scholarly journals Destinação de terras públicas na Amazônia: discricionariedade entre regularização fundiária e criação de unidades de conservação numa área sob pressão agropecuária - Destination of public lands in the Amazon

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Neuton Alves De Lima ◽  
Ronaldo Pereira Santos
Keyword(s):  
Protected Areas ◽  
Environmental Protection ◽  
Federal Government ◽  
Public Lands ◽  
Legal Analysis ◽  
Economic Exploitation ◽  
International Conventions

<p class="western" lang="en-US" align="justify"><span style="color: #000000;"><span lang="pt-BR">O Poder Público deve realizar a gestão, conservação e destinação de suas terras públicas, conforme os preceitos legais e Constitucionais. Contudo, o Executivo Federal tem enfrentado resistência para criação de Unidades de Conservação (UCs) na Amazônia, em detrimento da regularização das posses. O presente artigo faz uma análise jurídica da tomada de decisão e discricionariedade da União na destinação destas terras, à luz da Constituição, das Convenções internacionais e das Leis pátrias, tendo como pano de fundo a análise do caso das UCs no Sul do Amazonas. Conclui-se que as terras públicas são priorizadas à proteção ambiental, mas ainda devem ser observadas todas as ferramentas de governança fundiária, incluindo o Zoneamento Ecológico Econômico (ZEE). O arcabouço jurídico brasileiro indica que nas glebas públicas federais, se não criadas as Terras Indígenas (TI) ou UCs, deve o poder público, subsidiariamente, buscar a regularização fundiária, considerando a aptidão e vocação das terras.</span></span></p><p class="western" lang="en-US" align="justify"><span style="color: #000000;"><span lang="pt-BR"><br /></span></span></p><p class="western" lang="en-US" align="justify"> </p><p>Government must carry out the management, conservation and destination of its lands, according to the legal and constitutional precepts. In Amazon the Federal Government has faced resistance and criticism in setting Protected Areas (PA) in detriment of the economic exploitation by the regularization of the possessions. We make a legal analysis of the State's decision on the destination of these public lands, under Constitution, the International Conventions on the Environment and the Brazilians laws in South of Amazonas´s protected areas . Federal Public lands are prioritized for environmental protection, but all tools of land governance, including Economic Ecological Zoning (EEZ), must still be observed. In case of non-creation of Protected areas, Govenment should seek land regularization, considering the aptitude and vocation of the lands, in a subsidiary way.</p><p class="western" lang="en-US" align="justify"><span style="color: #000000;"><span lang="pt-BR"><br /></span></span></p>

scholarly journals CONTRIBUIÇÕES DAS ÁREAS MARINHAS PROTEGIDAS PARA A CONSERVAÇÃO E A GESTÃO DO AMBIENTE MARINHO

2003 ◽  
Vol 7 ◽  
Author(s):  
Jérôme FOURNIER ◽  
Andrea De CASTRO PANIZZA
Keyword(s):  
Protected Areas ◽  
Environmental Protection ◽  
Marine Environment ◽  
Marine Protected Areas ◽  
Natural Environment ◽  
Economic Value ◽  
Marine Biodiversity ◽  
The Third ◽  
Conservation And Management ◽  
Reserve Effect

Este artigo apresenta os diferentes aspectos da proteção do ambiente litorâneo abordando três pontos essenciais. O primeiro evoca a instalação de áreas marinhas protegidas (AMP) em um contexto socioeconômico e político, destacando seu funcionamento e a noção de “ efeito reserva”. O segundo mostra a importância das AMP na proteção da biodiversidade marinha. Finalmente, o terceiro ponto exemplifica a avaliação do meio natural e aborda, de maneira geral, o valor econômico das espécies e da “Natureza” na ocorrência de degradação. Contributions of the marine protected areas for the conservation and management of the marine environment Abstract This article presents the various aspects of the littoral environmental protection by approaching three important points. The first evokes the installation of the marine surfaces protected in a socio-economic and political context. The operation of the reserves and the concept of “ reserve effect “ are explained. The second explains the interest of MPA to protect the marine biodiversity. Lastly, the third point shows the evaluation of the natural environment and more generally of the economic value of the species and “Nature” in the event of degradation.

