scholarly journals DESAFIOS E PERSPECTIVAS PARA A EFETIVAÇÃO DA PROTEÇÃO JURÍDICA AO MEIO AMBIENTE NA ZONA COSTEIRA BRASILEIRA (CHALLENGES AND PERSPECTIVES FOR THE EFFECTIVENESS OF LEGAL PROTECTION TO THE ENVIRONMENT IN THE BRAZILIAN COASTAL ZONE)

2019 ◽  
pp. 162-179
Author(s):  
Samira Dos Santos Daud ◽  
Jhonny Vieira da Trindade
Keyword(s):  
Environmental Management ◽  
Environmental Protection ◽  
Coastal Zone ◽  
Legal Protection ◽  
Prior Authorization ◽  
Legal Basis ◽  
Land Occupation ◽  
Ecological Economic ◽  
Legal Texts

RESUMO:O presente estudo tem por objetivo identificar e analisar o embasamento jurídico da proteção ao meio ambiente, especificamente à zona costeira brasileira, bem como as possibilidades de efetivação desses textos legais. Ainda será apresentado o conceito de Zoneamento Econômico-Ecológico e sua importância para garantia de uma gestão jusambiental sustentável. Essas discussões se justificam, dentro outras, em razão dos sérios problemas que atingem a zona costeira brasileira por causa da ocupação territorial desordenada desses locais, sem prévia autorização de ocupação do solo. Por fim, apresenta-se uma reflexão sobre a necessidade da interdisciplinaridade e sua importância para a efetivação dos dispositivos constitucionais e legais como garantia de um meio ambiente para todos. Trata-se de um artigo cuja metodologia utilizada foi a revisão bibliográfica.Palavras-chave: Zona Costeira; Meio Ambiente; Gestão Jusambiental; Zoneamento Ecológico Econômico. ABSTRACT:This study aims to identify and analyze the legal basis of environmental protection, specifically the Brazilian coastal zone, as well as the possibilities of effecting these legal texts. The concept of economic-ecological zoning will still be presented and its importance to guarantee sustainable environmental management. These discussions are justified, in other cases, because of the serious problems affecting the Brazilian coastal zone because of the disorderly territorial occupation of these places, without prior authorization of land occupation. Finally, we present a reflection on the need for interdisciplinarity and its importance for the effectivity of constitutional and legal devices as a guarantee of an environment for all. This is an article whose methodology used was the bibliographic review.Keywords: Coastal Zone; Environment; Jusenvironmental Management; Ecological Economic Zoning.

scholarly journals EKSISTENSI PRINSIP PENCEMAR MEMBAYAR DALAM SISTEM PENEGAKAN HUKUM AGRARIA

2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Fajar Sugianto ◽  
Sanggup Leonard Agustian ◽  
Nisa Permata Basti
Keyword(s):  
Environmental Management ◽  
International Law ◽  
Environmental Protection ◽  
Legal System ◽  
Agrarian Reform ◽  
Legal Liability ◽  
Legal Basis ◽  
Polluter Pays Principle ◽  
Compensation Payments ◽  
Economic Instrument

Law Number 32 of 2009 concern about Environmental Protection and Management does not provide adequate regulation in providing sanctions against perpetrators of pollution, except only providing a legal basis for employers to provide compensation payments to victims of pollution. Therefore it is necessary to know about the position of the Polluter Pays Principle in the Environmental Legal System as Agrarian Reform. The principle of paying polluters who have the function of authorizing should not be formulated in the explanatory section of the article. If following the explanation of Law No. 23 of 1997 concerning Environmental Management, the purpose of the principle of polluter pays, even has many meanings such as paying to pollute or can be interpreted as a license to pollute. As a result of the study of international law, the principle of polluter pays has two meanings, namely as an economic instrument with the intention of charging fees to potential polluters and is also interpreted as a basic instrument to hold legal liability for incidents of environmental pollution.Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup tidak memberikan pengaturan memadai dalam memberikan sanksi terhadap pelaku pencemaran, kecuali hanya memberikan landasan hukum bagi pengusaha untuk memberikan pembayaran kompensasi kepada korban pencemaran. Oleh karena itu perlu mengetahui mengenai kedudukan Prinsip Pencemar Membayar (Polluter Pays Principle) dalam Sistem Hukum Lingkungan Sebagai Reformasi Agraria. Prinsip Pencemar Membayar yang memiliki fungsi mengesahkan seharusnya tidak dirumuskan dalam bagian penjelasan pasal. Jika mengikuti penjelasan Undang-undang No. 23 Tahun 1997 tentang Pengelolaan Lingkungan Hidup, maka maksud Prinsip Pencemar Membayar, bahkan memiliki banyak pemaknaan seperti membayar untuk mencemari (paying to pollute) atau dapat dimaknai sebagai license to pollute. Hasil telaah hukum internasional, prinsip pencemar membayar memiliki dua pemaknaan, yaitu sebagai instrumen ekonomi dengan maksud pembebanan biaya kepada pelaku pencemar yang potensial dan diartikan juga sebagai instrument dasar untuk menuntut pertanggungjawaban hukum atas terjadinya kasus pencemaran lingkungan.

