scholarly journals Establishment of international standards in the field of environmental pro- tection and their impact on modern legislation of Ukraine

2021 ◽  
pp. 352-356
Author(s):  
Z.S. Brenzovich ◽  
S.A. Onufriy
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Marine Pollution ◽  
International Standards ◽  
Vienna Convention ◽  
The European Union ◽  
Environmental Legislation ◽  
Association Agreement ◽  
International Convention ◽  
The Right

The article examines the formation of international standards in the field of environmental protection, as well as clarifying their impact on modern environmental legislation of Ukraine.  It is established that the issue of the need to protect the environment has been actively discussed at the interna-tional level since the middle of the twentieth century. The first international environmental organization was found-ed in October 1948 in France (International Union for Conservation of Nature), which still operates today.It was found that although international instruments such as the Universal Declaration of Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms do not contain provisions on environ-mental rights, there is still a human right to a standard of living that supports its health. It is from the standpoint of the right to life, the right to health and the right to information that the ECtHR deals with matters concerning a safe environment for humans.It is substantiated that special international acts in the field of environmental protection began to be adopted in the 70s of the last century (including: Convention on the Prevention of Marine Pollution by Discharges and Other Materials, International Convention for the Prevention of Pollution from Ships, Convention on Transboundary Air Pollution distance, the Vienna Convention for the Protection of the Ozone Layer was adopted, the European Charter on Environment and Public Health, the Basel Convention on the Control of Transboundary Movements of Hazard-ous Wastes and Their Disposal, the Convention on Environmental Impact Assessment in a Transboundary Context, etc.).These international acts have influenced the formation of legislation in the field of environmental protection of independent Ukraine, especially on the example of acts adopted in 2017-2020. The proposal of scientists on the need to adopt a new systematized act in Ukraine, in particular the Environmental Code, has been studied.It is substantiated that when reforming the environmental legislation of Ukraine it is necessary to pay special attention to the requirements of the Association Agreement with the EU, namely to implement the provisions of a number of Regulations and directives of the European Union.

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

PECULIARITIES OF GUARANTEES OF REALIZATION OF ECOLOGICAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS IN UKRAINE: QUESTIONS OF THEORY

2017 ◽  
Author(s):  
Halyna Pryshliak ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Full Range ◽  
International Standards ◽  
Soviet Society ◽  
The European Union ◽  
Environmental Rights ◽  
Economic Rights ◽  
National Legislation ◽  
The Right

Numerous ideological dogmas and "propaganda struggles" over human rights, which took place for decades, did not make it possible to realistically comprehend and solve the problems of individual rights in Soviet society in full, according to a certain level of progress,say in the European Union. Such dogmas include the assertion that only socialism is able to fully guarantee human rights, that the main socio-economic rights for man and his freedom. Thus, freely or not, political and personal, spiritual and human rights, and even more so, environmental ones were underestimated. Unfortunately, this view reflected the actual practice in the former USSR and other former socialist countries. In the field of political, spiritual and personal rights and freedoms, there were quite a few forbidden topics, and environmental ones were not singled out at all. At the same time, competent jurists, both during the years of stagnation and during the so-called perestroika, consistently developed and defended the idea of human and civil rights. The article considers the problem of realization of human and civil rights and freedoms and guarantees of observance of international standards of ecological human rights in the national legislation. Emphasis is placed on the implementation of international norms in the field of human rights and freedoms in the practice of national legislation. It is proposed to supplement the current legislation with the right of citizens and their associations to control the bodies of state power and local self-government in the environmental sphere. It is concluded that problems with the realization of environmental rights and freedomsin Ukraine, unfortunately, exist. The level of theirimplementation islow, therefore, it can be stated that the level of efficiency is also low. In addition, it should be noted that citizens' awareness of the full range of their environmental rights and freedoms, which are enshrined in the Constitution of Ukraine, and their continued application, will lead to their implementation at the appropriate democratic and legal level.

scholarly journals ENVIRONMENTAL PROTECTION AS FUNDAMENTAL RIGHT GUARANTEED TO THE EUROPEAN LEVEL

2020 ◽  
Vol 14 (2) ◽  
pp. 121-130
Author(s):  
Alina Gentimir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Environmental Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Healthy Environment ◽  
Right To Information ◽  
The Right

The article examines, in a comparative perspective, both legal framework of the European Union and Council of Europe and case law of the Court of Justice of European Union and European Court of Human Rights in order to highlight superior level of the right to a healthy environment European protection. The multitude of concepts related to the environmental protection and their connections require compulsory conceptual delimitations. As other international and regional organizations, the European Union expresses interest in environmental protection, consecrating to it numerous legal instruments, the most relevant of these, in terms of human rights, being the Charter of Fundamental Rights, in which (Article 37) is provided expressly that environmental protection is a fundamental right, unlike the Council of Europe where this right is recognized only as an indirect right. Affiliation of this right to a certain category of rights – global rights, solidarity rights or individual or collective rights – has been a source of both doctrinal and jurisprudential disputes. Genuine interdependence with other fundamental rights such as the right to life, the right to private and family life, right to property and right to information ensues from the substance of the right to protection of the environment. The presentation of the principles which outline the content of the right in discussion emphasizes that the Charter text was drafted in accordance with the latest developments in the field of normative and jurisprudential environment established at international, regional and national levels, respectively, in interaction with the principle of sustainable development. Finally, an analysis of the most frequent modalities of environmental degradation contributes to find proper mechanisms for a better guarantee of the respect of environmental protection as a fundamental right.

