PECULIARITY OF THE LEGAL RELATIONSHIP OF ENVIRONMENTAL LAW

2021 ◽  
pp. 88-97
Author(s):  
Andrian Cretu ◽  
◽  
◽  

The possibilities of man to turn natural resources into sources of profit have led the legislator and the right, in general, to resort to much tougher regulations in the field of environmental protection, this could not be possible without knowing precisely the nature of the legal relationship that would lay the basis for subsequent regulations, and in the doctrinal plan it and today suffers from numerous criticisms, debates and controversies. However, one thing is for certain, the relationship of the environment is one of the particular, double-side, where, on the one hand, it regulates the relations between people are established on the occasion of the use, protection, conservation and development, environmental factors, and by the other hand, it requires the modeling of the principles of the other areas of the law with which they come in contact with, and this is asked for a better connectivity and efficiency in the plan for the defense of the values of the environment, the most valuable in the world is on the verge of collapse, natural. In this sense, the realities of today show that the twentieth century is the time of the greatest discoveries and transformations of civilization, but also the most complex and sometimes unintended effects on life. Not long ago, renewable natural resources of the Earth, would be sufficient for the needs of humanity, but for now, as a result of the population explosion, and the unprecedented development of all areas of the business, the demand for raw materials and energy for the production of goods has increased greatly, and the intensive exploitation of natural resources show more obviously, an ecological imbalance. In the context of large-scale changes that can jeopardize the quality of the environment, it is necessary to consider the intentions underlying the exploitation of environmental resources, emerging from the alarming situation that can no longer be tolerated, risking the survival and existence of the human species.

Development ◽  
1991 ◽  
Vol 111 (2) ◽  
pp. 337-356
Author(s):  
X.B. Shi ◽  
Z.I. Qiu ◽  
W. He ◽  
J. Frankel

Stylonychia mytilus is a dorsoventrally flattened ciliate with compound ciliary structures arranged in a specific manner on the cell surface. In mirror-image (MI) doublets of this ciliate, two nearly complete sets of ciliary structures are arrayed side-by-side, one in a normal or ‘right-handed’ (RH) arrangement, the other in a reversed or ‘left-handed’ (LH) arrangement. MI-doublets exist in two forms, one with the RH component on the right, the LH component on the left, and feeding structures near the center (‘buccal-adjoining MI-doublet’); the other with the RH component on the left, the LH component on the right, and feeding structures on the lateral edges (‘buccal-opposing MI-doublet’). We describe an operation that can generate either type of MI-doublet. This operation interchanges large anterior and posterior regions of the cell, transposing the original posterior region anteriorly (P—A) and the original anterior region posteriorly (A—P), while retaining the original anteroposterior polarity of each region. Two sets of new ciliary structures then are formed in mirror-image arrangement, with the set in the P—A region oriented normally and the set in the A—P region undergoing a reversal of polarity along its anteroposterior axis. This sometimes creates end-to-end MI forms, but more commonly produces side-by-side MI-doublets through a folding together of the P—A and A—P regions. This folding occurs because one lateral edge of the cell had been removed during the operation; if the left edge was removed, the complex folds to the left and forms a buccal-adjoining MI-doublet, whereas if the right edge was removed, the complex folds to the right and forms a buccal-opposing MI-doublet. Both types can reorganize and later divide true-to-type, although the ‘buccal-opposing’ type is by far the more stable of the two. The generation of mirror-image forms is dependent on the prior abnormal juxtaposition of regions from opposite ends of the cell, and involves a coordinated respecification of large-scale organization. We interpret this response to be a consequence of intercalation of missing intervening positional values in the zone of posterior-anterior abutment.


Author(s):  
Alison M. Jaggar

The relationship of philosophy to science is a matter of long historical dispute. Philosophy has been described variously as the mother, the queen or the handmaiden of science, depending on whether the philosopher’s role was perceived as that of giving birth to science, of regulating and legitimating scientific discourse or of clearing the conceptual underbrush in the way of scientific advance. This essay, by contrast, is grounded on a conception of philosophy and science as partners or sisters, perhaps even as Siamese twin sisters, both proceeding from the same impulse to understand ourselves and the world and to change both for the better. Occasionally relations between philosophy and science have been marred by sibling rivalry, with each sister claiming the right to control and limit the pretensions of the other. In fact, however, philosophy and science are interdependent and ultimately inseparable. To borrow a famous slogan from another context: science without philosophy is blind; philosophy without science is empty.


