scholarly journals The Contrast of Political Development and the Environment

2018 ◽  
Vol 1 (1) ◽  
pp. p39
Author(s):  
Hamid S ◽  
Roghayyeh V
Keyword(s):  
Civil Society ◽  
International Law ◽  
Political Development ◽  
Environmental Law ◽  
Academic Disciplines ◽  
Advocacy Groups ◽  
Environmental Advocacy ◽  
Environmental Laws ◽  
Pressure Groups ◽  
Political Decisions

Political development has played an important role in the development of environmental law indirectly. Mechanism linking political development to environmental change is that political development provides an opportunity for different groups and civil society, including environmental advocacy groups, academic & scientific pressure groups to influence on political decisions and legislation. Establishing new academic disciplines particularly the environment international law, and trying to play a constructive role in the protection of the environment largely influenced by the pressure and influence of civil society. New social movements, particularly the Greens, diverted attention from economic development and class struggles to the environmental issues and through this; they were effective in the formation of convections and pro-environmental laws.

Non-Governmental Organizations and Civil Society

2008 ◽  
Author(s):  
Peter Spiro
Keyword(s):  
Civil Society ◽  
International Law ◽  
Environmental Law ◽  
World Politics ◽  
International Environmental Law ◽  
International Regulation ◽  
Governmental Organizations ◽  
Theoretical Approaches ◽  
Non Governmental Organizations ◽  
Law Making

Among the features of emerging decision-making structures, the participation of non-governmental organisations (NGOs) may be the least amenable to traditional models of world politics. For political leaders and scholars alike, NGOs' place and legitimacy as independent global actors remains contested. International environmental law making has presented a useful vehicle for the study of NGOs and civil society in this new global context. Along with human rights, international environmental law stands at the forefront of international law making. A relatively new area of intensive international regulation, its institutional features are thus only now being mapped out, and can reflect the evolving role of NGOs in a way that more entrenched regimes cannot. This article examines major theoretical approaches to NGO participation in international law, both generally and with specific application to international environmental law. It also considers their place in liberal theory, focusing on NGOs as stakeholders acting through international institutions and as freelancers acting through the marketplace.

scholarly journals LOBBYING IN UKRAINE’S CURRENT POLITICAL COORDINATES

2018 ◽  
pp. 8-11
Author(s):  
Larysa Abyzova ◽  
Kateryna Nechiporuk
Keyword(s):  
Political Development ◽  
Political Process ◽  
Legal Regulation ◽  
Theoretical Development ◽  
State Institutions ◽  
Pressure Groups ◽  
Promising Strategy ◽  
Democratic System ◽  
Business Structures ◽  
Political Decisions

Actualization of development problem of lobbying institution in legal, political and socio-cultural areas is caused not only by practical need in political development of Ukraine, but also by consequence of a general political science theoretical development. This article analyses the study of a powerful resource of political power - groups of pressure in the current political coordinates of Ukraine. Lobbyism is interpreted as a phenomenon conditioned by the peculiarities of American political process and American legislation, but it is emphasized that special mechanisms and methods of pressure on political government by non-governmental structures is inherent in any democratic system of government. It has been found that the system of pressure by "interested groups" is actively forming and operating in Ukraine, however, lobbyism in our country has not received proper coverage and legal regulation. The purpose of lobbying is to consolidate pressure groups’ interests or third parties’ interests in decisions management. It is noted that the methods of lobbyism that contain unlawful actions in spite of external decency (for example, corruption component) are used quite widely. The emphasis is made on the fact that most political decisions are not formed on the level of open official rule, but in the hidden process of rivalry, adaptation and regulation among numerous interested groups. Obviously, political leadership in Ukraine is largely controlled by large business structures. Currently in Ukraine there is awareness about a need in institutionalization of lobbyism as part of political and democratic process, which, under conditions of legally regulated use, can contribute to the formation of a promising strategy for the development of Ukrainian state. It is concluded that dynamics of political space development in Ukraine depend on the constructive interaction between state institutions and pressure groups.

scholarly journals The North and South Divide in the Practice and Application of International Law: A Humanitarian and Human Right Law Perspective

2018 ◽  
Vol 11 (1) ◽  
pp. 79 ◽  
Author(s):  
Abdul Hamid Kwarteng ◽  
Thomas Prehi Botchway
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Humanitarian Law ◽  
Human Right ◽  
Environmental Laws ◽  
Syrian Crisis ◽  
The North ◽  
Draft Resolution ◽  
The One ◽  
North And South

The North and South divide in the practice and application of international laws have been previously perceived to be evident in international environmental law where the Global developed North countries on the one hand advocate for a collective action to protect the environment while the Global developing Southern countries, on the other hand, argue for social and economic justice in practice. However, in recent times the North and South divide has permeated other aspects of international law such as International Human right and International Humanitarian law (IHL), hence the essence of this article. Thus, this article contributes to the existing literature by providing evidence to the existence of the North and South divide in the application of IHL and human right law.The article is divided into four main parts. The first part gives an introduction to the North and South divide in the application of international law. The second part reviews the literature on the existence of North and South divide in the application of international environmental laws. The third part gives a new dimension to the North and South divide in the application of international humanitarian and human right laws with the Syrian Crisis, Malaysian Airline flight MH17 and the 2007 draft resolution on the peace and security of Myanmar as the case studies. The last part concludes by giving an overview of how this phenomenon threatens world peace and consequently offers some recommendations.

A critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) LtdA critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd

2021 ◽  
Vol 138 (3) ◽  
pp. 617-648
Author(s):  
Melissa Strydom
Keyword(s):  
South Africa ◽  
Southern Africa ◽  
Environmental Law ◽  
Strict Liability ◽  
Environmental Advocacy ◽  
Environmental Laws ◽  
Applicable Law ◽  
The Public

There has been much debate about ‘after the fact’ environmental authorisations and the ability to privately prosecute environmental-law offences in South Africa. These two issues came to a head in Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd. This case is the first known private prosecution of environmental-law contraventions in South Africa. BP Southern Africa (Pty) Ltd (‘BPSA’) was privately prosecuted for constructing filling stations without environmental authorisations, allegedly between 1998 and 2005. BPSA submitted ‘rectification’ applications in 2005, paid administrative fines, and was issued with ‘after the fact’ environmental authorisations. Nevertheless, in 2019 BPSA was convicted for contravening the related environmental-law requirement. This article discusses the applicable legislative context, the complex and frequently changing environmental laws, and their interpretation and application in a criminal context. Criticisms of the Uzani judgment include that the court did not sufficiently deliberate or determine the applicable law at the time of the offences for which BPSA was indicted; the public or environmental interest served by the private prosecution; strict liability in relation to the offence; policy and other considerations for not prosecuting these offences; constitutionality and admissibility of the evidence; and the potentially far-reaching consequences of such prosecutions. These issues all act as reminders of the importance of clear and precise legislative drafting, and contextual interpretation.

scholarly journals INTERNATIONAL ENVIRONMENTAL LAW AND CONSERVATION SCIENCE

2015 ◽  
Vol 3 (9SE) ◽  
pp. 1-5
Author(s):  
DeepaliAmb Prasad ◽  
Sanjay Prasad
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Natural World ◽  
The Body ◽  
Human Interaction ◽  
International Environmental Law ◽  
Environmental Laws ◽  
Paper Work ◽  
United Nations System ◽  
Nations System

This paper work on international law the body of international law regulating human interaction with the natural world, little of the governance of natural resources, for example, is ‘environmental’. Subsisting at the periphery, environmental law focuses on conserving particular species and ‘ecosystems’, and curbing certain kinds of pollution. Its principles are vague, peppering the margins of rulings within other judicial. The existing methods are slow, cumbersome, expensive, uncoordinated and uncertain. Something better must be found if the environmental challenges the world faces are to be dealt with successfully. Unless we devise a better way to make international law for the environment, future progress is likely to be piecemeal, fitful, unsystematic and even random. The justification for taking bold steps now rests on analysis of three factors: the formidable nature of the environmental issues that must be dealt with; the condition of international organization relating to the environment, particularly the United Nations system; and the methods currently used to make international environmental law. In this paper, we suggest that international environmental laws are due to two competing heritages. The ‘natural world as sacred, inviolable, and redemptive.

The Meritocratization of Civil Society

2017 ◽  
Author(s):  
Mark Bovens ◽  
Anchrit Wille
Keyword(s):  
Civil Society ◽  
Third Sector ◽  
Political Influence ◽  
Public Affairs ◽  
Civil Society Organizations ◽  
Advocacy Groups ◽  
Interest Representation ◽  
The People ◽  
Professional Advocacy ◽  
Education Gap

Civil society organizations are, if not schools, at least pools of democracy. In the ‘third sector’, too, active engagement and participation ‘by the people’ have given way to meritocracy, or, in other words, to rule by the well-educated. Many popularly rooted mass organizations have witnessed a decline in membership and political influence. Their role as intermediary between politics and society has been taken over by professionally managed advocacy groups that operate with university educated public affairs consultants. First, the chapter describes the associational revolution, the enormous increase in the number of civil society organizations. Then it in analyses the education gap in membership and the shift from large membership organizations to lean professional advocacy groups, which has occurred over the past three decades. The chapter concludes with a discussion of the net effect of this meritocratization of civil society for political participation and interest representation.

Juvenile Justice

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
Juvenile Justice ◽  
United Nations ◽  
International Law ◽  
Law Reform ◽  
Child Victims ◽  
Present Stage ◽  
Alternative Care ◽  
Need Of Care ◽  
History Of

This chapter deals with those children in especially difficult circumstances that are vulnerable, marginalized, destitute, and neglected and deprived of their basic rights. It commences with a history of the Juvenile Justice legislation in India right from the Children’s Act of 1960s to the current Juvenile Justice (Care and Protection of Children) Act, 2015. The barriers faced in the administration and implementation of the Juvenile Justice legislation throughout its evolution to its present stage is discussed in detail. How the law deals with children in need of care and protection and children in conflict with law are discussed in this chapter. Landmark judgements by courts and suggestions for further law reform are included. This chapter also contains international law relating to administration of juvenile justice, and United Nations guidelines in matters in matters involving child victims and witnesses of crime including UN Guidelines on Alternative Care of Children. Some civil society interventions are also included.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

scholarly journals The Impact of Sustainability Awareness and Moral Values on Environmental Laws

2021 ◽  
Vol 13 (11) ◽  
pp. 5882
Author(s):  
Rita Yi Man Li ◽  
Yi Lut Li ◽  
M. James C. Crabbe ◽  
Otilia Manta ◽  
Muhammad Shoaib
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Environmental Law ◽  
Developed Countries ◽  
Moral Values ◽  
Web Pages ◽  
Environmental Legislation ◽  
Environmental Laws ◽  
Academic Publications ◽  
The Impact

We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

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