scholarly journals O DIREITO FUNDAMENTAL AO ACESSO E CONSUMO SUSTENTÁVEL DA ÁGUA POTÁVEL, RECURSO NATURAL QUE SUSTÉM A VIDA DE TODOS, EM TODOS OS AMBIENTES, DEVENDO ATENÇÃO AOS VULNERÁVEIS

2020 ◽  
Vol 2 (59) ◽  
pp. 155
Author(s):  
Regina Vera Villas BOAS ◽  
Ivan Martins MOTTA
Keyword(s):  
Drinking Water ◽  
Environmental Protection ◽  
Natural Resource ◽  
Environmental Law ◽  
Sustainable Consumption ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Human Right ◽  
Deductive Method ◽  
The Republic

RESUMO Objetivo: O objetivo do trabalho é tratar da proteção jurídica da água potável, refletindo sobre a eficiência e/ou eficácia constitucional, legislativa e jurisprudencial da proteção ambiental, trazendo fundamentações contidas nas decisões judiciais, materializadoras da justiça socioambiental, e trazendo à razão, questões sociais e jurídicas atuais sobre o consumo excessivo desse imprescindível e finito recurso natural. Metodologia: A partir de pesquisa documental, utiliza o método dedutivo para, valendo-se dos ensinamentos doutrinários, legislativos, jurisprudenciais e constitucionais, extrair conclusões sobre a importância dos recursos hídricos, em especial, da água. Resultados: Considerando que a água potável é recurso natural, bem ambiental e direito humano fundamental, o acesso e o consumo sustentável da água potável pertencem a todos, sendo dever do Estado e da sociedade promovê-los, prestando atenção às situações de escassez dos recursos vividas pelos vulneráveis. Logo, o ordenamento jurídico e os Poderes da República devem contar com legislação, decisões dos tribunais e políticas públicas protetivas ambientais, garantindo a salvaguarda da água (potável). Contribuições: A pesquisa traz à baila notas importantes sobreo avanço do direito ambiental, considerado por várias constituições como um direito humano e fundamental, afirmando que a proteção do meio ambiente vem sendo colocada em risco por setores políticos, econômicos e sociais, que violam conquistas já materializadas, cometendo retrocessos nas garantias dos direitos fundamentais e violando o princípio da proibição do retrocesso ambiental. Palavras-chave: Água potável; recursos hídricos; tutela jurídica ambiental; direito humano fundamental. ABSTRACT Objective: To deal with the legal protection of drinking water, reflecting on the constitutional, legislative and jurisprudential efficiency and/or effectiveness of environmental protection, bringing the foundations contained in judicial decisions, materializing socio-environmental justice, and bringing to the questions current social and legal issues regarding the excessive consumption of this essential and finite natural resource. Methodology: Based on documentary research, it uses the deductive method to, based on doctrinal, legislative, jurisprudential and constitutional texts, have conclusions about the importance of hydric resources, especially water. Results: Considering that drinking water is a natural resource, an environmental asset and a fundamental human right, access to and sustainable consumption of drinking water belongs to all, being then duty of the State and society to promote them, paying attention to situations of scarcity of resources experienced by the vulnerable. Therefore, the legal system and the Powers of the Republic must have legislation, court decisions and public environmental protection policies, guaranteeing the safeguarding of (drinking) water. Contributions: The research brings up important notes about the advance of environmental law considered by several constitutions as a human and fundamental right, stating that the protection of the environment has been put at risk by political, economic and social sectors, which violate achievements already materialized, causing setbacks in the guarantees of fundamental rights and violating the principle of prohibition of environmental setbacks. Keywords: Drinking water; hydric resources; environmental legal protection; basic human right

Environmental Problems of International Legal Regulation of Transboundary Pollution

2021 ◽  
Vol 12 (2) ◽  
pp. 392
Author(s):  
Dauren BEKEZHANOV ◽  
Gulnurа KOPBASSAROVA ◽  
Ainur ZHUNISPAYEVA ◽  
Talgat URAZYMBETOV ◽  
Roza SEILKASSYMOVA
Keyword(s):  
Environmental Pollution ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Scientific Development ◽  
Negative Effects ◽  
Environmental Cooperation ◽  
Theoretical Concepts ◽  
The Republic

This article is a comprehensive study on problems of legal protection of the environment from transboundary environmental pollution in the Republic of Kazakhstan. The study of international and national legislation in the field of environmental protection from transboundary environmental pollution was carried out, ways to solve legal problems related to transboundary environmental pollution were studied and proposed, theoretical concepts and practical recommendations were developed to increase the effectiveness of current legislation and the activities of state bodies in the field of environmental protection environment from transboundary environmental pollution. The theoretical significance of the study is that it will contribute to the further scientific development of conceptual problems of environmental cooperation in the field of preventing and preventing the negative effects of transboundary environmental pollution. The research itself, as well as the results obtained, will contribute to the further development of the domestic environmental law science.

