ENVIRONMENTAL MANAGEMENT AS A COMPLEX OBJECT OF LEGAL REGULATION

2017 ◽  
Author(s):  
Dmytro Zadykhaylo ◽  
◽  
Oksana Leshko ◽  
Keyword(s):  
Environmental Management ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Complex Object ◽  
Business Associations ◽  
Legal Norms ◽  
Domestic Legislation ◽  
Legislative Improvement ◽  
The Impact

The article considers the institute of ecological management as an object of legal regulation of ecological law. The works of scientists devoted to the role of business associations in environmental and legal relations are analyzed. The paper also analyzes similar legal relations in neighboring countries. The authors aim to reveal an interesting issue, namely the impact of the phenomenon of environmental management as a driving factor in the transition to the principles of sustainable development. There is a demonstration of the conflict between economic and environmental interests, which is relevant because the relationship between these different areas of law is traced throughout the article. An analysis of the legal norms of each of the above industries is given. However, it is emphasized that only the consistent improvement of national environmental and economic legislation can be decisive factors in the economic well-being of the country. The authors propose their improvement of domestic legislation on the basis of the Law "On the Basic Principles (Strategy) of State Environmental Policy of Ukraine for the period up to 2030. The information contained in this law is fully reflected in the article and is relevant, because here the position of the authors and the position of the main legislative body of the country coincide. We can trace this further in the text, where changes to this law are demonstrated and argued with reference to leading researchers in both industries, both economic and environmental. This article will be useful for both students, as it contains a lot of guiding theoretical material on Commercial and Environmental Law. The same goes for experienced researchers, because the authors raise a large number of problematic issues that can be discussed further. It is a springboard for the legislative improvement of a large number of regulations, which can serve as a source for argumentation in drafting a bill to improve economic legislation in terms of environmental protection in the course of direct economic activity.

scholarly journals Nexus between Indigenous Ecological Knowledge and Ecosystem Services: A Socio-Ecological Analysis for Sustainable Ecosystem Management

2021 ◽  
Author(s):  
Manob Das ◽  
Arijit Das ◽  
Selim Seikh ◽  
Rajiv Pandey
Keyword(s):  
Environmental Management ◽  
Ecosystem Services ◽  
Statistical Tests ◽  
Belief Systems ◽  
Well Being ◽  
Ecological Knowledge ◽  
Human Society ◽  
Indigenous Ecological Knowledge ◽  
Demographic Attributes ◽  
The Impact

Abstract The well-being of the human society cannot be ensured and sustainable unless the flow of Ecosystem Services (ESs) would be matching with their consistent demand. The consistent flow of ESs required sustainable management of ecological resources of the ecosystem. The management of ecosystem can be ensured with variety of approaches. Integration of indigenous ecological knowledge (IEK) in management prescription with the view that IEK based extraction of ESs ensures removal of resources from the ecosystem within the limit thereby ensuring the sustainability of ecosystem. Present study is an evaluation to understand the nexus between ESs and IEK for sustainable environmental management. The focus of the study was a tribal dominated socio-ecological patch of Barind Region of Malda district, Eastern India. The assessment of ESs and IEK was based on the data collected from the randomly selected tribal households following the pre-tested questionnaire containing questions on ESs as per millennium ecosystem assessment. The data were analyzed following social preference approach, and statistical tests (Krushkal-Wallis and Mann-Whitney). General linear model (GLM) has also been used to examine the impact of socio-demographic attributes on the perceived valuation of ESs. The results revealed that the provisioning ESs (such as water, fuel wood, medical plants) was most preferred followed by cultural and regulating ESs by tribal. Differential importance of ESs was observed among tribal and accounted by gender, education as well as age of the tribe. A gap between the actual accessibility and evaluation of ESs by the tribal communities was also apparent. The socio-demographic attributes have an immense impact on the valuation of ecosystem services and also governed based on the IEK. Various types of indigenous ecological belief systems were closely linked with conservation of ecosystem and sustainable supply of ESs. Present study can contribute to understand socio-ecological nexus with the lens of IEK in tribal dominated ecological landscapes for improved ecosystem and environmental management besides ensuring sustainability of flow of ecosystem services.

