La disciplina italiana e le tecniche di decisione nella gestione dell'ambiente

Author(s):  
Fabrizio Fracchia

- The article deals with the main patterns established by the Italian legal system with respect to the decisions regarding environmental issues. After outlining the most important theories related to the problem of the juridical definition of the environment, as well as the constitutional context, which assigns the environmental protection to the competence of the State, the analysis singles out five different models. The first one is the result of the application of the environmental principles established by the European sources and enforced by the Italian Law; in this regard, in particular, the precautionary principle interferes with the usual way through which the Public Entities take their final decisions. The second pattern embodies the idea according to which the environment is a prominent value, capable of prevailing over other values and interests. The third one, starting from the same assertion (the environmental interest must "win"), adds that it must only be assessed by technical bodies with a specific competence. The fourth model is based upon the premise that the environmental proceedings cannot be simplified, so that some legal tools such as "conferenza di servizi", silence and so on, cannot be applied in this field. The last pattern considers the possibility for Bodies different from the State (such as the Regions) to regulate the environmental issues, thus introducing stricter levels of protection of the environment. The article underlines that the size of this competence strictly depends on the notion of "protection of the environment" that is used (in any case, the Constitutional Court, since the fundamental decision n. 407 of 26th July 2002, considering the environment as a sort of transversal matter, has ruled that important room for regional legislative power does exist). Very often there is a sort of subsidiarity, since in the first place the technical bodies have the competence to take care of the environmental interest, while the bureaucracy or the politicians can intervene only afterwards and in case of inertia or conflict. The main thesis suggested by the article is that the most appropriate body entitled to take the final decision in the environmental field should be the political one. Emphasizing the principle of integration, the article assumes that the environment is an interest that must be taken into account by the decision makers, but adds that it must be balanced with other interests, in a perspective of relativism: it is a specific task of the political system to guarantee a final synthesis among different values. The article also underlines the relevance of the sustainable development principle, aimed at guaranteeing that the satisfaction of the current generation doesn't affect the quality of life and the chances of the future generations. The sustainable development is the true root of the whole environmental law buildings and basis of the other environmental principles, within the Italian context (Legislative Decree n. 152/2006). It seems to have left behind the limits, disciplinary also, of the environmental law, being now a general principle of the administrative activity tout court. It shows that the environmental decisions might usually affect the interests of the future generation, hence confirming that those choices must be made by the politicians, since they represent the whole community.Key words: Environment, decision patterns, sustainable development.JEL classifications: K32

2015 ◽  
Vol 6 (1and2) ◽  
Author(s):  
Insha Amin ◽  
Anish Yousaf ◽  
Rakesh Sharma

The business of tourism has been seen as a key player in the uprising of any destination but at the same time, makes it vulnerable to numerous parallel threats where a destination strives hard for its sustainability in the long run. Thus the future competitiveness and strength to survive for any destination depends on its ability to survive in the longer run and stand sustainable in terms of economic, natural and cultural resources and at the same time to ensure, efficient and planned consumption of the same. To satisfy the same it becomes imperative for the destination planners to incorporate their polices as such that lowest minimal depletion of resources is observed and maximum sustainable development of the destination is attained. The involvement of various stakeholders or destination planners in the progression of development of the destination cannot be overlooked. The state of Jammu and Kashmir is one of the leading destinations in terms of tourist inflow and the contribution of the various planning agencies cannot be ignored as far the development of the destination is concerned in the long run. This paper is an attempt to highlight the contribution of the various planning agencies in the sustainable development of the state of Jammu and Kashmir. The study gives an outline as to the various practices that should be adhered by the agencies so as augment the practice of sustainable development.