scholarly journals Sustainable access to safe drinking water: fundamental human right in the international and national scene

2017 ◽  
Vol 12 (6) ◽  
pp. 985 ◽  
Author(s):  
Celso Maran de Oliveira
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Potable Water ◽  
Human Person ◽  
Fundamental Rights ◽  
Economic Resources ◽  
Human Right ◽  
Human Rights Treaties ◽  
Access To Water ◽  
The Government

Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.

scholarly journals The south african environment and the 1996 Constitution

2007 ◽  
Vol 1 (1) ◽  
pp. 36-57 ◽  
Author(s):  
Louis J. Kotzé
Keyword(s):  
South Africa ◽  
Environmental Protection ◽  
South African ◽  
The South ◽  
Human Right ◽  
Future Developments ◽  
The Republic

This study brings the debate upon environmental protection in the Republic of South Africa since the 1996 Constitution enactment which conformed it as a justifiable human right. The contribution begins with some considerations about (in) the development of the environmental right. The more pertinent constitutional provisions related to the environment are discussed, and there are some remarks about future developments in this field.

scholarly journals Upaya Penyelesaian Sengketa atas Gagalnya Pengisian Saldo (Top Up) yang dialami Pengguna Kartu Tap Cash Bank Negara Indonesia

2020 ◽  
Vol 7 (1) ◽  
pp. 53-61
Author(s):  
Rahmadi Indra Tektona ◽  
Mardi Handono ◽  
Regina Yurisprastita Jufri
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Legal Protection ◽  
Electronic Money ◽  
Services Sector ◽  
Deductive Method ◽  
Sector Analysis ◽  
The Republic ◽  
Materials Used ◽  
Laws And Regulations

Writing aims to find out the effort to resolve disputes for Tap Cash BNI card users who have failed to top up, which results in losses to consumers. The focus of the problem is how to resolve disputes between the banks as Tap Cash card issuers and consumers of electronic money users. This research begins by reviewing various laws and regulations which form the basis of legal protection for card users, for this reason, it is used normative juridical research, by reviewing the applicable laws and regulations. the author also uses the concept of the rule of law which is obliged to provide legal guarantees. In the matter of efforts to resolve disputes for consumers using the BNI Tap Cash card, the concept of legal protection also applies based on the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and Financial Services Authority Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection of the Financial Services Sector. Analysis of legal materials used is the analysis of legal materials with a deductive method which is a research method based on general concepts to provide concrete explanations of specific legal issues, data is collected through seminars, articles, and interviews and analyzed qualitatively. Based on the results of research conducted on the problem, it was found several forms of settlement efforts provided by the BNI bank namely the resolution of disputes outside the court and the resolution of disputes through the court.

scholarly journals Of Ebbs and Flows: Understanding the Legal Consequences of Granting Personhood to Natural Entities in India

2021 ◽  
pp. 1-26
Author(s):  
Stellina Jolly ◽  
K.S. Roshan Menon
Keyword(s):  
Environmental Protection ◽  
Paradigm Shift ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Personality ◽  
Environmental Commitment ◽  
Natural Entities ◽  
Legal Consequences

Abstract A study of the rights regime for environmental protection in India indicates that such protections overlap with constitutional rights guaranteed primarily to citizens or persons under the law. Contemporary jurisprudence has aggressively developed this intersectionality, declaring natural entities to be living persons with fundamental rights analogous to those of human beings. This article explores the role played by two judgments delivered by the Uttarakhand High Court – Mohammed Salim v. State of Uttarakhand and Lalit Miglani v. State of Uttarakhand – in the establishment of an effective framework for environmental protection. This is effectuated in both cases by assigning legal personality to rivers and articulating a conceptual shift from the human-centric approach. Accounting for the socio-cultural and spiritual relationships that have received legal protection, this article critically analyzes the judgments, their rationale and contributions to environmental protection. As the judgments articulate a paradigm shift in environmental protection, their effectiveness is best assessed through analyzing the frameworks created for their implementation. While the pronouncement of the Indian courts on the legal personality of rivers is an encouraging paradigm shift in environmental commitment, establishing the rights of nature was undertaken without due attention to the complexities that characterize the Indian socio-politico-religious context and to the legal consequences of bestowing vaguely contoured rights upon natural entities.

scholarly journals A EXTRAFISCALIDADE E A TRIBUTAÇÃO DOS SERVIÇOS DE FORNECIMENTO DE ÁGUA POTÁVEL: POSSIBILIDADES E ALTERNATIVAS

2017 ◽  
Vol 8 (2) ◽  
pp. 38
Author(s):  
Paulo Antônio Caliendo Velloso Da Silveira ◽  
Paola Mondardo Sartori
Keyword(s):  
Drinking Water ◽  
Human Body ◽  
Current Problem ◽  
Fundamental Rights ◽  
Human Species ◽  
Human Right ◽  
Advantages And Disadvantages ◽  
Living Things ◽  
Depth Analysis ◽  
The Many

