessary to address it is inevitably local and national as well as international. The security dilemma is one of the most important theoretical ideas in international relations. The content of security policy is evolving because "security" is a social structure, the content and structure of which is constantly changing depending on the transformation of existing and the emergence of new threats and challenges (climate change, destruction of the ozone layer, desertification, fresh water shortages, etc. - the list of current environmental problems in the XXI century is increasingly supplemented by new threats. Scholars, policy-makers, and activists have proposed broadening use of the concept security beyond its traditional military focus to take into account environmental threats that seriously jeopardize human well-being. This paper explores how ecological and climate problems have fundamentally changed the way we think about security. The non-physical security, diversification of threats, and the salience of identity are key effects of globalization in the security realm. These security effects translate into certain behavioral tendencies in a Germany foreign policy that have thus far not been studied in the literature. The claim that environmental factors should be integrated into the concept of security was first made in the early 1980s.  In the late twentieth - early twenty-first century the concept of security has been expanded and applied to address many of the most important issues of international relations theory and security policy. Environmental issues are not only to be treated as non-military threats to the security of societies, but can also work to promote cooperation and peace-building. In modern conditions, the ability of the state system to respond to environmental hazards is criticized, and therefore fundamentally different management structures are proposed as a replacement for it. Therefore, targeted climate protection policies at the international and regional levels, as well as at the national and local levels, are needed to effectively address environmental and climate threats and challenges. Germany positions itself as a regional and world leader in the field of environmental protection and climate. The idea of ​​caring for the environment is gradually becoming an essential element of the value system, legal culture and national identity of German society and the state, which it not only promotes both in the European Communities / European Union and beyond, but also consistently protects. Within the framework of the EU environmental policy, there is room for independent national action by the German government. This guarantees Germany a free choice of national strategies in promoting environmental policy.

Author(s):  
Henry Shue

We now know that anthropogenic emissions of greenhouse gases (GHGs) are interfering with the planet’s climate system in ways that are likely to lead to dangerous threats to human life (not to mention nonhuman life) and that are likely to compromise the fundamental well-being of people who live at a later time. We have not understood this for very long—for most of my life, for example, we were basically clueless about climate. Our recently acquired knowledge means that decisions about climate policy are no longer properly understood as decisions entirely about preferences of ours but also crucially about the vulnerabilities of others—not about the question “How much would we like to spend to slow climate change?” but about “How little are we in decency permitted to spend in light of the difficulties and the risks of difficulties to which we are likely otherwise to expose people, people already living and people yet to live?” For we now realize that the carbon-centered energy regime under which we live is modifying the human habitat, creating a more dangerous world for the living and for posterity. Our technologically primitive energy regime based on setting fire to fossil fuels is storing up, in the planet’s radically altering atmosphere, sources of added threat for people who are vulnerable to us and cannot protect themselves against the consequences of our decisions for the circumstances in which they will have to live—most notably, whichever people inherit the worn-and-torn planet we vacate. As we academics love to note, matters are, of course, complicated. Let’s look at a few of the complications, concentrating on some concerning risk. Mostly, we are talking about risks because, although we know strikingly much more about the planetary climate system than we did a generation ago, much is still unknown and unpredictable. I will offer three comments about risk. The third comment is the crucial one and makes a strong claim about a specific type of risk, with three distinctive features.


Author(s):  
Simon Dalby

Environmental security focuses on the ecological conditions necessary for sustainable development. It encompasses discussions of the relationships between environmental change and conflict as well as the larger global policy issues linking resources and international relations to the necessity for doing both development and security differently. Climate change has become an increasingly important part of the discussion as its consequences have become increasingly clear. What is not at all clear is in what circumstances climate change may turn out to be threat multiplier leading to conflict. Earth system science findings and the recognition of the scale of human transformations of nature in what is understood in the 21st century to be a new geological epoch, the Anthropocene, now require environmental security to be thought of in terms of preventing the worst dangers of fragile states being unable to cope with the stresses caused by rapid environmental change or perhaps the economic disruptions caused by necessary transitions to a post fossil fueled economic system. But so far, at least, this focus on avoiding the worst consequences of future climate change has not displaced traditional policies of energy security that primarily ensure supplies of fossil fuels to power economic growth. Failure to make this transition will lead to further rapid disruptions of climate and add impetus to proposals to artificially intervene in the earth system using geoengineering techniques, which might in turn generate further conflicts from states with different interests in how the earth system is shaped in future. While the Paris Agreement on Climate Change recognized the urgency of tackling climate change, the topic has not become security policy priority for most states, nor yet for the United Nations, despite numerous policy efforts to securitize climate change and instigate emergency responses to deal with the issue. More optimistic interpretations of the future suggest possibilities of using environmental actions to facilitate peace building and a more constructive approach to shaping earth’s future.