Author(s):  
Elene Salukvadze ◽  
Tamila Chaladze ◽  
Ketevan Gogidze

To reveal natural resources of a region it is causally necessary to reveal and describe certain landscapes as far as they are means of manifesting natural resources. Besides they are subject of study of land management. It is important to identify resource potential and current state of landscapes and each of their components. Landscapes occupy certain areas which are characterized with certain natural conditions and, obviously, different natural potential. To study the above issues, we selected mountainous region of Kvemo Racha (Ambrolauri Municipality of Georgia). For the studies, together with literary material and different sources, we used cartographic material, the landscape maps (1970, 1983) and the topographic map (scale; 1:50000) of Georgia and Transcaucasia and the observation materials of the field expedition made in 2019 in Kvemo Racha. We constructed a large-scale landscape map for Kvemo Racha (Ambrolauri Municipality) by GIS (geographic information system) technology. The work describes individual natural components of landscapes and resource potential of the distinguished landscapes. The data on mineral resources, climate and agro-climate, soil and forest resources are given in the table and diagrams. Among the landscapes distinguished as a result of comprehensive studies, the landscapes in the Racha Depression on the right and left banks of the river Rioni have especially great potential. These landscapes are located on either sides of the Rioni river gorge, though the landscape on the right bank of the river is especially distinguished. This is Racha Depression with a synclinal river gorge, river terraces, juts at some places, humus-carbonate soils. It is a specific micro-zone on the southern slope of the Lechkhumi Ridge (450-750 m above sea level), with unique vine species (Aleksandrouli, Mujuretuli, Shavi (black) Kapistoni), which are used to produce naturally sweet and semisweet “Khvanchkara” type red wines known world-wide. The wealth of Racha – forest landscapes are also noteworthy as some of them have industrial, others have recreational and ecological resources and are of high significance for preserving the biodiversity in the region.


Der Staat ◽  
2020 ◽  
Vol 59 (3) ◽  
pp. 397-420
Author(s):  
Jan Dirk Harke

,Eigentum‘ im Sinne der Verfassung ist bekanntermaßen nicht deckungsgleich mit ,Eigentum‘ im Sinne des Privatrechts. Beide stehen nicht bloß in einem Verhältnis von Mehr und Weniger, sondern sind durch einen fundamentalen Unterschied getrennt: Das privatrechtliche Eigentum ist anders als sein verfassungsrechtliches Pendant untrennbar mit dem Erbrecht verbunden und verdankt ihm sogar seine Entstehung. Den absoluten Geltungsanspruch, der es charakterisiert, kann es nur haben, wenn es auch über den Tod seines Inhabers hinaus wirkt. Das verfassungsrechtliche Eigentum knüpft dagegen allein an das Vertrauen an, das der Gesetzgeber durch eine Regelung beim Einzelnen geweckt hat. Es ist dementsprechend auch ohne Erbrecht denkbar und hat sich von diesem im Zuge der Konstitutionalisierung in einem Prozess geschieden, der die Etablierung des privatrechtlichen Eigentumsbegriffs umkehrte. Soweit der Gesetzgeber aber Eigentum im Sinne des bürgerlichen Rechts als solches anerkannt hat, setzt es dem staatlichen Umgang mit der Erbfolge Grenzen. As is well known, "property" as a constitutional right is not congruent with "property" in the sense of private law. The two are not merely in a relationship of more and less, but separated by a fundamental difference: Unlike its constitutional counterpart, property under private law is inseparably connected with the right of succession and even owes its origin to it. It can only have its characteristic absolute power, if it continues to have an effect beyond the death of its owner. Property as a constitutional right, on the other hand, is based solely on the trust that legislature has aroused in an individual through regulation. Accordingly, it is also conceivable without right to inheritance, and in the course of constitutionalization it has been separated from the latter in a process that reversed the emergence of the private law concept of property. However, insofar as legislature has recognized property in the sense of private law, it sets limits on the regulation of succession.


