scholarly journals Place of the ESPOO convention in the formation of the international legal mechanism for the protection of lake Baikal

2021 ◽  
Vol 3 ◽  
pp. 97-102
Author(s):  
D.V. Shornikov ◽  

The article examines the key provisions of the 1991 Convention on Environmental Impact Assessment in a Transboundary Context, the so-called Espoo Convention, as well as the developing provisions of the Protocol on Strategic Environmental Assessment (Kiev Protocol) of 2003 in terms of preventing negative anthropogenic impact on the natural environment, bearing in mind, first of all, the development of the mechanism of international legal protection of Lake Baikal. In the article is briefly characterized the experience of a number of countries in the post-Soviet space in the implementation of the provisions of these international documents into national legislation. The experience and current position of the Russian Federation on the application of the provisions and mechanisms of the Espoo Convention and the Protocol on Strategic Environmental Assessment in national practice are analyzed. The conclusion is sub-stantiated about the relevance and effectiveness of the use of mechanisms to prevent negative anthropogenic impact on the environment, enshrined in these international documents for the preservation of the unique ecosystem of the World Heritage Site - Lake Baikal.

2021 ◽  
Vol 3 ◽  
pp. 83-88
Author(s):  
R. Yu. Kolobov ◽  
◽  
Ya. B. Ditsevich ◽  
◽  

Within the framework of the project of building the concept of international legal protection of Lake Baikal, supported by the Russian Foundation for Basic Research, the analysis of acts and activities of the International Union for Conservation of Nature (hereinafter-IUCN; organization), promising for strength-World Heritage site “Lake Baikal”. The documents developed in the IUCN system on climate change (the manual “Adaptation to Climate Change”) are analyzed. Some of the conclusions of this document are extrapolated to the problems of protecting the Baikal ecosystem.


Author(s):  
Roman Yur'evich Kolobov ◽  
Yaroslava Borisovna Ditsevich

The subject of this research is the decisions made at the 44th session of the World Heritage Committee in the matter of conservation of the World Heritage Site – Lake Baikal. Using the scientific methods of analysis, synthesis, etc., the author carries out in-depth analysis of the content of documents approved at the 44th session of the World Heritage Committee regarding the Lake Baikal held in July 2021, within the framework of which the international community estimates the discharge of obligations by the Russian Federation concerning the preservation of ecosystem of the Lake Baikal. The goal of this article is to explore and offer solutions to certain problematic aspects of international legal protection of the Lake Baikal in the context of discussion unfolded at the 44th session of the World Heritage Committee. The article examines the legislative changes in regulation of the various groups of social relations in the Central Ecological Zone of Lake Baikal and its islands, and formulates recommendations for their improvement. The author determines the non-systemic nature of legal regulation in this sphere, and this, inability to forecast changes in the regime of legal protection of the Lake Baikal. For solution of the indicated issue, the author formulates the proposal on the need to develop and approve the long-term management plan for the World Heritage Site “Lake Baikal” using approaches of the bodies of the system of world heritage protection. The development of such plan would be facilitated by extension of the umbrella regime of the listed territory to the Central Ecological Zone of Lake Baikal and its islands, as well as by creation of single administration that would also control other listed territories that are part of it. Analysis is conducted on the topical issues related to conservation of the Lake Baikal ecosystem, which were outlined at the 44th session of the World Heritage Committee. The author suggests a number of amendments to the federal legislation aimed at strengthening the national legal protection of World Heritage Sites.


2021 ◽  
Vol 3 ◽  
pp. 83-88
Author(s):  
R. Yu. Kolobov ◽  
◽  
Ya. B. Ditsevich ◽  
◽  

Within the framework of the project of building the concept of international legal protection of Lake Baikal, supported by the Russian Foundation for Basic Research, the analysis of acts and activities of the International Union for Conservation of Nature (hereinafter-IUCN; organization), promising for strength-World Heritage site “Lake Baikal”. The documents developed in the IUCN system on climate change (the manual “Adaptation to Climate Change”) are analyzed. Some of the conclusions of this document are extrapolated to the problems of protecting the Baikal ecosystem.


