scholarly journals Instituting Principle for the reproduction (restoration) of natural resources and complexes in the Context of Ensuring and Protecting Fundamental Human Rights

2021 ◽  
Vol 4 (4) ◽  
pp. 62-89

This article is devoted to the study of instituting principles for the reproduction (restoration) of natural resources and complexes in the context of ensuring and protecting fundamental human rights. The paper analyses these principles and proposes dividing them into four groups according to their functional purpose: system- forming, organisational, preventive, and that of economic direction. The principle of legal provision for the ecosystem approach to the reproduction (restoration) of natural resources and complexes and the ‘net gain’ principle are of particular interest in the system for the reproduction (restoration) of natural resources and complexes. These two principles should be considered the most important ones and be the basis for the following: organising and implementing measures for the reproduction (restoration) of natural resources and complexes; recovering and improving the quality of ecosystems; preventing and eliminating harmful economic impacts on the environment and human health; ensuring the sustainable functioning of ecosystems by indissolubly linking and balancing all environmental objects. It is established that instituting principles for the reproduction (restoration) of natural resources and complexes are universal regulations of positive law, generally influencing the formation of state environmental policy and law-making, as well as litigation in Ukraine that is concerns environmental law principles.

Author(s):  
Jérémie Gilbert

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.


Author(s):  
Lyudmyla Dobroboh

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.


2021 ◽  
Vol 1 (19) ◽  
pp. 3
Author(s):  
Anatolii P. Getman ◽  
Anna Anisimova

The article considers environmental law policy as a component, an independent type of national legal policy, as well as state and sectoral environmental policy. The existence of correlative, mutual influence of ecological and legal doctrine on formation of the corresponding policy is proved. It is substantiated that the ecological and legal legal doctrine significantly influences the current state of the state ecological policy (and this influence is mutual), formation of the ecological legislation and integration of Ukraine into the European legal space. It was stated that Ukraine first of all needs to intensify law-making, modernize the provisions of the environmental and legal doctrine, based on the concepts of which will be revised, updated provisions of public policy, legal understanding, and hence law enforcement. Further institutionalization of the basic provisions of the ecological and legal doctrine in the legislation becomes a necessary condition for the further development of law-making and statehood. It is emphasized that the use of environmental and legal doctrine will speed up the law-making process, in particular due to the adaptation of regulations to European standards; formulate legislative definitions that will gradually become an important part of environmental regulations; develop a "road map" for the development of environmental policy and legislation, etc. It is emphasized that the current state of the legal system requires a fuller use of the law-making potential of environmental law doctrine and the implementation of its main functions - stabilizing, guiding, heuristic, rule-making, evaluative and prognostic. Therefore, it is expedient to apply the ecological and legal doctrine as a methodological platform of the ecological and legal policy. The necessity of developing concepts of systematization of the ecological legislation, and also legal policy is proved.


Author(s):  
Sacha Garben

Article 191(1) TFEU provides the objectives of the EU’s environmental policy. These are the preservation, protection, and improvement of the quality of the environment, the protection of human health, the prudent and rational utilization of natural resources, and, in an external dimension, the promotion of international measures to deal with environmental problems. The specific reference to climate was added by the ToL. Not mentioned in the Environment Title, but separately in Article 13 TFEU, the EU, furthermore, expresses a commitment to animal welfare, ‘since animals are sentient beings’, which one could equally consider an aspect of environmental policy.


2021 ◽  
Vol 23 ◽  
pp. 224-242
Author(s):  
Yermek Buribayev ◽  
Zhanna Khamzina ◽  
Bolat Zhumagulov ◽  
Baurzhan Zhangutin ◽  
Sabit Daubassov

Kazakhstan is a country experiencing tangible environmental problems. Currently, it faces numerous environmental problems such as air pollution, water pollution, exploitation of natural resources, negative consequences of mining, etc. In order to cope with environmental problems, a number of legislative acts have been enacted: the Environmental Code, the Water Code, the Forestry Code, a number of laws and government decrees that provide a legal basis for sustainable development. But, unfortunately, these laws and policies were not properly implemented due to issues such as inconsistency, weak enforcement, the presence of internal contradictions, gaps, and discrepancies, etc. As a result, the current legislation in the field of environmental protection does not meet the development objectives of our country, its lack of transparency hinders the development of the economy, and indistinctness reduces the competitiveness of domestic producers in the world market and the volume of investments attracted to the economy. Many aspects of the state's environmental activities remain unregulated from a legal point of view, which, on the one hand, leads to a deterioration in the quality of the environment and the plunder of natural resources, and on the other hand, creates conditions for the development of corruption. This study proposes individual solutions to problems in the environmental sphere by creating new legal norms, as well as eliminating contradictions between existing regulatory legal acts, systematizing legislation and establishing a unified practice of applying norms. It is concluded that the implementation of environmental human rights depends on the quality of regulatory legal acts and their effective application.


