scholarly journals Compensation for environmental damage under international law and national legislation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 633-638
Author(s):  
Vladimir S. Sinenko ◽  
Evgeniy E. Tonkov ◽  
Yuliya V. Boltenkova ◽  
Elvira M. Vasekina ◽  
Neonila A. Turanina
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
International Experience ◽  
Environmental Damage ◽  
National Legislation ◽  
General Rules

This article analyzes the development of international legislation, as well as the legislation of individual states regarding the legal regulation of compensation for environmental damage. The authors identified and analyzed two levels of regulation. The first level is international; it includes acts adopted or approved by a group of states. The second level is national; it includes the regulations of individual states. The conclusion about the existence of general rules of legal regulation in the legislation of various states is formulated. Based on the analysis of Russian legislation, mechanisms for its improvement are proposed, including using international experience.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

scholarly journals Peculiarities of labor of medical and pharmaceutical workers: a comparative analysis of legislations of Kazakhstan and some OECD countries

2021 ◽  
Author(s):  
Guzal Gazinurovna Galiakbarova
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Health Systems ◽  
Legal Status ◽  
Scientific Research ◽  
Labor Law ◽  
Oecd Countries ◽  
Legal Regulation ◽  
National Legislation ◽  
Comprehensive Study

  This article discusses some issues of labor regulation of medical and pharmaceutical workers, the peculiarities of health systems in some countries of the Organization for Economic Cooperation and Development, a comparative analysis of their experience and Kazakhstan is carried out. The specificity of the legal status of medical and pharmaceutical workers is also considered, which is explained by the fact that its regulation is based not only on general norms of labor law, but also on special regulations affecting various features of the activities of this category of workers. At the same time, it is noted that the basis of the legislative regulation of the work of medical and pharmaceutical workers is the generally recognized principles and norms of international law, as well as the norms of national legislation.  The article focuses on the fact that among the variety of sources concerning the legal status of various categories of workers, there is no separate comprehensive study devoted to the peculiarities of legal regulation of both medical and pharmaceutical workers, in connection with which the chosen topic of scientific research is updated.

scholarly journals Complex ecological branch of law in terms of globalization

2021 ◽  
Vol 2 (2) ◽  
pp. 14-20
Author(s):  
Lydmyla Dobroboh
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Regulation ◽  
Green Economy ◽  
The European Union ◽  
National Legislation ◽  
Environmental Relations ◽  
The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

scholarly journals LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

2020 ◽  
pp. 5-8
Author(s):  
Yu. Akulov
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
International Agreements ◽  
International Experience ◽  
Step Test ◽  
International Treaties ◽  
Berne Convention ◽  
Intellectual Activity ◽  
National Legislation ◽  
European Regulatory

The article analyzes some issues and peculiarities of the legal regulation for the restriction on the author's property rights to works in Ukraine through the lens of European and international approaches. The author analyzes the legislation of Ukraine, international and European regulatory sources, directly investigates the completeness of the legal regulation of the lawful free use of the author's work and the restriction of his/her property rights to the work (as a consequence of his/her intellectual activity). The article examines the existing international treaties, ratified by the Verkhovna Rada of Ukraine, and which are recognized as a part of the national legislation of Ukraine. It also analyzes codified and other legal acts adopted to implement the provisions of the Constitution and international agreements in order to determine the peculiarities of legislative regulation and consistency of terminology in the sphere of restriction of the author's property rights to works in Ukraine. As a result of the research, the author has highlighted the main inaccuracies and gaps in the legal regulation for the restriction on property rights to works and the free use of works as a copyright object. Namely, it is traced that in Ukrainian legislation there is a certain inconsistency between the provisions of the Law of Ukraine "On Copyright and Related Rights" and the provisions of the Civil Code of Ukraine, which use identically in meaning the concepts of "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "the lawful use of a work without the author's consent", which is not in line with international experience. The author concludes on the full implementation of the provisions of the Berne Convention on the three-stage test in national regulations and further improvement of the legislation in order to avoid disagreements with the European legislation in the investigated subject, which should be implemented in the Ukrainian legislation. Keywords: property rights to works, restriction on author's rights to works, free use of works, cases of free use of works, a three-step test, international treaties governing the restriction on property rights to works in Ukraine.

Legal Problems of the Formation and Development of the Institute of Environmentally Unfavourable Territories

2020 ◽  
Vol 11 (5) ◽  
pp. 1215
Author(s):  
Ainura Zharylgasynkyzy NURUTDINOVA ◽  
Sabigul Dzhanabaevna BEKISHEVA
Keyword(s):  
Natural Resources ◽  
Technical Progress ◽  
Legal Regulation ◽  
International Experience ◽  
Environmental Damage ◽  
Legal Regime ◽  
Environmental Situation ◽  
Legal Problems ◽  
Human Habitation ◽  
The Republic

