scholarly journals COMPENSATION FOR ENVIRONMENT

2021 ◽  
Vol 03 (08) ◽  
pp. 81-93
Author(s):  
Leila KRACHE
Keyword(s):  
Sustainable Development ◽  
Environmental Pollution ◽  
Civil Liability ◽  
Future Generations ◽  
Environmental Responsibility ◽  
Environmental Damage ◽  
Healthy Environment ◽  
Environmental Damages ◽  
Technological Developments ◽  
The Right

The right to a healthy environment is one of the rights of peoples and present and ‎future generations, especially in light of modern technological developments that ‎have contributed greatly to the rate of environmental pollution, which has ‎multiplied environmental damage, and to confront these environmental damages, ‎there were many efforts at the international and internal levels.‎ ‎In keeping with comparative legislation, the legislator introduced the first law ‎for the protection of the environment under Law 10/03 relating to the protection ‎of the environment within the framework of sustainable development, which is ‎characterized by its preventive and deterrent nature, but it did not provide for ‎civil penalties related to compensation for environmental damage, which means ‎the implementation of the traditional rules recognized in the field of Civil liability ‎that is no longer appropriate given the specificity of environmental damage‎‎‎. Keywords: EEnvironmental Damage, Environment, Environmental Responsibility, ‎Compensation, Environmental Pollution, Implementation, Sustainable ‎Development

scholarly journals IN THE MAKING OF A BETTER WORLD: U N SUSTAINABLE DEVELOPMENT GOALS, 2030

2020 ◽  
pp. 13-16
Author(s):  
Rupali Daimari ◽  
Dr. Basanta Kalita
Keyword(s):  
Sustainable Development ◽  
Environmental Law ◽  
Future Generations ◽  
Human Environment ◽  
Healthy Environment ◽  
Global Challenge ◽  
Commission Report ◽  
Development Goals ◽  
The Right ◽  
Sustainable Economic Growth

Sustainable development can be defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The Brundtland Commission Report 1987 defines Sustainable Development thus “Sustainable Development is the development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” From the very beginning the United Nations have taken the initiative to make Sustainable Development a reality to protect our planet from degradation and depletion in various forms. The Declaration of the UN Conference on the Human Environment or Stockholm Declaration was adopted on June, 1972 by the UN Conference on the Human Environment at the 21st plenary meeting as the first document in International Environmental law to recognize the right to a healthy environment. In the declaration, the nations agreed to accept responsibility for any environmental effects caused by their actions. Keeping this in view the Rio Declaration on Environment and Development, adopted 27 principles intended to guide future sustainable development around the world in tune with the Stockholm Declaration 1972 on Human Environment. In this paper an attempt would be made to study the various aspects of sustainable development especially reducing inequalities in all forms, including the empowerment of women and girls’ and the most marginalized. To focus on balanced and sustainable economic growth with employment creation which is fundamental for addressing the multi-dimensional nature of poverty and which must be decoupled from environmental degradation. KEYWORDS: Degradation, Depletion, Empowerment, Poverty, Global Challenge

scholarly journals Ventajas y Desventajas de la Conciliación en la Resolución de Conflictos – Sobre Reparación del Daño al Medio Ambiente

2016 ◽  
Vol 03 (03) ◽  
pp. 111-139
Author(s):  
Angelina Isabel Valenzuela Rendón
Keyword(s):  
Sustainable Development ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Sustainable Development Goals ◽  
Environmental Damage ◽  
The Sustainable Development ◽  
Advantages And Disadvantages ◽  
The Pacific ◽  
Environmental Damages ◽  
Development Goals

En el presente trabajo se exponen diversas ventajas y desventajas propias del medio alterno de solución de conflictos conocido como conciliación, esto a fin de dilucidar si se trata de un mecanismo adecuado para resolver controversias sobre reparación de daño causado al medio ambiente, lo que se realizará mediante la técnica metodológica cartesiana. Se observa que la conciliación es una forma de acceder a la justicia, adicional al proceso tradicional; además de que a través del procedimiento conciliatorio se fomenta la resolución pacífica de las disputas. Finalmente, se concluye que los pros de la conciliación tienen mayor peso que los contras. Por lo tanto, proponer el procedimiento conciliatorio significa ofrecer una alternativa de un mecanismo pertinente cuando se resuelven controversias sobre reparación del daño al medio ambiente; todo esto coadyuvando al logro de los Objetivos de Desarrollo del Milenio. In this research, different distinct advantages and disadvantages of the alternative dispute resolution known as conciliation are exposed. Through the Cartesian method, this presentation helps establish if conciliation is an adequate way to resolve disputes regarding reparation of environmental damage. Conciliation is a means to access justice, in addition to the traditional trial; furthermore, conciliation encourages the pacific resolution of disputes. Finally, it is concluded that the advantages of conciliation weigh more heavily than its disadvantages. Therefore, conciliation is a pertinent option to solve disputes regarding reparation of environmental damages, in order to achieve the Sustainable Development Goals.

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.