Author(s):  
Yaroslava Borisovna Ditsevich ◽  
Roman Yur'evich Kolobov

This article reflects certain results of the research conducted within the framework of implementation of the scientific project No.0-011-00168, supported by the Russian Foundation for Basic Research, dedicated to comprehensive analysis of the international legal regimes for the protection of Lake Baikal. Emphasis is placed on the protection regime of the world heritage, realized on the basis of the cognominal convention. Recognition of the role played by the mechanisms for protection of the World Heritage in conservation of the unique ecosystem of Lake Baikal, the authors note that within the framework of Convention concerning the Protection of the World Cultural and Natural Heritage there are promising mechanisms that are currently did not receive due reflection with regards to protection of the lake. Such instruments include the list of world heritage sites that are under a threat; development of the plan for maintaining the world heritage site; strategic environmental assessment of planned activity that may negatively impact the site. The conclusion is made on the need for implementation of the following international legal mechanisms with regards to protection of Lake Baikal: inclusion of Lake Baikal into the list of world heritage sites that are under the threat, upon the initiative of the Russian Federation in case of construction of hydroengineering structures by Mongolia on the Selenga River without taking into account the priorities for preservation of the lake ecosystem; elaboration of the plan for protection of Lake Baikal as the world heritage site. The author also underlines the need to develop the plan that would become the means for harmonization of various legal regimes that ensure protection of the Lake Baikal. Attention given to the approaches towards assessing the impact upon the environment existing within the system of protection of world heritage. It is suggested to consider the recommendations of the International Union for Conservation of Nature and Natural Resources to conduct such assessment on World Heritage sites.


Author(s):  
Alexander Sukhodolov ◽  
Andrey Fedotov ◽  
Pavel Anoshko ◽  
Alina Kolesnikova ◽  
Polina Sorokina ◽  
...  

Lake Baikal is a unique natural object and a UNESCO World Heritage Site. At the same time, Baikal is a major fresh water inland fishing water body of Russia and the whole Eurasian continent. Extensive fishing began here in the second half of the 19th century and continued, with short-term moratoriums on commercial fishing connected with the depletion of valuable fish stocks, until October 2017, when a new ban was imposed. One of the reasons for this ban was a growing scale of illegal, unreported and unregulated fishing. In spite of restrictive measures, illegal fishing in Baikal is massive. According to statistical data provided by Chief Department of Internal Affairs in Irkutsk Region, the Ministry of Internal Affairs of the Buryat Republic, Department of the Ministry of Internal Affairs of Russia in Zabaikalsky Region and the Federal Service for Supervision of Natural Resources, the number of crimes under Art. 256 of the Criminal Code of the Russian Federation increased 45 % from 2013 to 2018. After the fishing of omul was limited in 2017, the problem of illegal fishing became a burning issue. The current measures of preventing environmental violations in this sphere are not always well-coordinated. To improve their effectiveness, it is necessary to take into account the results of a systemic monitoring of the complex of causes that determine this problem when developing new measures. The authors of the article use mathematical modeling, primarily, regression analysis, to research the factors that lead to crimes and violations of law in the sphere of fishing. The identification and research of factors determining illegal fishing of water bio-resources with the use of mathematical modeling is an element of a deeper analysis of criminological data carried out with the purpose of improving the effectiveness of counteracting illegal fishing and protection of a unique natural object - Lake Baikal.