The legal regime of environmentally unfavourable territories is studied in the article. Nowadays, more and more areas of the territory of Kazakhstan are exposed to unfavourable impact on the environment due to the increasing influence of developing scientific and technical progress. These activities do not only harm environmental systems and individual natural resources but also complicate and sometimes make it impossible for citizens to live in these areas. Such areas of the territory need to be restored, the damage should be compensated, and the inconveniences of human habitation should be compensated. Thus, there is a need to establish special legal regimes governing the respective responsibilities of those who carry out activities that degrade the environmental situation in these areas, the authorities, and the rights of citizens living in these areas. The objective of the presented study is to analyze the legislation regulating the legal regime of environmentally unfavourable territories in the Republic of Kazakhstan and the international experience of such regulations. As a result of the research, the authors conclude that it is necessary to develop a comprehensive legal regulation to address most of the issues of ensuring the restoration of environmentally unfavourable areas, compensation for environmental damage, and reimbursement to the population.

scholarly journals Some issues of regulation of international flights by the legislation of Ukraine

2020 ◽  
pp. 498-502
Author(s):  
Dmytro Doroshenko
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Point Of View ◽  
State Sovereignty ◽  
Legal Regime ◽  
National Legislation ◽  
Permit System

The article reveals the interpretation of the concept of “international flights” in accordance with the legislation of Ukraine andsubstantiates the opinion that it is advisable to fix the corresponding definition in the provisions of the Air Code of Ukraine. In addition,the concepts of “legal regime of international flight” and “airspace of Ukraine” are analyzed, in particular, attention is paid to the problemsof establishing the boundaries of state sovereignty over airspace and various approaches to their solution and the author’s positionwith respect to this phenomenon are considered.In addition, the study of national legislation and international legal regulation of international flights provides an opportunity toidentify commonalities and differences and understand at what stage of the flight state legal regulation ceases to operate, and internationalnorms are gaining strength.The norms of international air law regulate the relations of states regarding the implementation of international flights by theiraircraft, which should be understood as flights through the airspace over the territory of more than one state. From the point of view of law, the sphere of international law covers two levels: 1) legal regulation of international flights in the airspace of a number of states;2) legal regulation of flights in international airspace. Each state independently determines the procedure for admission of foreign aircraftto its airspace. Such a permit system is the basis of the legal regime of the airspace of all states today, which is mandatory for bothscheduled and non-scheduled international flights.Note that no differences were found. The article also reveals the features of aviation and characterizes its types, which includecivil and state aviation. The author also examined the problems existing in the legislation of Ukraine in the field of safety of internationalflights and suggested possible solutions.

Defining the Environment

2017 ◽  
Author(s):  
Cymie R. Payne
Keyword(s):  
International Law ◽  
Human Life ◽  
Fundamental Aspect ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Complex Concept ◽  
Scientific Analysis ◽  
Environmental Integrity ◽  
Healthy Functioning

The principle of ‘environmental integrity’ is a fundamental aspect of jus post bellum. Human life, economy, and culture depend on a healthy, functioning environment. However, environmental integrity is a complex concept to describe. Doctrinal thresholds for legally material environmental damage (significant, long-term, widespread) do not capture it. This chapter interrogates the jus post bellum literature and then turns to scholarship on wilderness management in the Anthropocene era, which also engages with the meaning of ‘environmental integrity’, ‘naturalness’, ‘unimpaired’, or, in the words of the Factory at Chorzów case which sets the international law standard for reparations of damage, ‘the situation which would, in all probability, have existed if that act had not been committed’. Recognition that pristine or historical conditions are often impossible to recover or maintain leads to the legal, ethical, and scientific analysis of evolving environmental norms that this chapter offers.

Marine Environmental Damage: The Compensability of Ecosystem Service Loss in International Law

2019 ◽  
Vol 34 (4) ◽  
pp. 602-641
Author(s):  
Günther Handl
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Oil Pollution ◽  
Environmental Damage ◽  
Emerging Trends ◽  
Full Compensation ◽  
Environmental Loss ◽  
National Practice ◽  
Marine Environmental

AbstractKey maritime conventions governing liability and compensation for pollution of the marine environment, foremost among them the 1992 Civil Liability for Oil Pollution Convention and the 2003 Supplementary Fund Protocol (the CLC/Fund regime), exclude compensation for pure environmental loss. This article discusses whether anything less than full compensation of damage to the marine environment, including the loss of ecosystem services, comports with contemporary international public policy or law. After reviewing and rejecting traditional arguments opposing such compensability, the article contrasts the CLC/Fund regime’s environmental claims practice with emerging trends in decision on the international legal plane and in select domestic legal systems, all of which support full compensation. The article thus concludes that an adjustment of the CLC/Fund regime’s environmental claims approach is desirable to align it with this international (and national) practice and thereby to protect the long-term integrity of the regime itself.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

THE PROBLEM OF OFFSHORE ZONES IN THE RUSSIAN FEDERATION: THE IMPACT AND WAYS OF COUNTERING

2021 ◽  
Vol 1 (11) ◽  
pp. 187-192
Author(s):  
Konstantin S. Startsev ◽  
◽  
Emil R. Myalikov ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Experience ◽  
Regulation Policy ◽  
The Russian Federation ◽  
The Impact

The authors provide a study of Russian and international experience of offshore zones, the problems of regulation by Russian and international law and examples and consequences of the capital out-flow as a lack of regulation policy.

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