Spatiality of Environmental Law

2015 ◽  
Vol 12 (2) ◽  
pp. 173-188 ◽  
Author(s):  
Lasse Baaner ◽  
Line Hvingel
Keyword(s):  
Spatial Information ◽  
Environmental Law ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
Core Element ◽  
Legal Information ◽  
Legal Norms ◽  
Digital Maps ◽  
Legal Accountability ◽  
Future Path

Digital society challenges the traditional perception of legal sources. The use of maps as a basis for public administration dates far back, but e-Government’s use of digital maps that include legal information creates new legal obstacles. In the coming decades, the inspire directive of 2007 will determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data.

scholarly journals Juridical Analysis of Marine Pollution by Tankers in Riau Archipelago Waters: A Case Study at the Environmental Service, Riau Islands

2021 ◽  
Vol 8 (10) ◽  
pp. 497-510
Author(s):  
Danny Priabudi ◽  
Laily Washliati ◽  
Idham .
Keyword(s):  
Natural Resources ◽  
Marine Environment ◽  
Marine Pollution ◽  
Environmental Law ◽  
Human Life ◽  
Legal Regulation ◽  
Environment Agency ◽  
Food Needs ◽  
Riau Archipelago ◽  
The Impact

Indonesia is a country rich in resources, especially natural resources, but population growth is not proportional to the availability of natural resources. Malthus predicts that population progress to increase in quantity is greater than the ability of natural resources to provide human food needs. The environment cannot support an infinite amount of life if the earth is no longer able to support the explosion in the number of humans and their activities. Indonesia is a country known as a maritime country, which means it is mostly water and consists of islands. Sea transportation is very important to connect the islands scattered throughout Indonesia. The development of environmental law is urgently needed which cannot be separated from the world movement to give greater attention to the environment. In marine pursuits, such as fishing, excessive fish species using trawlers can lead to extinction. Pollution of the marine environment is a threat to human life, animals, and plants. Increased use of the sea can have a direct impact on the marine environment and the biota in it. The Environment Agency is one of the institutions that play a role in handling the impact of marine environmental pollution in the region. The purpose of this research is to find out the Legal Regulation of Marine Pollution by Tanker Ships in the Riau Archipelago Waters. The aim is to find out what factors are being carried out in handling marine pollution by tankers in the waters, especially in the Riau Islands Environmental Service. It is hoped that this will lead to a better understanding of the environmental impact of marine pollution in the region. The Riau Islands Environment Agency is responsible for compensation for losses caused by pollution of the marine environment by persons or legal entities within its jurisdiction. Each country must cooperate in implementing international law which regulates the responsibility and obligation to compensate for losses due to pollution. The International Maritime Organization is a leading organization in producing various regulations on marine pollution, especially those caused by oil. Keywords: Marine Pollution, Tanker Ships, Riau Islands.

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.

scholarly journals NEW THREATS TO CYBER SECURITY OF INTERNET SPACE AND POSSIBLE LEGAL WAYS OF THEIR PREVENTION

2020 ◽  
Vol 16 (4-1) ◽  
pp. 76-87
Author(s):  
Олег Пучков
Keyword(s):  
Cyber Security ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
The Internet ◽  
Digital Environment ◽  
Legal Analysis ◽  
Legal Norms ◽  
Scientific Disciplines ◽  
Synergistic Approach ◽  
The Impact

The relevance of the article lies in the fact that it contains answers to the most pressing issues related to ensuring users’ safety in the Internet space. The article contains an analysis of the problems of legal regulation of relations in the digital environment, measures to counter modern threats to cyber security. Purpose: to analyze the main theoretical positions on the specifics of legal regulation of Internet relations, development of doctrinal approaches to the legal impact on the Internet space. Methods: the author uses the method of formal legal analysis, the method of interpreting legal norms, describing and interpreting scientific doctrines. General scientific methods such as methods of dialectics, comparison, and formal logic are used. Results: based on the results of the study, it is concluded that the potential of the current legal regulation is clearly insufficient to counter cyber security threats. On the ground of a synergistic approach, the interdisciplinary aspects of the stated problems are considered. It is concluded that digitalization processes in some sense «control» the legal matter, motivating the law enforcement officer to a more flexible interpretation of legal norms in order to ensure their operation in the digital environment. One of the ways to overcome methodological problems of law in the digital age is the implementation of an interdisciplinary approach, which, due to the synergy of cognitive potentials of scientific disciplines, is able to enhance the effect of the impact of law, and will allow overcoming negative processes in the digital environment.

scholarly journals Legal Regulation of the Preservation of the Culture of Ukrainian Peasantry: Current Situation and Prospects for Improvement

2020 ◽  
pp. 253-259
Author(s):  
Tetiana Kovalenko ◽  
Elina Pozniak
Keyword(s):  
National Culture ◽  
Environmental Law ◽  
Leisure Activities ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Social ◽  
State And Local ◽  
The Village