2019 ◽  
Vol 107 (1) ◽  
pp. 102 ◽  
Author(s):  
Jean-Pierre Birat

Materials are deeply connected with the environment, because they stem from raw materials extracted from the geosphere, rely on large amounts of energy and of water in their production stage, project emissions to air, water and soil when their ores (or minerals) are mined, when they are made in steel mills or cement kilns, including very significant amounts of greenhouse gases. They also contribute to emissions and energy consumption of the artifacts of which they are part, either consumption or investment goods. Their connection with the biosphere raises many issues, in terms of toxicology, ecotoxicology or biodiversity or simply of public health or in the working place. Materials, as an essential part of the anthroposphere, interact deeply with the anthroposphere itself but also with the biosphere, the geosphere, the atmosphere and the hydrosphere, thus with nature in a general way through mechanisms which can no longer simply be described at the margin, as resource depletion or as pollution. This raises issues related to the sustainability of materials in human activities, in which they are deeply immersed and entangled. The standard way of dealing with these environmental issues is to invoke sustainability and to explain that all actors are engaged in sustainable development, a morals or an ethics that points in which direction to go: all players in the materials field, industry, institutions and research, claim allegiance to sustainable development. At a more technical level, specific tools like Life Cycle Assessment (LCA) are used extensively to measure the interaction of materials with the environment. This, however, is not enough to deal properly with the environmental issues of materials, because these issues are not marginal any longer: the anthroposphere has become so large with respect to the biosphere, the geosphere and the planet in general that environmental risk is now part of modern life, especially in connection with climate change and the loss of biodiversity. To go deeper in analyzing the connection of human activities with nature, it is therefore necessary to reach out to SSH (Social Science and Humanities) disciplines and particularly to environmental ethics. This is a prerequisite for materials scientists (and others) to act decisively in the future in the face of the danger that lies ahead of us. The present paper reviews the advances of environmental ethics, a fairly young discipline born in the 1970s, in as far as it can help all actors on the world anthropospheric theater choose their lines for the future in a more conscious and sophisticated way than simply claiming obedience to sustainability. We will review briefly intellectual forerunners of the discipline like Jean-Jacques Rousseau, Henri David Thoreau, Rachel Carson or Paul Ehrlich. This will help flesh out well-known concepts like the precautionary principle or the “polluter-pays” principle, which are invoked in creating new materials or new processes to keep pollution and health issues under control, as part of the constraints of professional ethics but also of environmental law. It will be necessary to question to whom or to what the key concept of intrinsic value is attached: people, all living organisms or ecosystems, i.e. the environment in general, and thus to define anthropocentrism, biocentrism and ecocentrism. Environmental law and the ethics of sustainable development are still mainly anthropocentric while scientific ecology is more clearly ecocentric. To tackle the challenges of environmental issues as they are posed today and to avoid catastrophes, it might be necessary in the future for all social players and for people of the world of materials to follow the steps of environmental ethics and to move up from anthropocentrism to the broader vision of ecocentrism.


Author(s):  
Chris G. Pope ◽  
Meng Ji ◽  
Xuemei Bai

The chapter argues that whether or not the world is successful in attaining sustainability, political systems are in a process of epoch-defining change as a result of the unsustainable demands of our social systems. This chapter theorizes a framework for analyzing the political “translation” of sustainability norms within national polities. Translation, in this sense, denotes the political reinterpretation of sustainable development as well as the national capacities and contexts which impact how sustainability agendas can be instrumentalized. This requires an examination into the political architecture of a national polity, the norms that inform a political process, socioecological contexts, the main communicative channels involved in the dissemination of political discourse and other key structures and agencies, and the kinds of approaches toward sustainability that inform the political process. This framework aims to draw attention to the ways in which global economic, political, and social systems are adapting and transforming as a result of unsustainability and to further understanding of the effectiveness of globally diffused sustainability norms in directing that change.


Pomorstvo ◽  
2016 ◽  
Vol 30 (1) ◽  
pp. 45-50
Author(s):  
Mladen Jardas ◽  
Čedomir Dundović ◽  
Paola Badurina-Tomić

In the paper importance is given to the organization of the supply chain for a more efficient delivery of goods to city centers. Logistics activities are closely related because they depend on each other. The ultimate goal is to bring the product/goods to the end customer/consumer as soon as possible, on time, at the lowest cost, in perfect condition and in the appropriate quantity. The mutual coordination and cooperation of all participants in the supply chain can result in a satisfied end-user/customer. The development of information – telecommunication technologies – will greatly affect the future development and efficiency of the supply chain by finding new transport solutions that would mostly affect city centers. The paper mostly emphasizes the context of the delivery conditions in Rijeka’s city center with a proposal for the location of a future centralized distribution center.


Author(s):  
Núria Garro ◽  
Jose Moros-Gregorio ◽  
Alejandro Quílez-Asensio ◽  
Daniel Jiménez-Romero ◽  
Ana Blas-Medina ◽  
...  

We present the activities of the Innocampus Explora innovation project developed on the Burjassot-Paterna campus of the Universitat de València and whose main objective is to show the interrelation between the different scientific and technical degrees on campus. In this year, the work team made up of students and professors from all the faculties and schools of the Burjassot-Paterna campus, have carried out activities around environmental issues. A cross-sectional and interdisciplinary vision of the problems of the uses of plastic and nuclear energy that link with several of the Sustainable Development Goals (SDGs) dictated by the United Nations. With the development of this project we contribute to quality transversal training for all participating students.


