scholarly journals THE ISSUE OF FORMING OPTIMAL ECONOMIC POLICY OF ENVIRONMENTAL PROTECTION

2018 ◽  
pp. 169-174
Author(s):  
TARIEL LOMIA
Keyword(s):  
Environmental Policy ◽  
Environmental Pollution ◽  
Transaction Costs ◽  
Environmental Protection ◽  
Environmental Law ◽  
The State ◽  
External Costs ◽  
Controlling System ◽  
Expected Benefits ◽  
National Environmental

In the state the environmental policy faces three main issues, they are: The issue of internalization of external costs (i.e. the issue of transaction costs), informing issues and the issues of control. The issue of transaction costs must be overcome by effective and active environmental policy. This can only be done if the ways of efforts of environmental policies are used to create (the use of instruments) situations on the market that are not voluntarily established. There is a precondition for this fact if the environmental policy conductors have enough information about relationship between natural resources, production, technology and environmental impacts. In other ways how can we identify and determine the quantity of harmful substances that are allocated by different pollutants (e.g. setting limits of environmental pollution). So far, there is a huge deficit of the possibilities of obtaining and reacting to the information by the National Environmental Protection Service Officials all over the world. It is also unclear whether the state has the possibility to examine the legality of the environmental law by the economic subjects (control problem), the discussion on the size of radioactive irradiation is still relevant. In case of violation of legislative norms on environmental pollution by the economic subjects, the controlling system must have more effective sanctions (violators should pay higher cost of expenses than expected benefits).

scholarly journals Strategic Regulatory Instruments in Environmental Law of Russia

2020 ◽  
pp. 1671-1678
Author(s):  
Irina O. Krasnova ◽  
Valery N. Vlasenko
Keyword(s):  
Environmental Policy ◽  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Security ◽  
Federal Law ◽  
Legal Nature ◽  
Regulatory Instruments ◽  
Environmental Relationship ◽  
The Moment ◽  
National Environmental

At the moment, there are new types of legal acts emerging in environmental law of Russia. Despite the vague legal nature of the strategic documents, they are gaining relevance in regulating environmental relationship though the regulation by strategic documents has become an uncontrolled and unpredictable process. This article reviews strategic and political documents addressing protection of the environment, environmental security and nature use. It points out the necessity to find their place within the system of environment-related legal acts to build a clear hierarchy in the system, to raise the efficiency of laws and to create a functional enforcement mechanism. The authors suggest two options: to adopt a separate legislative act on the national environmental policy or to introduce a separate chapter into the Federal Law “On Environmental Protection”, or alternatively, to carry out codification of the adopted strategic instruments

12. International Environmental Law

2019 ◽  
pp. 375-417 ◽  
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Vital Role ◽  
Eu Law ◽  
International Environmental Law ◽  
Public International Law ◽  
Legal Nature ◽  
Institutional Landscape ◽  
National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

Environmental Protection and Economic Development: You Can't Have your Cake and Eat it too - With the Purpose of the Environmental Law for Perspective

2014 ◽  
Vol 675-677 ◽  
pp. 1826-1829
Author(s):  
Ting Ting Wu
Keyword(s):  
United States ◽  
Economic Development ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Environmental Law ◽  
Science And Technology ◽  
Value Orientation ◽  
Environment Protection ◽  
Coordinated Development ◽  
Development And Environment

" Science and technology with law " is the world's environmental protection experiences lessons. Our country's current environmental protection law has been unable to effectively solve the increasingly serious environmental problems.The environmental protection law " dualism " ,which claiming that economic development and environment protection coordinated development ,is the shield of environmental pollution and waste of resources . Through comparing and analyzing of our country's , United States' and Japan's current environmental law legislation purpose and the effect of the practice by case , puts forward query to environmental law legislation 'purpose dualism' , further presents '"purpose monism" that taking "protecting environment, maintaining ecosystem " as the basic value orientation.