2021 ◽  
Vol 3 (02) ◽  
pp. 181-196
Author(s):  
Shafqat Ur Rahman ◽  
Malik Farrukh Hussain

A Welfare state refers to the concept of a state in which a state takes responsibility for the protection of all citizens and their well-being. A welfare state recognizes the security of its citizens as a priority and takes solid steps for it. In the olden days, the states were limited to the interests of the rulers; gradually there were born enlightened human beings who introduced new ideas to the state which improved human life. A new concept was introduced in the state system called the welfare state. For a welfare state, as far as the individuals are important to control all the systems in a state, in which the rules and regulations/principles also have far rich importance in any state. So, the selection of proper/eligible individuals for such a regulatory welfare state is necessary. If any state set aside the basic eligibility criteria while appointing any responsible administrative slot then it will cause the destruction of that state gradually as well society at the end. On the other hand, if any welfare state would strictly follow the eligibility criteria for the given administrative slot and appoint the individuals purely on merit and ability, then it will result in constructive and positive change in that welfare state which boost up the society towards prosperity peace and progress for the sake of humanity.In this manuscript, we tried our best to mention and focus on some qualitative levels/points which must be compulsory while appointing any administrative/key post in any Islamic welfare state to make it prosperous and progressive, keeping in view the interpretation purely from Quran and Sunnah.


Author(s):  
Anatolii Getman

The article examines the issues of legal protection of human life and health in the latest globalisation processes, which have covered all spheres of political, economic, financial, social, geographical and cultural life and are becoming a basic factor of humanity on the planet. These processes set new trends in the ecological development of the state, redefine the problems of environmental security due to the changing nature of the challenges and threats facing humanity. The unfavourable state of the environment and the need to ensure environmental safety require the adoption of adequate legal, organisational and other measures. It is believed that in these conditions a human, his life and health should be at the centre of the mechanism of legal regulation of protection and defence, environmental safety, especially the establishment of the legal status of citizens affected by the negative consequences of environmental danger and guarantees of such citizens. The state has a number of obligations to human to create conditions for his “environmental comfort”. Such obligations should be reflected in the environmental legislation of the respective states. Recently, urban areas have been becoming threatening, the uncontrolled expansion of which inevitably leads to disruption of the normal functioning of the biogeotic cover of the planet, and consequently – a negative impact on health and life of mankind and especially that part of it living in large cities or other cities. It turns out that the general unfavourable state of the environment makes new demands on environmental security, which in the context of globalisation and internalisation of environmental problems is becoming a dominant factor in global security, as the environmental situation worsens, requiring effective policies to improve it.


2010 ◽  
Vol 59 (4) ◽  
pp. 1129-1141 ◽  
Author(s):  
Suzanne Kingston

The period since the last survey published in this journal has been marked by much activity, but also some frustration, in the area of EU environmental policy.1 The present survey comes as the EU nears the end of its Sixth Environmental Action Programme (EAP) setting out the EU's environmental policy directions from 2002 to 2012, where it identified four priority areas for this period: climate change; nature and biodiversity; environment and health; and natural resources and waste.2 While progress has been made in each of these fields, significant setbacks have also occurred and, in a number of important areas, the state of the EU environment continues to deteriorate.


2017 ◽  
Vol 22 (1) ◽  
pp. 72-78
Author(s):  
Michał Rutka

Abstract In the age of high pace of technological, economic and social development, stable and uninterrupted energy supply is one of the key components determining the economic sovereignty of the state, its position in international relations, and the quality of human life. Every economy around the world is heavily dependent on its energy sector. Consequently, ensuring energy security is currently one of the most important determinant of every country’s national security and the purpose of its security policy. In this article we focus on Romania’s energy security internal condition and prospects. Our main goal is to present actual state and prospects of Romanian energy sector. In order to achieve that goal, we decided to use various methods, such as descriptive analysis, document analysis and comparative analysis. The article has two parts. The first part consists of a description of energy sources and infrastructure used by Romanian economy. The second part is an analysis of possible chances and threats for both energy sector and energy security level.


2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Dewi Gunawati

<p align="center"><strong><em>Abstrak</em></strong></p><p><em>This study aims to identify the urgency or the reasons for the harmonization of legal protection and management of forests in mitigating global climate change through REDD + .Urgency harmonize the protection and management of forests in mitigating global climate change examined in three approaches. First, a philosophical approach that formed in the Welfare State Theory by Espring Enderson, active role of the state in the context of the protection and management of forests is that the state is obliged to undertake the protection and management of forests in mitigating global climate change. Studied from the theory of sustainable development Edith Brown Weiss, i) The phenomenon of global climate change is a result of lifestyle or human behavior in the form of patterns of production and patterns of excessive and unfriendly environment. Excessive fossil energy resulting ecological crisis impact on global warming so trigger global climate change. ii) Due to the interest of developing countries to emission concept promoted in the global climate change convention, which it does not restrict their movement from space to improve economic competitiveness by building centers of industrial activity which tends to be a major contributor to the increase in gas emissions greenhouse. In this condition the developing countries try to hum with the concept that those countries have the same right to do the construction. Studied from the theory of justice, John Rawls justice is understood as a balance between personal interests and common interests. In the structure of the society in which justice as the main problems then need to be formulated and given a list of reasons on the principles that must be met by a basic structure of a just society in which the principles of justice must distribute the prospect of meeting the basic needs.</em></p><p><em>Secondly, the juridical approach imprinted on the legal system theory, Lawrence Friedman, and Third, Sociological Approach, engraved on Theory Brianz Tamanaha.</em></p>