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

scholarly journals Thinking Like a Mountain: Exploring the Potential of Relational Approaches for Transformative Nature Conservation

2021 ◽  
Vol 13 (22) ◽  
pp. 12884
Author(s):  
J Marc Foggin ◽  
Daniele Brombal ◽  
Ali Razmkhah
Keyword(s):  
Nature Conservation ◽  
Protected Areas ◽  
Environmental Protection ◽  
Value Systems ◽  
Guiding Principles ◽  
Lasting Change

Building on a review of current mainstream paradigms of nature conservation, the essence of transformations necessary for effective and lasting change are presented—namely, convivial solutions (or ‘living with others’), in which relationality and an appreciation of our interdependencies are central, in contrast to life-diminishing models of individualism and materialism/secularism. We offer several areas for improvement centred on regenerative solutions, moving beyond conventional environmental protection or biophysical restoration and focusing instead on critical multidimensional relationships—amongst people and between people and the rest of nature. We focus, in particular, on the potential of people’s values and worldviews to inform morality (guiding principles and/or beliefs about right and wrong) and ethics (societal rules defining acceptable behaviour), which alone can nurture the just transformations needed for nature conservation and sustainability at all scales. Finally, we systematize the potential of regenerative solutions against a backdrop of relational approaches in sustainability sciences. In so doing, we contribute to current endeavours of the conservation community for more inclusive conservation, expanding beyond economic valuations of nature and protected areas to include more holistic models of governance that are premised on relationally-oriented value systems.

scholarly journals Institutional Change on a Conservationist Frontier: Local Responses to a Grabbing Process in the Name of Environmental Protection

Land ◽  
2019 ◽  
Vol 8 (12) ◽  
pp. 182 ◽  
Author(s):  
Lisa Alvarado
Keyword(s):  
Institutional Change ◽  
Protected Areas ◽  
Environmental Protection ◽  
Identity Construction ◽  
Participant Observation ◽  
Local Responses ◽  
Indigenous Groups ◽  
Local Actors ◽  
Traditional Institutions ◽  
Large Protected Areas

In a wave of global conservationism, Ecuador established two large protected areas in its Amazon region in 1979. One of these is the Reserva de Producción Faunística Cuyabeno (RPFC), located in the northeastern corner of the country. Given that this land was previously managed as commons by local indigenous groups, the establishment of protected areas has had numerous consequences for these people. The research conducted comprised three months’ fieldwork in three of the affected Siona communities, primarily through the use of participant observation. Based on the framework developed by Ensminger, this paper demonstrates how institutional change has occurred in the last few centuries with the arrival of various frontiers overriding the region. This has led to the almost total eradication of traditional institutions and the introduction of a new ideology, namely conservationism. In order to legitimize their existence in the Reserve, indigenous groups are compelled to argue in a conservationist discourse if they want to stay in their ancestral territory. The article discusses tourism as one key impact on the lives of the local Siona, alongside their response to the grabbing process, which takes the form of a re-creation of their identity, including institution shopping from below. This article contributes to the debate on commons grabbing from the perspective of local actors by arguing that institution shopping from below does not necessarily mean a loss of authenticity, considering different ontological perspectives in the process of identity construction.

scholarly journals AGROFORESTRY AS A SUSTAINABLE ALTERNATIVE FOR ENVIRONMENTAL REGULARIZATION OF RURAL CONSOLIDATED OCCUPATIONS

CERNE ◽  
2017 ◽  
Vol 23 (2) ◽  
pp. 161-174
Author(s):  
Sarita Soraia de Alcântara Laudares ◽  
Luís Antônio Coimbra Borges ◽  
Patrícia Andressa de Ávila ◽  
Athila Leandro de Oliveira ◽  
Kmila Gomes da Silva ◽  
...  
Keyword(s):  
Protected Areas ◽  
Environmental Protection ◽  
Rural Area ◽  
Legal Aspects ◽  
Agroforestry Systems ◽  
Legal Certainty ◽  
Great Expectation ◽  
Forest Code ◽  
New Forest