2020 ◽  
Vol 29 (4) ◽  
pp. 233
Author(s):  
Senko Plicanic

<p>The article analyses the importance of an active role of the state in achieving the Sustainable Development Goals. Its starting point is that despite the fact that today there is a growing recognition in the world that for the implementation of sustainable development an active role of the state and local self-governing communities is indispensable and despite the fact that in Slovenia such a role of the state in implementing sustainable development stems from its Constitution, so far, too little has been done in Slovenia to achieve the Sustainable Development Goals. The purpose of this article is to analyse theoretical arguments and the Constitution in order to show the need for an active role of the state in implementing sustainable development goals, and also to discuss basic steps to be implemented in order to achieve an active role of the state in Slovenia. In this article comparative and analytical methods were used in studying the literature and regulation. The article, based on theoretical arguments and the constitutional analysis, identifies the need for an active role of the state in implementing sustainable development goals, and proposes arguments for it and also basic steps toward an active role of the state. The discussed topic is new and this article contributes to the field some fundamental arguments for the active role of state and for the more comprehensive policy-making. The article offers theoretical and constitutional arguments to be implemented in order to transform the present role of the state from a passive one into an active role and its findings are meant to be used by policy-makers and law-makers as a significant argument to pursue more active role of the state in implementing sustainable development goals.</p>


2015 ◽  
Vol 4 (2) ◽  
pp. 72-86
Author(s):  
Manzoor Ahmed

This paper provides a background to the on-going discourse on post-2015 global development agenda. It mentions key points from the UN Secretary General’s report on MDG progress and the process of formulating the future development agenda. The recommendations of the High Level Panel on post-2015 agenda and the work of the Sustainable Development Solutions Network (SDSN) are examined from the perspective of Education for Rural Transformation (ERT). It is concluded that the premise and rationale of ERT has received scant attention in the future development agenda discourse. The arguments regarding the pertinence of ERT in combating poverty and promoting sustainable development are noted, drawing on the recent UNESCO- INRULED study on this topic. 


Author(s):  
Н. Mashika

In the article, it has been examined the peculiarities of the transition of the towns of the Carpathian region to sustainable development. It has been established that today the global level has a significant impact on the socio-economic situation of Ukraine and the Carpathian region in particular. It has also been found out that according to the Constitution of Ukraine, our state is defined as “social”, which imposes certain obligations on it regarding strategic priorities of socio-economic development. However, sustainable development, which has three components, such as social, economic and ecological, is becoming of great relevance. It has been proved that social, economic and ecological components are the basis of economic potential both of the Carpathian region as the whole and of the towns that are part of the regions of this area. The main definitions of strategic management of sustainable development have been analysed. The features of strategic and operational management of sustainable development have been emphasized, and the main principles of strategic management of sustainable development have been described. This article describes the ratio of goals and means of economic development in the long-term run, which has been determined by the President of Ukraine. The analysis of indicators of the sustainable development of the Carpathian region has been carried out. The regulatory legal documents of the strategic management of the sustainable development of Ukraine and its regions have been clarified, and problems of the strategic management of sustainable development have been identified. It has been revealed that among the strategic regulatory legal acts the highest priority in terms of the sustainable development, in particular of the Carpathian region, belongs to the Strategy of the Sustainable Development “Ukraine-2020”, which was approved by the Decree of the President of Ukraine No. 5/2015 dated January 12, 2015. The purpose of the Strategy is to introduce European standards of living in Ukraine, and the emergence of Ukraine into leading positions in the world. For this purpose, the movement forward will be conducted according to the following vectors. The first one is the vector of development, which means the provision of the sustainable development of the state, the implementation of structural reforms and, consequently, the improvement of standards of living. Ukraine should become the kind of state with a strong economy and advanced innovations. The next vector is the vector of security, which means providing security guarantees for the state, business and citizens, and protecting investments and private property. The vector of responsibility is to ensure guarantees that every citizen, regardless their race, skin colour, political, religious or other beliefs, gender, ethnic or social origin, property status, place of living, language or other characteristics, should have access to high-quality education, the system of health care and other services in the public and private sectors. The last one is the vector of pride, which is to ensure mutual respect and tolerance in society, the pride of its own state, its history, culture, science, and sport.


2021 ◽  
Vol 110 ◽  
pp. 01040
Author(s):  
Alexey V. Vasilchikov ◽  
Oksana S. Chechina ◽  
Svetlana A. Nikonorova ◽  
Maria V. Rakhova

Unevenness is a feature of sustainable development of Russian territories. It arises due to the impressive difference in the provision of natural resources, residents’ mentality, natural and climate factors, the infrastructure that has formed over the years of territory’s existence, and other various conditions. The purpose of the issue is the research of the main factors reflecting the sustainability of development of Russia and proposes directions for improving the social, economic and environmental policy of the country.


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