2021 ◽  
Vol 9 (4) ◽  
pp. 79-90 ◽  
Author(s):  
Seiichiro Hasui ◽  
Hiroshi Komatsu

Climate security has been discussed in both academia and policy documents in the West. A key point that surfaces from these discussions is that the cooperation of non-military organizations is essential for effective responses to climate change-related threats. This overlaps considerably with debates on security in Japan, where the use of force is constitutionally restricted. Therefore, it is possible to localize the concept of climate security to the genealogy of Japan’s security policy that, in the 1980s and 1990s, sought a non-traditional security strategy that did not rely solely on military power in the name of “comprehensive security,” “environmental security,” and “human security.” In Japan, the perspective of climate security is rare. However, the introduction of a unique climate security concept into security policy enables the maintenance of national security and environmental conservation. Additionally, struggling with climate change alongside neighboring countries contributes to mutual confidence building and stability in international relations in Northeast Asia. To achieve this objective, we first show that climate security includes many kinds of security concerns by surveying previous studies and comparing Western countries’ climate security policies. Second, we follow the evolution of Japan’s security policy from 1980 to 2021. Finally, we review Japanese climate security policies and propose policy options.


2021 ◽  
Vol 6 (1) ◽  
pp. p61
Author(s):  
Morufu Olalekan Raimi ◽  
Tonye Vivien Odubo ◽  
Adedoyin Oluwatoyin Omidiji

Climate change is a “threat multiplier and a prime cause of universal threat to health in the 21st century, including 4th industrial revolution. The health effects of climate change will increase dramatically over the next few years and pose a risk to human life and the well-being of billions of people. As we all know, the milieu is fundamental to our sustained earth survival and environmental changes (natural and artificial) affect it either to the benefit or detriment of humans. Climate change is one of such changes in the physical environment which has grave consequences for the existence of mankind. Climate change is interestingly, no longer a speculative subject. There is a good international scientific consensus existing to show that this phenomenon is real and if recent global warming movements continue, temperature rise, ocean levels and more frequently weather conditions that is extreme (storms, heat-waves, droughts, floods, cyclones, etc.) may perhaps cause severe food shortages, loss of shelter, water, livelihoods, extinction of flora and fauna species. In the recent past, the earth has witnessed devastating weather-related events in different portions of the globe including hurricanes (e.g., Katrina and Rita in USA), tsunamis, typhoons, flooding especially in the Asian Continent, wild fires especially in Australia, USA, etc. Currently, the on-going flood incident in Pakistan that has so far claimed about 1,600 lives and rendered another four million people homeless is a sad reminder of the ugly and devastating consequences of global warming on the environment. There is no gainsaying the fact that humankind is paying dearly for the massive alterations in the environment that have induced changes in climate. This is because of frequent incidence of changes in climate related disasters in the world today. There is hardly any month that passes without an incident occurring in one part of the globe or another since the advent of the 21st century. Changes in climate has significant and potentially devastating health consequences, whether through direct actions (e.g., deaths resulting from heat wave and weather disasters) or disruption of complex biological methods (e.g., changes in infectious diseases patterns, supplies in fresh water and production of food).The report of the fourth assessment of the United Nations Intergovernmental Panel on Climate Change (IPCC) have globally submitted that “it is estimated that the health of millions of people is affected, for instance, malnutrition increases; deaths increase, diseases and injury; burden of increase diarrheal diseases; frequency of increased cardio-respiratory diseases caused by high levels of ground-level ozone in cities due to climate change; besides altered spatial distribution of some communicable diseases”. The association amongst changes in climate, its drivers, systemic effects, health and socioeconomic growth, mitigation and adaptation has been specified.


Author(s):  
Amy Lind

This chapter addresses the shift away from neoliberalism in Ecuador toward the socialist or post-neoliberal Citizen Revolution (2007–present). It addresses concepts that were resignified in the 2008 Constitution: family, defined as “diverse” and based on kinship and alternative forms of intimate relations; nation, defined as plurinational, recognizing indigenous rights to land, territory, and identity; and economy, defined as postcapitalist, with the goal of privileging well-being (buen vivir) and human life over capital. The chapter highlights the centrality of heteronormativity in understanding post-neoliberal states, including governance and development frameworks that privilege the patriarchal heterosexual family, viewing it as the foundation of the country’s modernization goals. It argues that Ecuador’s shift away from neoliberalism is fraught with contradictions, best understood as signifying a partial rupture with the neoliberal legacy. Despite progressive legal changes to the definition of family, nation, and economy in the 2008 Constitution (symbolizing the country’s move away from neoliberalism), it argues that the state maintains a heteronormative, colonialist understanding of governance and development, rendering the potentially radical project of reimagining life “after” neoliberalism incomplete and paradoxical. This has important implications for individuals, communities, and social movements that don’t fit the resignified but colonialist pillars of the Citizen Revolution.


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