2021 ◽  
Vol 75 (2) ◽  
pp. 60-66
Author(s):  
Andriy Danylevskyi ◽  
◽  
Yuliya Danylevska ◽  

In connection with the numerous facts of violations of the special legal regime of historical and cultural lands, in particular, their illegal development, a number of draft laws have been developed, which increase the responsibility for the destruction of immovable cultural heritage and violation of the traditional nature of the environment. The presented work is devoted to the analysis of legislative initiatives enshrined in the draft law No. 4562 «On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening Responsibility for the Destruction of Immovable Cultural Heritage and Violation of the Traditional Nature of the Environment», and the correlation of the provisions of this draft law with the provisions of the Criminal Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine «On the Protection of Cultural Heritage». Thus, the draft law is proposed to supplement Art. 197-1 of the Criminal Code of Ukraine «Unauthorized occupation of a land plot and unauthorized construction» with three new parts regarding the unauthorized construction of buildings or structures: in the historical area of historical settlements (Part 5 of Art. 197-1); on the territory of a historical and cultural reserve, a historical and cultural protected area, a world heritage site or in its buffer zone (Part 6 of Art. 197-1); and the acts provided for by parts five and six of this article, if they are committed repeatedly (Part 7 of Art. 197-1). In addition, it is proposed to determine the type and amount of punishment for these acts. The conducted research shows that the criminal law norms described in Art. 197-1 of the Criminal Code of Ukraine, are able to implement a protective function regarding illegal occupation or unauthorized construction on lands of historical and cultural purposes, and therefore there is no need to adopt the law draft No. 4562 «On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening Responsibility for the destruction of immovable cultural heritage and violation of the traditional character of the environment», which is imperfect in terms of legal drafting methodology. However, a promising direction of scientific research and possible legislative initiatives on the issue under consideration may be the development of measures of criminal legal action against persons who illegally build up the lands on which cultural heritage sites are located.


2020 ◽  
Vol 117 (44) ◽  
pp. 27211-27217
Author(s):  
George E. A. Swann ◽  
Virginia N. Panizzo ◽  
Sebastiano Piccolroaz ◽  
Vanessa Pashley ◽  
Matthew S. A. Horstwood ◽  
...  

Lake Baikal, lying in a rift zone in southeastern Siberia, is the world's oldest, deepest, and most voluminous lake that began to form over 30 million years ago. Cited as the “most outstanding example of a freshwater ecosystem” and designated a World Heritage Site in 1996 due to its high level of endemicity, the lake and its ecosystem have become increasingly threatened by both climate change and anthropogenic disturbance. Here, we present a record of nutrient cycling in the lake, derived from the silicon isotope composition of diatoms, which dominate aquatic primary productivity. Using historical records from the region, we assess the extent to which natural and anthropogenic factors have altered biogeochemical cycling in the lake over the last 2,000 y. We show that rates of nutrient supply from deep waters to the photic zone have dramatically increased since the mid-19th century in response to changing wind dynamics, reduced ice cover, and their associated impact on limnological processes in the lake. With stressors linked to untreated sewage and catchment development also now impacting the near-shore region of Lake Baikal, the resilience of the lake’s highly endemic ecosystem to ongoing and future disturbance is increasingly uncertain.


2021 ◽  
Vol 895 (1) ◽  
pp. 012009
Author(s):  
Tc Zh Bazarzhapov ◽  
V G Shiretorova ◽  
L D Radnaeva ◽  
Dong Suocheng ◽  
Li Zehong ◽  
...  

Abstract Investigation of the transformation of substances in the basin of the Selenga River, the main tributary of Lake Baikal, due to anthropogenic impact under conditions of global climate change, is especially important for Lake Baikal which is a World Natural Heritage Site and the main source of fresh drinking water not only in the region, but also in the world. One of the key research objects in the Selenga River basin, which is subject to significant anthropogenic impact, is the ecosystem of Lake Gusinoe. This study presents the results of analysis of the physical and chemical parameters of the water mass of Gusinoe Lake basin. for the period from 2017 to 2020. Thus, the results on hydrochemical indicators for a long-term period of research of the lake show changes in the chemical composition of water and the concentration of main ions. In 2020, the content of almost all metals was higher than in 2017-2020, which may be due to the rise in the level of Lake Gusinoe and groundwater that began in 2019 and continued in 2020, as a result of rain floods that caused flooding of the coastal territories and the entry of pollutants into watercourses and the lake.


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