scholarly journals Polluter Pays Principle Terkait Pertanggungjawaban Corporate PTTEP Australasia Terhadap Pencemaran Minyak Di Laut Timur Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 189-209
Author(s):  
Annisah Dian Utami Panjaitan ◽  
Novianti Novianti ◽  
Mochammad Farisi
Keyword(s):  
Environmental Pollution ◽  
Environmental Law ◽  
Civil Liability ◽  
Class Action ◽  
The State ◽  
State Responsibility ◽  
International Environmental Law ◽  
Advantages And Disadvantages ◽  
Liability Law ◽  
Polluter Pays Principle

This research is aimed to analyze and determine the 16th provision principle of the declaration on environment and development, namely the polluter pays principle, as one of the state’s form of accountability towards the polluting across borders between PTTEP Australia and Indonesia. This is a juridical research, which analyzes the issue discussed through the use of many realted sources. The Polluter Pyas Principle, as a form of State responsibility in environmental pollution, has some advantages and disadvantages when applied as a recommendation by the OECD (Organization for Economic Cooperation and Development). From a legal perspective, this principle can be applied as a civil liability law, whereas from an economic perspective, it can be viewed as effort to control pollution by means which the polluter has an obligation to pay for the environmental pollution that he/she caused. Even so this principle also has its weakness, in an economic approach this principle is difficult to determine the determination of the cost of loss. In some countries themselves have applied this principle in handling cases of environmental pollution. In the case of cross-border environmental pollution, the principle of good neighborliness and the principle of state responsibility in dealing with pollution cases as a sign of State’s goodwill to comply with existing international law. The case of environmental pollution itself is not only the State that can sue, but a group of people or the community can also sue, if they feel harmed by the pollution that occurs. One of them is by carrying out Class Action in holding accountable for the consequences of pollution that has occurred, and is detrimental to a group or large number of people. Even though international environmental law is a soft law, it can become hard law depending on the pollution case that occurs. Even so, International Environmental Law contained in the Stockholm Declaration, Rio de Jeneiro, Civil Liability Convention and other related international arrangements have been very good in their regulatory fields. Only the state which ratifies the convention applies according to the pollution case that occurs.

scholarly journals LEGAL ASPECTS OF THE ENVIRONMENTAL PROTECTION POLICY IN THE REPUBLIC OF POLAND. SELECTED ISSUES

2020 ◽  
Vol 50 (50) ◽  
pp. 45-53
Author(s):  
Paweł Kamiński ◽  
Ilona Radziwon-Kamińska ◽  
Agnieszka Targońska
Keyword(s):  
Environmental Policy ◽  
Environmental Protection ◽  
Main Tool ◽  
Scientific Publications ◽  
Protection Policy ◽  
Legal Method ◽  
Environmental Protection Policy ◽  
The Republic ◽  
National Environmental ◽  
National Environmental Policy

Environmental protection policy is a multi-faceted issue which interests researchers in different branches of knowledge. The implementation of solutions of the environmental protection may take different forms among which are legal instruments. One of those legal instruments is the environmental protection policy. The aim of this article is to analyse this policy and to evaluate its functioning in the Republic of Poland as one of the public policies. Furthermore, a crucial part of this article is to define the environmental protection policy, national environmental policy and its legal bases. What is more, the article will present the analysis of purposes, directions and areas included in the Polish National Environmental Policy - 2030. To make this analysis complete it is required to indicate symptoms of the sustainable development in the environmental protection policy. As a main tool of consideration, the dogmatic-legal method, has been used. The analysis of the main topic consists of legal acts and literature on the subject (containing Polish and foreign scientific publications).