scholarly journals Problematic issues of administrative responsibility for disrespect for court

2020 ◽  
pp. 17-30
Author(s):  
Olha Soloviova
Keyword(s):  
Human Rights ◽  
Complex Analysis ◽  
International Standards ◽  
The European Union ◽  
Association Agreement ◽  
National Courts ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Individual ◽  
Administrative Responsibility

The article is devoted to the legal principles of taking administrative responsibility for disrespect for court. In the work the complex analysis of proceedings in cases of administrative offenses envisaged by Article 185-3 of the Code of Administrative Offenses is carried out. The problematic issues that arise in practice when considering cases of administrative offenses for disrespect for court are outlined. The article examines the individual decisions of national courts in cases of administrative offenses for disrespect for court. The Association Agreement with the European Union Ukraine has declared its agreement to strengthen cooperation in the field of justice, freedom and security in order to ensure the rule of law and respect for human rights and fundamental freedoms, strengthen the judiciary, enhance its efficiency, guarantee its independence and impartiality. Weaknesses of national legislation with respect to international standards of administration of justice are identified. Particular attention is paid to compliance with the principle of impartiality when imposing administrative penalties for disrespect for court. The relevant decisions of the European Court of Human Rights have been analyzed. Suggestions were made to remedy practical problems in order to bring administrative penalties for disrespect for court into conformity with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. It was concluded that it is necessary to determine the clear jurisdiction of the courts in the consideration of cases of administrative offenses disrespect for court with the introduction of appropriate changes or procedural codes, or the Code of Ukraine on Administrative Offenses. Key words: disrespect for court, administrative responsibility, impartiality, challenge (recusal) of a judge.

scholarly journals LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 39-44
Author(s):  
Dmytro Ivanenko ◽  
◽  
Nataliia Hlushchenko ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Access To Medicines ◽  
Legal Aspects ◽  
Trips Agreement ◽  
The European Union ◽  
Association Agreement ◽  
Compulsory Licensing ◽  
The Right ◽  
The Impact

The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Accountability in Global Governance

2020 ◽  
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
International Organizations ◽  
Third Parties ◽  
Human Rights Violations ◽  
The European Union ◽  
Economic Rights ◽  
The Right ◽  
Austerity Policy ◽  
Comprehensive Study

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

scholarly journals Životna sredina - opasnosti i pravna zaštita / Human Environment ‒ Risks and Legal Protection

2016 ◽  
Vol 6 (6) ◽  
pp. 48
Author(s):  
Ilija Babić
Keyword(s):  
Global Warming ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
Vienna Convention ◽  
The Sun ◽  
The European Union ◽  
Human Environment

The most relevant factors that affect climate are astronomic cycles ant their effects on planet Earth and Earth’s orbit around the Sun. They have impact on the occurrence of glacial and interglacial periods at generally 100.000-year frequencies, which were affected by orbital shape variations and effects of greenhouse gases.The youngest geological epoch of the geological history of Earth is Holocene (started with warming) that began approximately 11.000 years BP. In that epoch, the shape of Earth’s orbit around the Sun was nearly circular, close to a perfect circle, and the seasonal contrast was less severe, due to decreased tilt of Earth’s axis from the plane of its orbit around the Sun. However, most scientists are arguing that the causes of rapid climate change are rooted in human activity, and not in its internal orbital variations. The main causes of global warming are increased level of carbon dioxide, but also of methane and chlorofluorocarbons in the atmosphere. These gases are responsible for the greenhouse effect, ozone layer depletion in stratosphere and rapid global warming. In order to set up the legal framework of environmental protection, the United Nations Conference on the Human Environment has adopted Stockholm Declaration in June 16, 1972. About twenty industrial states have ratified in 1987 the Montreal Protocol on Substances that Deplete the Ozone Layer, which has undergone many revisions by London Convention (1990), Copenhagen Accord (1992), Vienna Convention (1995), Kyoto Protocol (1997) and the Paris Agreement ‒ an international universal agreement on climate adopted at the 2015 Paris Climate Conference (COP21). Environmental protection in the European Union is provided for by its primary and secondary law, and the most EU environmental regulations were implemented in the Serbian legislation.

scholarly journals Academic Freedom and Its Protection in the Law of European States

2016 ◽  
Vol 3 (3) ◽  
pp. 254-345
Author(s):  
Klaus D. Beiter ◽  
Terence Karran ◽  
Kwadwo Appiagyei-Atua
Keyword(s):  
Higher Education ◽  
Human Rights ◽  
Academic Freedom ◽  
Freedom Of Expression ◽  
European Convention ◽  
The European Union ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
The Right

Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.

Equality and Non-discrimination Law in the EU

2021 ◽  
pp. 387-462
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
Men And Women ◽  
Treaty Of Rome ◽  
International Human ◽  
The Right ◽  
The Eu

This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now Article 157 TFEU). Today, the scope of non-discrimination was enlarged, paving the way for Directives on racial equality and non-discrimination in the field of employment on the grounds of religion, disability, age, and sexual orientation. Moreover, the Court of Justice of the European Union (CJEU) identified the principle of equality as a general principle of EU law.

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