ABSTRACT The great expectation about the New Forest Code consisted in reducing the hermeneutics distortions and increasing legal certainty for farmers. However, the new legislation raised more uncertainties and discussions, mainly because it consolidates the anthropic use and allows of low-impact activities in areas that should, by law, be kept untouched. This study aimed to survey and to describe the legislation related to protected areas on the rural area (APP and RL), to analyze the consolidated forms of use, occupation and low impact activities that can be developed in these areas, and to propose sustainable technical alternatives for interventions in the areas already consolidated and their recovery. The text is based on literature and documents, elaborated on the survey and study of legal aspects about protected areas in rural properties of Brazil and the main low-impact farming techniques, highlighting the agroforestry systems as an alternative of consolidated occupations in environmental protection areas. The text provides in an organized way the main aspects of the legislation on such areas and describes the sustainable activities allowed in APP and RL according to the flexibility of the new Forest Code.

scholarly journals Amenity Migration and Public Lands: Rise of the Protected Areas

2020 ◽  
Vol 66 (1) ◽  
pp. 56-71 ◽  
Author(s):  
Evan Hjerpe ◽  
Anwar Hussain ◽  
Thomas Holmes
Keyword(s):  
Protected Areas ◽  
Public Lands ◽  
Amenity Migration

Filling the Void: Local Control of Oil Spill Prevention Efforts

1999 ◽  
Vol 1999 (1) ◽  
pp. 383-388
Author(s):  
Fred Felleman ◽  
Sally Ann Lentz
Keyword(s):  
Environmental Protection ◽  
Federal Government ◽  
Local Level ◽  
Pollution Prevention ◽  
High Volume ◽  
Coast Guard ◽  
Federal State ◽  
Marine Environmental Protection ◽  
State And Local ◽  
Marine Environmental

ABSTRACT This paper examines the implementation of OPA 90 in the context of its mandates to determine if the roles undertaken by federal, state and local entities have been effective in furthering marine environmental protection on the local level and makes recommendations for increasing pollution prevention. The analysis reveals that the federal government—through the work of the Coast Guard—has not been successful in implementing the pollution prevention provisions of OPA. This has resulted in some states exercising their authority under OPA to address issues of local concern as regards shipping and potential oil spills. Where States have stepped in to fill the void; they are often faced with industry and federal government opposition or recalcitrance. OPA's PWS RCAC provides a model for cooperative relationships between government, industry and the public to address local concerns. We conclude that the RCAC model should be extended to other regions of high volume shipping activity and that the GAO should undertake an investigation of the Coast Guard's Marine Environmental Protection and Compliance Programs for the purpose of identifying the obstacles to timely and effective implementation of OPA, and for developing a strategy for overcoming those obstacles.

The Déjà vu System of International Trusteeship in Continental Antarctica: A Textual Analysis

2021 ◽  
Vol 12 (1) ◽  
pp. 108-131
Author(s):  
Xueping Li
Keyword(s):  
United Nations ◽  
Protected Areas ◽  
Environmental Protection ◽  
Textual Analysis ◽  
Intrinsic Values ◽  
Continental Antarctica ◽  
Antarctic Treaty ◽  
Deja Vu ◽  
Déjà Vu ◽  
The Antarctic

In the name of environmental protection, the Antarctic Treaty Consultative Meeting seems to have borrowed the paradigm of international trusteeship of the United Nations for managing the Antarctic land-based protected areas. By comparing and analysing the critical questions highly concerned, this paper offers preliminary thoughts on the development and refinement of the conception of land-based protected areas as a déjà vu system of international trusteeship and its surrounding legal applications and implications in continental Antarctica, and challenges the direction followed by this system in protecting Antarctic intrinsic values in legal discourse.

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