2020 ◽  
Vol 15 (3) ◽  
pp. 55-64
Author(s):  
S. V. Narutto

The paper deals with the issues of law-making development in the context of actual ideas of Prof. Ekaterina I. Kozlova with regard to the place of a legislative body in the system of state power, order and the results of its activities, the problems of limits of legislative regulation and the politicization of legislation leading to a decline in the quality of laws. The author substantiates the conclusion that the expansion of legislative regulation creates problems, including conflict-of-laws rules, legal uncertainty, numerous references to regulation carried out through bylaws. Excessive legislative regulation leads to restriction of human rights and freedoms, hinders democratic processes. At the same time, the existence of gaps in the legislative material leads to arbitrary interpretation and unlimited discretion of the enforcement.Prof. Kozlova’s works have been developed in the modern scientific doctrine of parliamentarism, federal legislative process and legislation, public control.


2019 ◽  
Vol 21 (4(73)) ◽  
pp. 46-56
Author(s):  
E.G. GORDIUCHYK ◽  
К.O. KOSTETSKA

Topicality. In today's socio-economic development, companies are finding the way to find new ways to increase their competitiveness. Also, in view of the global development trends and the latest documents, the socio-economic elements are becoming more and more relevant, which give a new experience to the person and provide an increase in quality of life parameters. Formation of modern trends and the transition to a new type of management, characterized by the increasing importance for a person to gain a special impression (experience) in the acquisition of a particular product or service, through the use of material or intangible production. Price competition changes weight, because a person is ready to spend big money to gain special experience, incl. from natural diversity. Therefore, the economy of impressions / experience, which is focused on consumer sensations and reflects the latest processes and phenomena of the post-industrial stage of development of society, is becoming increasingly relevant. Aim and tasks. The purpose of the article is to determine the theoretical basis for shaping the situation of the experience economy in light of the world trends and goals of the Millennium Development, defined in international documents. Research results. Taking into account the current trends of world development, the experience economy should become a component of inclusive growth on the basis of harmonization of interaction between society and the natural environment, social inclusion. Such guidelines can also be noted as key in the document Basic Principles of State Environmental Policy of Ukraine until 2030. At present, there is a mismatch between state legislative documents and regional development strategies. There is no clear detail of actions at the level of regional development plans. Thus it is necessary to distinguish priority directions of development of the economy of impressions in the structure of development of territories taking into account its functional features (recreational tourism, industrial, agricultural) and introduction of ecosystem approach for all directions of socio-economic development. To this end, it is necessary to highlight the basic principles of the economy of experience, taking into account the basic principles of sustainable development adopted at the UN Conference on Environment and Development.Conclusion. The study identified the origins and prerequisites of forming an impression economy. The author defined the essence of the notion of impression as a component of the impression economy, investigated existing approaches to determining the category of impression economy, analyzed the global trends in the development of the economy in terms of impressions, substantiated the use of natural resources to obtain positive impressions and improve quality of life. According to the authors, modeling the preconditions for the development of the economy of impressions can be understood as ensuring the health and socio-aesthetic development of man, the inclusion of society, the introduction of ecosystem approach that will promote inclusive growth and conservation of its natural resource potential. All kinds of natural resources (mineral, climatic, aquatic, land, forest, recreational, etc.) have a direct influence on forming an impression in the process of consuming the service and in the perception of the quality of life of a person. Therefore, it can be stated that natural resources are an essential component of the impression economy.


2019 ◽  
Vol 9 (5) ◽  
pp. 1044
Author(s):  
Netty S.R. NAIBORHU

Environmental issues should not be placed on one side, namely the government (legislative, executive and judicative), but all components of the existing layer in a country must be able to interpret the green constitution in the hearts of each. Green constitution as the idea of constitutionalizing the norm of environmental law into the constitution by raising the draft of environmental protection norms to the constitution level. Approach method used in this research using a normative juridical approach with the focus related to the green constitution as reinforcement of environmental principles in the Constitution with data obtained and analyzed by using a qualitative normative method. This constitutionalization can be grouped into three types. First, formal constitutionalization. This group has a style in which the constitutionalization of environmental policy is carried out by putting it in a formal form on the environment and ideas of sustainable development; Secondly, substantial Constitutionalization. This model is interpreted as a practice of constitutionalization that is not only limited to formal but substantially. As for a reason, that environmental policy becomes the spirit (spirit) of the constitution in a country, Third, structural constitutionalization. This model is an extreme ending which changes the environmental paradigm of the object into the subject of human rights so that the environment can be viewed as a separate legal subject structure beside the human subject.


2020 ◽  
Vol 30 ◽  
pp. 59-71
Author(s):  
Michał Czuba

Humans and their existence depend on the natural system. Maintaining balance in this system requires proper management of natural resources and taking actions aimed at limiting and preventing negative effects of the economic activity as well as rational use of natural resources available in a given time. The effects of the intensive development of the economy with the uncontrolled use of natural resources were felt by developed countries already in the first, and much stronger in the second half of the 20th century. One of them is air pollution contributing to the formation of smog. This problem is so important in Polish conditionsthat measures are taken by the government and its authorities to limit the effects and scope of this phenomenon. These activities serve to increase the ecological security. Over the past dozen or so years, there has been a significant evolution of environmental policy in Poland, new regulations have been created in the field of environmental law. The paper analyzes the issues of Poland’s environmental policy up to 2030 and the “Clean Air” program implemented under this policy. It also attempts to indicate the positive social effects resulting from its implementation.


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