National development strategies in terms of ensuring environmental rights and interests: Comparative approach

2021 ◽  
Vol 28 (4) ◽  
pp. 250-261
Author(s):  
Anatolii P. Getman ◽  
Hanna V. Anisimova
Keyword(s):  
Environmental Policy ◽  
Local Development ◽  
Environmental Law ◽  
National Development ◽  
Development Strategies ◽  
Comparative Approach ◽  
Environmental Legislation ◽  
Environmental Rights ◽  
Legal Policy ◽  
Rights And Interests

The study is devoted to scientific and theoretical analysis of the principles of state activity in the development of national policy in the context of ensuring human’s environmental rights and interests, the creation of effective legal mechanisms for their guarantee, exercise, and protection, solving systemic issues in this area. The purpose of the study is a comprehensive examination and analysis of legislation from the standpoint of greening national and foreign policy, national development strategies. The methodological basis of the study is a set of general philosophical, general scientific, special scientific, and legal methods. It is proposed to consider greening as a multifaceted phenomenon. In general, the state environmental policy is a component of state policy, which fixes its strategic goals and objectives, defined for the future, considering environmental factors. It is proved that at the legislative level there should be clear mechanisms for the legal support of integration of environmental policy into sectoral, national, and regional strategies, local action plans, and interaction with civil society institutions, the scientific community. It is argued that modern state environmental policy and further systematisation of environmental legislation should be based on the provisions of environmental law doctrine to consider modern approaches to environmental regulation, integration of environmental requirements and regulations to state planning, sectoral, regional, and local development. Based on conducted research and synthesis, proposals and recommendations for the development of a unified concept of legal policy, in particular, environmental legal policy as its component, also, for the improvement of national regulatory framework (namely by adopting the Concept of systematisation of environmental legislation and modernisation of the contemporary strategy of state environmental policy) are elaborated

scholarly journals Environmental and legal policy: modern approaches to formation

2021 ◽  
Vol 1 (19) ◽  
pp. 3
Author(s):  
Anatolii P. Getman ◽  
Anna Anisimova
Keyword(s):  
Environmental Policy ◽  
Mutual Influence ◽  
Environmental Law ◽  
Necessary Condition ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Road Map ◽  
Current State ◽  
The Law ◽  
Law Making

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.

The Role of the Nation State in International Environmental Policy

2004 ◽  
Vol 4 (1) ◽  
pp. 23-28 ◽  
Author(s):  
Jürgen Trittin
Keyword(s):  
Environmental Policy ◽  
Environmental Law ◽  
Transnational Corporation ◽  
Nation State ◽  
The European Union ◽  
Environmental Legislation ◽  
International Environmental Policy ◽  
Nation States ◽  
Global Environmental

In this article, the German Minister for the Environment, Nature Conservation and Nuclear Safety analyzes the role of the nation state in international environmental policy. With reference to the European Union, he argues that independent national environmental policy no longer exists inside the Union. Brussels now has greater influence on environmental legislation than any nation state in Europe—a development that the minister expressly welcomes. He argues that it has proven highly useful for Union members to speak with one voice at global environmental conferences and to present a united front just like one strong nation state. On the other hand, the communitarization within Europe does not prevent members from becoming front-runners in environmental policy. The minister further calls for changes at the global level to ensure that global environmental institutions and environmental law are given much greater weight. The historic task of nation states today is to introduce global environmental legislation that is more powerful than any nation state or any transnational corporation. The German government therefore strongly favors transforming UNEP into a world environment organization that can stand up to the WTO, the FAO and transnational corporations.