An Environmental Management Strategy for the International Seabed Authority? The Legal Basis

2015 ◽  
Vol 30 (1) ◽  
pp. 93-119 ◽  
Author(s):  
Aline Jaeckel
Keyword(s):  
Environmental Management ◽  
Environmental Protection ◽  
Management Strategy ◽  
Ad Hoc ◽  
Marine Biodiversity ◽  
Legal Basis ◽  
Protection Measures ◽  
National Jurisdiction ◽  
International Seabed Authority ◽  
Near Future

The number of contracts granted by the International Seabed Authority (isa) to explore minerals on the seabed beyond national jurisdiction has increased greatly in recent years and commercial exploitation is scheduled to start in the near future. A core challenge is to establish adequate environmental protection measures, procedural safeguards, and institutional arrangements to balance commercial mining with environmental protection. This is especially important given the urgent need to utilize existing legal and institutional frameworks, such as the isa, to protect marine biodiversity in areas beyond national jurisdiction. This article analyses the isa’s mandate to adopt a comprehensive environmental management strategy. It outlines the legal basis of eight potential components of such a strategy. Although several of these have been endorsed by the isa on a temporary or ad hoc basis, substantial gaps remain. An environmental management strategy could provide for systematic environmental safeguards during both exploration and exploitation for minerals.

scholarly journals Curative protection for the satisfaction of the weaker party in contractual relations: الحماية العلاجية لرضا الطرف الضعيف في العلاقات التعاقدية

2020 ◽  
Vol 4 (5) ◽  
Author(s):  
Hiba Mehdi Adnan Al-Fahham, Ammar Kereem Al-Fetlawy
Keyword(s):  
Legal Protection ◽  
Comparative Approach ◽  
Legislative Organization ◽  
Economic Relations ◽  
Contractual Relationships ◽  
Legal Texts ◽  
Economic Coercion ◽  
The Subject ◽  
Contractual Relations ◽  
Weak Party

The subject of curative protection to the satisfaction of the weak party in contractual relations is one of the issues that have taken on the opinion of legal jurisprudence, it had to be addressed by research and study, especially in the current situation because of this prominent issue in the relations of people in the field of concluding contracts, despite the importance of this The topic, however, we find that he did not receive a share of the legislative organization commensurate with that importance, because the legislator did not put clear or direct texts through which the weak party’s satisfaction could be protected, but rather different theories scattered in various laws that did not reach the level of familiarity with this issue in all its aspects. Therefore, it is necessary to search for solutions through which we can protect the consent of the weak party ... all that and more that we covered in this study by following both the inductive approach and the comparative approach and the analytical approach, where we extrapolated the most important jurisprudence opinions that were said in this regard, as well as the analysis of legal texts and that Within the scope of Iraqi law and French law, and then we extrapolated the most important doctrinal opinions to the most important results and proposals we have reached to protect the consent of the weak party in contractual relations. The study reached a set of results, among which the researcher reached a set of results, including the creation of the French legislator a new defect in his legislation, which the judiciary had the largest role in alerting to the existence of this defect, its purpose is to protect the consent of the weak party in economic relations, by setting the dependency criterion as the origin of the contractor the weak victim of this kind of coercion. Secondly, the grace period despite thinking is a modern idea, but the French legislator clarified the mechanisms that contractors can follow in their contractual relations and impose a penalty in the event that the weak contracting professional is deprived of it, as it is a right granted to the weak party according to clear and explicit legislative texts. The researcher reached a set of recommendations, among which we recommend the legislator to introduce the defect of economic coercion to address cases of imbalance in the contractual balance that he seeks to achieve in all contractual relationships. We suggest that the Iraqi legislator stipulates the deadline for thinking about its legislation, because the protection that is granted to the weak party is only subsequent protection, at a time when the weak party needs legal protection prior to concluding the contract.