2018 ◽  
Vol 149 ◽  
pp. 01069
Author(s):  
M.H.R. Khudhair ◽  
M. S. El Youbi ◽  
A. Essamri ◽  
A. Elharfi

This work aims to valorize a mineral and natural resources such as the Limestone Fillers (F-Lime) and the Natural Pozzolan (PN) by incorporating them into the formulation matrix of cement or concrete. In order to minimize the CO2 emissions into the atmosphere, to reduce the energy and raw materials consumption and as well as, to improve the physical and mechanical properties in fresh cement paste and of mortar or concrete in the hardened state. In this present manuscript, we substituted the clinker by the combination between the F-Lime and NP at 40% by weight of cement with steps of 5% with the admixture of superplasticizers. The influences of the incorporation of these additions on physical and mechanical properties of mortar or concrete in the fresh cement paste and hardened state were evaluated. The obtained results by different formulations elaborated to show that the replacement a part of clinker by the mixing of F-Lime and PN has produced a new hydraulic binder eco-friendly and durable with improved physicochemical, physical and mechanical properties. These results show that we have succeeded to manufacture, characteristic and formulated of new ecofriendly hydraulic binder and sustainable with improved physical, chemical, and mechanical properties while minimizing greenhouse gas emissions on one hand and the reducing the energy raw materials consumption on the other hand.


Pedagogiek ◽  
2021 ◽  
Vol 41 (3) ◽  
Author(s):  
Anders Schinkel

Abstract Toleration is a person’s response, on the one hand, to something she disapproves of, and on the other hand, to her inclination to put a stop to that which she disapproves of. When people think about toleration from a pedagogical perspective, as a virtue to be cultivated, attention naturally focuses on the latter: how do we teach someone to control herself, to take the other’s perspective, et cetera; and how do we make sure someone develops ‘tolerant’ views? Discussions about this virtually always concern the same topics, however; critical reflection on the objects of (in)tolerance are lacking. When we turn our gaze outwards, we see that intolerable practices take place on a large scale (e.g. ecologically destructive practices) that we all ‘tolerate’ – because we don’t care enough. We ought to teach children to care about the right things to the right degree; and that means we need to teach them not to tolerate certain practices.


GeoTextos ◽  
2012 ◽  
Vol 8 (1) ◽  
Author(s):  
Jesiel Souza Silva ◽  
José Maria Gusman Ferraz

As comunidades quilombolas mantêm, ainda hoje, práticas centenárias trazidas por seus ancestrais do continente africano. Essas práticas, além de culturais, dizem respeito à religiosidade, à política e às formas de produção, envolvendo técnicas agrícolas, formas de manejo do solo, formas de plantio, se constituindo em uma íntima relação dessas comunidades com o ambiente em que estão inseridas, a partir do desenvolvimento de técnicas conservacionistas e utilização racional dos recursos naturais, garantindo desta forma a manutenção da biodiversidade, para utilização das gerações futuras. Suas conquistas passaram automaticamente pelo período de redemocratização do país, no qual o movimento negro e lideranças das comunidades quilombolas intensificaram a luta por direitos que garantissem a cidadania a essas comunidades. O objetivo deste artigo, parte da dissertação de mestrado de um dos autores sobre o tema, é analisar as conquistas advindas desses movimentos, que garantiram o início de seus direitos quando envolvidos nos processos de elaboração da Constituição de 1988, asseguraram o direito à preservação de sua identidade e cultura, bem como o direito à titulação das terras ocupadas por vários anos por um povo que se contrapôs ao regime escravocrata e constituiu um novo modelo de sociedade e relação social. Abstract LAND ISSUE: THE LAND AS A SOCIAL AND ECONOMIC NEED FOR THE QUILOMBOLA REPRODUCTION The maroon communities keep alive, even today, centenary practices brought by their ancestors from Africa. These practices, besides cultural, relate to the religiosity , politics and forms of production, involving agricultural techniques, forms of soil management, planting forms, becoming in an intimate relationship of these communities with the environment in which they are inserted, starting from the development of conservationist techniques and rational use of natural resources, thus ensuring the maintenance of biodiversity for the benefit of future generations. Their achievements had passed automatically for a period of democratization of the country in which the black movement and leaderships of Quilombolas communities had intensified the fight for rights that would guarantee citizenship to these communities. The aim of this paper is to analyze the achievements that occurred from these movements that ensured the beginning of their rights when involved in the process of elaboration of the Constitution of 1988, they ensured the right to preserve their identity and culture, as well as the right of title deed of occupied lands by several years by a people who was opposed to the slave regime and formed a new model of society and social relations.