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

Pushing for a Greener Europe: The European Parliament and Environmental Policy in the 1970s and 1980s

2021 ◽  
Vol 27 (1) ◽  
pp. 57-78
Author(s):  
Jan-Henrik MEYER
Keyword(s):  
Environmental Policy ◽  
Public Sphere ◽  
Environmental Law ◽  
European Parliament ◽  
Limited Range ◽  
European Policy ◽  
Environmental Legislation ◽  
European Public ◽  
Single European Act ◽  
Institutional System

The European Parliament (EP) has long been derided as a powerless talking shop, notably before the 1979 elections and the granting of new co-legislative powers with the Single European Act. This article argues instead that already in the 1970s and early 1980s, the EP was a decisive player not only in initiating, but also in defining - and refining - European policy. Drawing on the case of the nascent environmental policy, the analysis demonstrates how the EP, its committees and members (MEPs), skilfully utilised the limited range of instruments available to them. In the early 1970s, the EP pushed for the inclusion of environmental policy into the EC policy portfolio and tried to influence its contents. In the early 1980s, after a decade of environmental legislation, the EP was an important advocate of making the already existing environmental law work and of adding new European laws. Their arguments and practices illustrate that MEPs were clearly aware of the limits but also of the opportunities the EC institutional system provided. Before as well as after direct elections, the EP exploited environmental scandals in the European public sphere - Rhine pollution, Seveso - to push for a greener, more environmentally friendly Europe. In a federalist spirit, the EP pursued institutional objectives at the same time: the strengthening of EC-level policy making and legal instruments, along with its own self-strengthening.

The 2000s and Beyond

2018 ◽  
Author(s):  
Jayati Ghosh
Keyword(s):  
Structural Change ◽  
International Cooperation ◽  
National Development ◽  
Development Strategies ◽  
Financial Instability ◽  
Economic Insecurity ◽  
Ecological Damage ◽  
The World ◽  
Social Tensions ◽  
Boom And Bust

The decade of the 2000s was a period of boom and bust when, despite rising prosperity in general, there was increased inequality and heightened economic insecurity for most people in the world. The Survey reports tracked both causes and outcomes, taking a broader view of development that emphasized the importance of economic processes and structural change and recognized the effects of macro imbalances and financial instability, as well as the limits posed by ecological damage and social tensions. Several concerns—and possible solutions—outlined in the Survey reports still have major contemporary relevance, including the importance of countries adopting their own national development strategies and the need for international cooperation.

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 THE METHODOLOGICAL FOUNDATION FOR STRATEGIZING THE SOCIOECONOMIC DEVELOPMENT OF UZBEKISTAN

2021 ◽  
Author(s):  
Saida Mirziyoeva ◽  
Keyword(s):  
Socioeconomic Development ◽  
Emerging Market ◽  
Methodological Approach ◽  
National Development ◽  
Development Strategies ◽  
Strategic Decision ◽  
Global Trends ◽  
Methodological Foundation ◽  
Decision Making Processes

This book examines theoretical, methodological, and empirical issues of the adoption and realization of national development strategies in the case of contemporary Uzbekistan. A comparative analysis of peculiarities of making national strategies in developed and emerging market countries is performed. The methodological approach to identifying long-term global trends to incorporate them into the national development strategies by the example of scientific and technological trends is justified. Strategic priority areas of the national economy of Uzbekistan are justified. The book is expected to be highly beneficial to the field scholars, economic practitioners, members of academia, graduate students and researchers, as well as to the national and regional statesmen, executives who are involved in the strategic decision-making processes.

scholarly journals Aspek Hukum dalam Penyelenggaraan Bisnis Perhotelan

2020 ◽  
Vol 20 (3) ◽  
pp. 1033
Author(s):  
Hernawati RAS ◽  
Dani Durahman
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
National Development ◽  
Environmental Issues ◽  
Law Reform ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Consumer Rights ◽  
Hospitality Business ◽  
Administrative Sanctions

The development of the law as part of a national development known as law reform is carried out thoroughly and integratedly. The hospitality business is growing rapidly as the economy develops, within the restrictions on the scope of the Hotel's business, there is a legal device that regulates the permit and protection of consumers. Hospitality businesses that do not have amdal permits Environmental law enforcement can be done by sanctioning administrative sanctions. Administrative sanctions, settlement of environmental issues outside the court and even criminal sanctions have been stipulated in Law No. 32 of 2009. The aspect of protection to Hospitality Consumers must be in accordance with the provisions of Law No. 8 of 1999, hospitality business must provide legal certainty in providing protection to consumers where currently there are still many hotels that do not provide information about consumer rights and obligations and the development of social responsibility (social responsebility). 

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