scholarly journals Mechanisms for Management of Environmental Protection in Europe

2017 ◽  
Vol 6 (2) ◽  
pp. 25-30
Author(s):  
Массеров ◽  
D. Messerov
Keyword(s):  
Environmental Management ◽  
European Union ◽  
Environmental Protection ◽  
Environmental Regulation ◽  
The State ◽  
Control Mechanisms ◽  
Environment Monitoring ◽  
Industrialized Countries ◽  
The European Union ◽  
State Of The Environment

The experience of the industrialized countries on the state of the environment monitoring convincing shows that their success in environmental regulation are mainly due to the use of modern environmental management methods. The experience of the European Union concerning the control mechanisms in the field of environmental protection and the possibility of its application in Russia are analyzed.

scholarly journals Implementasi Penerbitan Akta Kelahiran bagi Anak-Anak Terlantar di Kota Denpasar

2021 ◽  
Vol 2 (1) ◽  
pp. 13-18
Author(s):  
Anak Agung Sagung Nandya Pramesti ◽  
Ida Ayu Putu Widiati ◽  
I Nyoman Sutama
Keyword(s):  
Social Service ◽  
Foster Children ◽  
Birth Certificate ◽  
Legal Protection ◽  
Birth Certificates ◽  
Legal Basis ◽  
Neglected Children ◽  
Laws And Regulations

Denpasar City as the capital of Bali Province is currently struggling to overcome the problem of neglected children    Data from the Denpasar City Social Service recorded that in 2019 there were 14 orphanages with 470 foster children. The problem raised in this study is to determine legal protection and its impact on neglected children who do not have a birth certificate in Denpasar City For neglected children in Denpasar City to get a birth certificate has a legal basis which is regulated in the applicable laws and regulations in accordance with the provisions governing the birth certificate of neglected children  The Department of Population and Civil Registry of Denpasar City has issued birth certificates for all neglected children who are applied for by the orphanage where they live  Neglected children who have received a birth certificate will have an impact on their right to identity.

scholarly journals CONDITION OF THE COASTAL ZONE IN THE ISLAND OF MARANHÃO AND THE OBSTACLES BETWEEN ENVIRONMENTAL MANAGEMENT AND URBAN EXPANSION

2019 ◽  
pp. 117-122
Author(s):  
Daniele Costa Batalha ◽  
Jackellynne Fernanda Farias Fernandes ◽  
Caroline Lopes França ◽  
Nathã Costa de Sousa ◽  
Carolini Lima da Silva ◽  
...  
Keyword(s):  
Environmental Management ◽  
Coastal Zone ◽  
Urban Expansion

scholarly journals Životna sredina - opasnosti i pravna zaštita / Human Environment ‒ Risks and Legal Protection

2016 ◽  
Vol 6 (6) ◽  
pp. 48
Author(s):  
Ilija Babić
Keyword(s):  
Global Warming ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Framework ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
Vienna Convention ◽  
The Sun ◽  
The European Union ◽  
Human Environment

The most relevant factors that affect climate are astronomic cycles ant their effects on planet Earth and Earth’s orbit around the Sun. They have impact on the occurrence of glacial and interglacial periods at generally 100.000-year frequencies, which were affected by orbital shape variations and effects of greenhouse gases.The youngest geological epoch of the geological history of Earth is Holocene (started with warming) that began approximately 11.000 years BP. In that epoch, the shape of Earth’s orbit around the Sun was nearly circular, close to a perfect circle, and the seasonal contrast was less severe, due to decreased tilt of Earth’s axis from the plane of its orbit around the Sun. However, most scientists are arguing that the causes of rapid climate change are rooted in human activity, and not in its internal orbital variations. The main causes of global warming are increased level of carbon dioxide, but also of methane and chlorofluorocarbons in the atmosphere. These gases are responsible for the greenhouse effect, ozone layer depletion in stratosphere and rapid global warming. In order to set up the legal framework of environmental protection, the United Nations Conference on the Human Environment has adopted Stockholm Declaration in June 16, 1972. About twenty industrial states have ratified in 1987 the Montreal Protocol on Substances that Deplete the Ozone Layer, which has undergone many revisions by London Convention (1990), Copenhagen Accord (1992), Vienna Convention (1995), Kyoto Protocol (1997) and the Paris Agreement ‒ an international universal agreement on climate adopted at the 2015 Paris Climate Conference (COP21). Environmental protection in the European Union is provided for by its primary and secondary law, and the most EU environmental regulations were implemented in the Serbian legislation.

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