El daño al medio ambiente: entidad jurídica para la obligación de reparación

2020 ◽  
pp. 32-44
Author(s):  
Elsa Cristina Roqué Fourcade
Keyword(s):  
Environmental Law ◽  
Environmental Damage ◽  
Legal Concept ◽  
Healthy Environment ◽  
The People ◽  
The Right ◽  
Energy Law

This subject is a piece of a project whose objective is energy law. This work is focused on the legal concept of environmental damage from the perspective, doctrine and norms of environmental law. An approach where the people and the right to a healthy environment prevail is proposed, as their own elements that justify a responsible way of being for damages and integral repair.

scholarly journals Constituent Power, the Rights of Nature, and Universal Jurisdiction

2014 ◽  
Vol 60 (1) ◽  
pp. 127-172 ◽  
Author(s):  
Joel Colón-Ríos
Keyword(s):  
Human Rights ◽  
Environmental Conditions ◽  
International Community ◽  
Universal Jurisdiction ◽  
Self Determination ◽  
Future Generations ◽  
State Sovereignty ◽  
Environmental Damage ◽  
Constituent Power ◽  
The Right

This article provides a justification for the exercise of universal jurisdiction in cases of serious environmental damage. This justification rests in important ways on the theory of constituent power. The theory of constituent power has an intergenerational component that requires the protection of the environmental conditions that allow future generations to engage in constitution-making episodes. This article maintains that, by virtue of the connections between constituent power, the right to self-determination, and state sovereignty, the justification for the exercise of universal jurisdiction for serious environmental damage is at least as compelling as the justification for its exercise with respect to egregious human rights infringements. In those scenarios, courts exercising universal jurisdiction would be acting to protect the ability of present and future peoples to participate in the constitution and reconstitution of the states that make up the international community. Such a jurisdiction would rest on the authority of humanity as a whole rather than on that of any state or people.

scholarly journals The Role and Importance of Talloires Declaration in Establishing Sustainable Higher Education Institutions

2021 ◽  
Vol 11 (2) ◽  
pp. 417-424
Author(s):  
muhammed yunus bilgili
Keyword(s):  
Higher Education ◽  
Sustainable Development ◽  
Natural Resources ◽  
Higher Education Institutions ◽  
Future Generations ◽  
The Sustainable Development ◽  
Human Needs ◽  
Development Approach ◽  
The Right ◽  
The Relationship

The intensive use of environmental and natural resources to satisfy human needs has risked the potential of renewable ecosystems and caused environmental problems. In order to respond to the problems faced, the current economic system has been interrogated. In the response emphasizing that future generations have the right to benefit from natural resources, the sustainable development approach has come to prominence. It has been observed that the issues of sustainable development and sustainability have been intensely discussed by higher education institutions since the 1980s. Until the Talloires Declaration (1990), the relationship between sustainability and higher education has been focalized to environmental education, with this declaration, the sustainability of higher education institutions has been brought to the agenda. The aim of this study is to examine Talloires Declaration on behalf of role, importance and transformations in establishing sustainable higher education institutions

scholarly journals Facing the Future: The Case for A Right to a Healthy Environment for Future Generations under International Law

2020 ◽  
Vol 8 (1) ◽  
pp. 30-47
Author(s):  
Jochelle Greaves Siew
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Sustainability ◽  
Future Generations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Healthy Environment ◽  
International Human ◽  
The Right

This paper seeks to examine whether the current framework of international human rights law formally grants the right to a healthy environment to future generations. There has been much debate regarding the effectiveness of international human rights law in guaranteeing environmental sustainability in particular without the consideration of future generations. The right to a healthy environment was specifically chosen both as a means of narrowing the scope of this research and given that future generations are a fundamental concept of international law relating to environmental sustainability. In Section II, all relevant concepts, including ‘future generations’, ‘intergenerational justice and ‘environmental sustainability’ will be defined and explored. In addition, a link will be established between intergenerational equity and sustainable development in light of current literature and scholarly discussion. The following section discusses how the link drawn between environmental protection, human rights protection and environmental sustainability provides for a common approach to fully handling current environmental issues. Subsequently, a positive analysis of present day international legal instruments, customary international law and case law will be conducted, to determine the current status of future generations regarding the right to a healthy environment. Use will also be made of academic literature on the subject, including extensive research carried out by scholars such as Edith Brown Weiss and Bridgit Lewis. To conclude, the findings of each section will be summarised, and a final conclusion will be drawn as to the state of future generations in international law and the potential for the right to a healthy environment to be accorded to them.

scholarly journals Digital Architecture and Intelligent Buildings: A Suitable Approach to Proper Implementation of Sustainable Development Components in the Third Millennium

2015 ◽  
Vol 10 (Special-Issue1) ◽  
pp. 74-81
Author(s):  
Saeid Loumer
Keyword(s):  
Sustainable Development ◽  
Environmental Pollution ◽  
Future Generations ◽  
Environmental Costs ◽  
Healthy Life ◽  
Digital Architecture ◽  
The Third ◽  
Intelligent Buildings ◽  
Mental Problems ◽  
Desk Research

This study was an attempt to analyze digital architecture and intelligent constructions which are aimed at actualizing the components of sustainable development. It was a descriptive-analytical desk research the results of which indicated that architecture and other sciences have to be able to address the concerns and needs of present and future generations. Digital architecture and intelligent buildings have successfully led to adequate savings in economic, social and environmental costs. They have reduced environmental pollution, climate chances, and mental problems of humans. They have also played a significant role in providing a healthy life to humans as one of the major components of sustainable development.

scholarly journals Focusing economic research on the issues of sustainability and environmental protection

2018 ◽  
Author(s):  
Alin ARTENE
Keyword(s):  
Sustainable Development ◽  
Human Factor ◽  
Natural Capital ◽  
Environmental Issues ◽  
Health Financing ◽  
Green Energy ◽  
Economic Research ◽  
Healthy Environment ◽  
Green Tourism ◽  
The Right

Trying to find solutions for trivalent durability (economic / financial, social and environmental issues) is becoming more and more a preoccupied concerns of many specialists. In this paper we make some references to the Romanian researchers focus on the issue of sustainable development, especially with Professor Ionel Bostan, which operates at the universities of Iasi and Suceava (RO). His work, published in several scientific journals indexed in international databases, addresses issues related to promoting natural capital, the right of future generations to a healthy environment, eco-investments, green tourism, green energy, environmental audit, economy and public health financing and then, because "People are at the forefront of sustainable development”, issues related to the human factor.

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