In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

scholarly journals Fifth level of organisation of environmental protection systems: International law. Evolution of institutions of environmental global policy

2019 ◽  
Vol 6 (6) ◽  
pp. 41-47
Author(s):  
Dmitry M. Astanin
Keyword(s):  
Environmental Policy ◽  
International Law ◽  
Environmental Protection ◽  
Biological Diversity ◽  
Environmental Law ◽  
Environmental System ◽  
The World ◽  
Global Environmental Policy ◽  
Modern Classification ◽  
Multi Level

The analysis of the historical process of the formation of the global environmental policy of the modern states of the world in the context of the development of a multi-level environmental system is carried out. The main influence of the first International Environmental Conference in Bern 1914 on the organisation of interstate environmental authorities, the creation of the United Nations for approval of the Stockholm Declaration of 1972 and the Rio de Janeiro Declaration of 1992, which formed the modern classification of objects of environmental law, forms international eco-cooperation, ranking system of environmental policy. The thesis of the need for mutual coordination of all the participants in a multi-level environmental process, the inability of modern environmental authorities to effectively solve tasks in view of the lack of a joint action program of the world environmental system was put forward. Keywords: Environmental policy, environmental protection system, environmental law, international law, landscape and biological diversity.

scholarly journals Implementation of EU Environmental Policy in Ukraine: Directions and Perspectives

2020 ◽  
Vol 9 (4) ◽  
pp. 191
Author(s):  
Liudmyla Golovko ◽  
Maksym Kutsevych ◽  
Viktoriia Serediuk ◽  
Olga Bogdan
Keyword(s):  
Environmental Policy ◽  
Waste Management ◽  
Water Policy ◽  
Environmental Law ◽  
The State ◽  
The European Union ◽  
Environmental Legislation ◽  
European Union Law ◽  
Association Agreement ◽  
Water Legislation

The purpose of our article is to investigate the process of approximation of Ukrainian environmental legislation to EU law. The range of issues that Ukraine has reformed in the field of environment has been investigated. The state of compliance of Ukrainian environmental legislation with the commitments under the EU-Ukraine Association Agreement was revealed. The problems of further effective application in practice of the adopted regulatory legal acts, strategies and action plans were disclosed. Particular attention was paid to water legislation and legislation in the field of waste management. The current state of the sphere of solid waste management in Ukraine was revealed. The state of adaptation of Ukrainian water legislation to the requirements of the European Union law has been investigated. Ways to improve Ukraine's environmental policy on waste and water policy based on European experience were substantiated. The methods of comparative law, statistical, analytical and logical analysis were used.  Keywords: EU Environmental policy, environmental law, EU water policy, EU waste policy, Ukrainian environmental legislation

scholarly journals ENVIRONMENTAL TAXES AS THE INSTRUMENT OF ENVIRONMENTAL POLICY IN DEVELOPING COUNTRIES

2019 ◽  
Vol 12 (24) ◽  
Author(s):  
Jadranka Đurović Todorović ◽  
Marina Đorđević ◽  
Milica Ristić
Keyword(s):  
European Union ◽  
Developing Countries ◽  
Environmental Policy ◽  
Environmental Protection ◽  
The State ◽  
Environmental Taxes ◽  
Data Series ◽  
The European Union ◽  
Tax Revenues ◽  
Tax Systems

Many environmental and naturalresource problems, which have been solved indeveloped countries with the use of appropriateinstruments, are becoming increasingly common indeveloping countries. Due to poverty, theefficiency of conceiving environmental policiesand minimizing costs, are inherent issues of thesecountries. The aim of this paper is to highlight theimportance of environmental taxes in developingcountries, as environmental taxes are aninstrument of environmental policy that conveneswith the level of their development. Most countriestoday pay great attention to environmental taxes.However, in the tax systems of developingcountries, their significance is neglected. Weanalyzed 12 developing countries, which aremembers of the European Union, with thetendency to point out the benefits they could havefrom environmental taxes. A regression analysiswas applied on the data series for the period 2001-2016. The results of the model show that thegrowth of tax revenues from ecological taxesimplicitly increases the state allocation in the fieldof environmental protection.

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