This article investigates the current state of legal regulation of preserving the culture of Ukrainian peasantry as a carrier of Ukrainian identity, culture and spirituality of the nation. The necessity to revive and preserve the peasant as a landlord, bearer of morality and national culture is reflected in the scientific approaches of legal scholars in the field of agrarian, land and environmental law of Ukraine. In the process of analysis of a number of sources of agrarian, land, environmental law, normative legal acts of a programmatic nature, the existence of significant legal defects in the specified field was revealed (declarative nature of legal provisions, legal gaps, lack of complexity of legal regulation, inefficiency of legal norms). As a result, degradation of the spiritual, environmental, legal culture of the peasants occurs. The authors found that the effectiveness of a number of legal acts, aimed at the legal regulation of the culture of Ukrainian peasantry, the social development of the village and the revival of social cultural and material infrastructure, is low. The measures identified in them to overcome the crisis in the social sphere of the village have practically no proper mechanisms of implementation. In view of this, the authors substantiate ways to improve the legal regulation for the preservation of the culture of Ukrainian peasantry. The key to preserving the peasantry as a carrier of the national culture of Ukrainian people, according to the authors, is a integrated solution to the peasant's social problems. This direction of state policy should be implemented through organizational, legal and socio-economic measures aimed at ensuring employment and reducing unemployment, expanding the network of cultural institutions in the countryside, improving the level of education of rural youth, the development of environmental awareness, education, legal and advisory activities. Increasing the standard of living and life of Ukrainian peasantry, the authors associate with the need for its financial and economic support with the use of funds from the State and local budgets for the implementation of cultural and educational activities in the countryside, leisure activities with the promotion of agricultural producers. An important guarantee of preserving the culture of Ukrainian peasantry is to increase the legal responsibility of officials of state authorities and local self-government for making decisions that limit or violate peasants' rights.

scholarly journals The Impact of Environmental Management Plans on Firms’ Compliance with Governmental Regulations and Environmental Laws

2015 ◽  
Vol 5 (1) ◽  
pp. 30
Author(s):  
Hlamulo Reply Makelane
Keyword(s):  
Environmental Management ◽  
Impact Assessment ◽  
Industrial Development ◽  
Environmental Law ◽  
Research Question ◽  
Environmental Damage ◽  
Environmental Standards ◽  
Environmental Laws ◽  
The Impact ◽  
Laws And Regulations

<p class="emsd"><span lang="EN-GB">Many developed and developing countries have enacted environmental laws and regulations to control water quality and the environment. However, human activities, such as agriculture, urban and industrial development, mining, and recreation, significantly alter the quality of natural environments and their potential use. The compliance of firms with environmental laws is of great concern to scientists, governments, and regulatory agencies. The presence of hazardous chemicals in water resources even in small amounts may cause massive environmental damage. Thus, governments pass environmental laws and regulations to monitor human activity and enforce compliance with environmental standards. This study investigates the potential to improve firms’ compliance with environmental standards by implementing an environmental management plan (EMP) within a public firm and a private firm in South Africa. EMP implementation is required to mitigate and manage environmental risk. This study asks the following research question: To what extent does EMP implementation enhance a firm’s compliance to environmental laws and regulations? Further, to what extent are the specific characteristics of a firm associated with various EMP categories? The study used methods of inspection, observation, impact assessment, implementation, and monitoring to answer the research question. In both firms under study, the results showed no compliance with environmental law during initial site inspection and impact assessment. However, the implementation of EMPs in both firms improved compliance with environmental laws to nearly one hundred percent. As a result, EMPs were successfully implemented and monitored, improving the firms’ compliance with environmental laws and reducing negative environmental impacts to an insignificant level.</span></p>

scholarly journals Legal regime of biobanks in domestic legislation

2021 ◽  
Vol 7 (1) ◽  
pp. 57-62
Author(s):  
E. S. Kryukova ◽  
V. D. Ruzanova
Keyword(s):  
Critical Analysis ◽  
Legal Regulation ◽  
The Other ◽  
Complex Object ◽  
Legal Regime ◽  
Other Hand ◽  
Domestic Legislation ◽  
The One

In the article on the basis of a critical analysis of the existing positions in the doctrine the concept of a biobank as an object of rights was formulated. At the same time, it is proposed to distinguish between the organizations in charge of biobanks and the collections themselves. It was concluded that biobank is a complex object, which is differentiated unity, since its elements, on the one hand, are autonomous, but on the other hand, are interconnected and interdependent. It is emphasized that the formation of a single legal regime of biobanks is complicated by the substantive heterogeneity of this object and the diversity of its elements. Taking into account the experience of European States in this field of legal regulation and scientific views, the idea of publishing as a basic special law on biobanks, which should establish their legal regime as an object of rights and rules for organizations under the jurisdiction of biobanks, was supported. The need for organizations working with biobanks to provide unprecedented protection is proven. The structure of the legal regime of biobank has been determined and as its most important component a group of rules on obtaining the consent of the holder for the further use of biobanks and data derived from them has been identified. The feasibility of introducing more diverse forms of consent to the circulation of the contents of biobanks is justified.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

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.

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