2020 ◽  
Vol 8 (1) ◽  
pp. 57-63
Author(s):  
Reny Wiyatasari

  This study aims to describe the understanding of Japanese language students about the ‘uchi-soto’ concept which is the standard for Japanese people when using the ‘yari-morai’ expression. This also relates to the process of translating speeches containing the verb ‘yari-morai’. Data sources are Japanese manga (Japanese) and a questionnaire that lists structured questions. The method used in data collection is the listening method with tapping technique as the basic technique and the listening-free-engaged-conversation technique as an advanced technique. Whereas in the analysis using contextual and descriptive methods, the sentence is analyzed by explaining the context, the concept of ‘uchi-soto’ in relation to the use of ‘yari-morai’ auxiliary verbs, assessing the results of the translation and relating it to the concept of ‘uchi-soto’ in the linguistic realm. The results of this study indicate 1) in the yaru and ageru verbs, it was found that the respondents' understanding of the uchi-soto concept was the same lack. 2) on the morau verb, the authors found that respondents were able to determine the uchi-soto relationship and 3) in the kureru verb, some respondents can distinguish and determine the uchi-soto relationship well, however, when the kureru verb becomes kudasaru, even though the respondent can still recognize the uchi-soto relationship, some 100% of the translating results of the respondent are incorrect. So, from the students' understanding of the concept of uchi-soto which is associated with the results of translation it is known that it does not significantly correlate with student competence in translating utterances that contain yari-morai verbs and vice versa. Although some respondents answered correctly the uchi-soto relationship of the speakers involved in a conversation, it was not in accordance with the translation that resulted from both accuracy and acceptance. On the other hand, although the respondent is able to translate the fragments from the utterances, it is not able to determine the right relationship between speakers with other parties in the given conversation situation. Keywords: expressions; uchi-soto; yari-morai; translation


2014 ◽  
Vol 18 (1) ◽  
pp. 507-531
Author(s):  
Elisa Freiburg

This article examines the legal connections between the modern phenomenon of ‘land grabbing’ – large-scale acquisitions of land rights by foreign investors – and the human right to self-determination. It is argued that the right to self-determination and in particular the principle of permanent sovereignty over natural resources cannot only be invoked by one State against another, but also by the people against its own government, thus legally binding all States involved in the process. The basic premise shall not be that land grabbing is per se illegal; it depends on how it is performed. The right to self-determination and the principle of permanent sovereignty over natural resources bring along important restrictions that States have to honour. Governments should develop their foreign investment relations in a way that ensures the human rights of their populations, especially given the fact that in this respect business corporations are not bound by any hard international law. The regulation of the investment is an important factor: transparency and involvement of local authorities at the planning stage, as well as the participation in the investment’s benefits help to ensure that a people is not deprived of its own means of subsistence.


Author(s):  
Alan Kelly

As we have seen, heating of food is one of the oldest and most powerful ways of making food safe and stable, whether cooking a burger on a barbecue or pasteurizing juice, but is also a potentially highly damaging thing to do to many food products. So, it makes sense that a key principle of processing food is to understand how to control the flow of heat as precisely as possible. In Chapter 8, I introduced how we can maximize the efficient transfer of heat into and out of food in a kitchen in simple systems, like pots on stoves. In practice, in large-scale processes, to transfer heat efficiently from hot to cold, and in this way keep the lords of thermodynamics happy while minimizing damage to the food being heated, we need to use clever pieces of equipment, called heat exchangers (reflecting the fact that, just as the cold part of the system gets hotter, so the hot part gets colder in the deal; fair exchange is no robbery). To visualize a heat exchanger, imagine a simple metal tube, through which a cold liquid is flowing from one end to the other. Now surround that tube with a larger one, through which a hot liquid flows (as shown in Figure 11.1). The wall of the inner tube is exposed to cold on the inside and hot on the outside, and this temperature gradient is the pump that transfers heat across that wall, in nature’s obsessive quest for equality in all things temperature-y. So, now we have two tubes laid horizontally in concentric neatness, say with a hot and a cold liquid flowing in from the left-hand side; as they exit at the right-hand side, the outer hot liquid will be colder, and the inner liquid will have gained the lost heat and thus become hotter. If the tubes were sufficiently long, then both would come out at exactly the same temperature.


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