Sem a água o corpo humano não sobrevive. Não apenas a espécie humana, mas todos os seres vivos necessitam de água para o funcionamento do seu organismo, seja ele animal ou vegetal. À vista disso, e considerando a problemática atual da escassez de água no país e o recente reconhecimento pela ONU do direito à água potável como um direito humano, fica evidente a urgência na busca por meios de preservação deste elemento indispensável para a manutenção da vida. A tributação com finalidade extrafiscal do fornecimento de água potável é uma dentre as opções de ações governamentais que poderia ser utilizada com objetivo de salvaguardar bem tão precioso. Entretanto, indispensável uma análise mais aprofundada sobre as espécies de tributos possíveis para cumprir esta função, principalmente no que tange às suas vantagens e desvantagens, razão pela qual o presente estudo se demonstra necessário.Palavras-chave: Água. Tributação. Extrafiscalidade. Direitos fundamentais. Sustentabilidade.Abstract: Without water the human body does not survive. It is not just the human species, but all living things need water, animal or vegetable. Having that in mind, and considering the current problem of water scarcity in the country and the recent recognition by the UN of the human right to water and sanitation, it is evident the urgency in the search for ways to preserve this element that is indispensable for maintaining life. The extra-fiscal taxation of the supply of drinking water is one of the many options for governmental actions that could be used with the purpose of safeguarding so precious good. However, a more in-depth analysis of the possible tributary types to fulfill this function is essential, especially as regards their advantages and disadvantages. Keywords: Water. Taxation. Extrafiscality. Fundamental rights. Sustainability

scholarly journals Oil Exploitation and Constitutional Protection of the Environment in Chad

2019 ◽  
Vol 7 (5) ◽  
Author(s):  
Didegomi Dar
Keyword(s):  
Environmental Protection ◽  
Direct Effect ◽  
Environmental Law ◽  
Fundamental Rights ◽  
Real Problem ◽  
Public Authorities ◽  
The Public ◽  
Constitutional Protection ◽  
Oil Exploitation ◽  
The Right

The study on oil exploitation and constitutional protection of the environment in Chad aims to show that despite the constitutional consideration of fundamental rights to the environment, environmental protection remains problematic. This is because the constitutional texts of protections are often ambiguous, incomplete, scattered and derisory. Also, the fact that environmental law is part of the rights-claims which in general are only addressed to the attention of the public authorities, poses a real problem as to its justiciability. Therefore, the right to the environment does not enjoy the same degree of jurisdictional protection as other rights. As a result, they often have no direct effect. Thus, in the oil exploitation framework, the environmental protection offered by the Chadian constitution, could only be insufficient except recourse to the activation of the ordinary ways of right.

scholarly journals Tortious Civil Liability in Environmental Law

2021 ◽  
Vol 8 (2) ◽  
pp. 26-34
Author(s):  
Gabriela Nemțoi ◽  
Ciprian Gabriel Ungureanu
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Common Law ◽  
Legal Protection ◽  
Tort Liability ◽  
Legislative Framework ◽  
The Common ◽  
Injured Party ◽  
The One ◽  
Balance Rehabilitation

Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution, which stipulates that , which stipulates that , which stipulates that, the environment is an area that must have a legal protection so that the state maintains a permanent ecological balance. Rehabilitation of the environment is done by applying sanctions to those concerned. So the institution of tort liability is an instrument in the gear of environmental protection.

Foreign environmental law: U.S. environmental law

2019 ◽  
Author(s):  
Лазарь Брославский ◽  
Lazar Broslavskiy
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Modern World ◽  
Federal State ◽  
Teaching Staff ◽  
Wide Range

The manual is devoted to the analysis of the current environmental legislation of the United States and the practice of its application in order to better study the environmental problems of the modern world and improve the system of legal regulation of the Russian Federation in the field of environmental protection. Prepared on the basis of previously published by the author of monographs on comparative legal analysis of environmental law in Russia, the United States and the European Union, which can be accessed for a more detailed study of the legal protection of the environment. Meets the requirements of the Federal state educational standards of higher education of the last generation. It is recommended in addition to the basic course "Environmental law", and can also be used as a textbook for bachelors and undergraduates in special courses and special seminars "Foreign environmental law". For students, postgraduates and teaching staff of law universities and environmental faculties of universities and other educational institutions; workers of industry and other sectors of the economy, including those studying at institutes and training courses, judges, employees of the system of state bodies of natural resources and environmental protection, control and supervision and law enforcement agencies, environmental and other public organizations; and also for a wide range of readers interested in environmental issues and wishing to take an active part in the social environmental movement.

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