scholarly journals Environmental Law that Affects the Green Behaviour of Undergraduates at Northeastern University

2021 ◽  
pp. 1141-1157
Author(s):  
Sapphasit Kaewhao
Keyword(s):  
Air Quality ◽  
Natural Resource ◽  
Environmental Law ◽  
Criminal Liability ◽  
Civil Liability ◽  
Environmental Damage ◽  
Quality Maintenance ◽  
Ecological Damage ◽  
The Mean ◽  
Maintenance Behaviour

The objectives of this study were.to study environmental damage, natural resource damage, ecological damage, civil liability, criminal liability, administrative liability, and green behaviour levels and to study the independent variables comprising environmental damage, natural resource damage, ecological damage, civil liability, criminal liability, and administrative liability affecting the dependent variable of the green behaviour of undergraduates. The research instrument was the questionnaire, and it was used for data collection from 400 undergraduates. The inferential statistics that were used was the multiple regression analysis. Research results was revealed that the mean scores of environmental damages, natural resource damage, ecological damage, civil liability, criminal liability, administrative liability, and green behaviour levels were at high levels for all aspects. Moreover, it was found that the criminal liability had the most effect towards people’s air quality maintenance behaviour at a rate of 23.6 percent and was statistically significant at the level of 0.01. It was followed by administrative liability with 17.00 percent, which was statistically significant at the level of 0.01. This might indicate that the undergraduates realized to the important of criminal liability to enforces the people’s air quality maintenance. Therefore, in order to control air quality effectively, the criminal liability is needed to use to accomplish the air quality control.

scholarly journals Administrative Liability for Causing Damage to Selected Components of the Environment

2019 ◽  
Vol 4 (2) ◽  
pp. 5-15
Author(s):  
Branislav Cepek
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Criminal Liability ◽  
Civil Liability ◽  
Tort Law ◽  
Environmental Damage ◽  
The Public ◽  
Ecological Damage ◽  
Special Case ◽  
The Eu

The article deals with one of the most important and recent issues of the contemporary law of the Member States and the EU in the field of environment, which is criminal liability for environmental crimes which serves as a tool for promoting environmental protection. Environmental law can be divided into two basic types of environmental liability for damage to the environment and liability for damage. Liability for environmental damage is divided into civil liability for damage as well as liability of the public for ecological damage. A special case is liability for historical damage.The Directive on torts is divided into criminal liability and administrative liability. In this paper, the author focuses on the analysis of the contemporary Czech tort law in the field of biodiversity protection and considers several aspects of this a de lege ferenda issue.

Recent developments in French environmental law: Recognition and implementation of ecological damage in French tort law

2019 ◽  
Vol 21 (4) ◽  
pp. 309-317
Author(s):  
Julie Foulon
Keyword(s):  
Environmental Law ◽  
Tort Law ◽  
Environmental Damage ◽  
New Approach ◽  
Legal Personality ◽  
Ecological Damage ◽  
Environmental Liability ◽  
Recent Developments ◽  
Environmental Loss ◽  
The Eu

As a consequence of increased pressure on environment in Europe and beyond, the extent and variety of forms of environmental damage has broadened widely over the last decades. One key way to tackle this problem is, evidently, to ensure that damage that arise is properly repaired. Whilst provisions to secure environmental liability have been implemented in the EU context through the Environmental Liability Directive, the effectiveness of this Directive is still limited. In France, in order to surpass current impasses, the 2016 Biodiversity Law was recently enacted (adopted on August 8th, 2016), which creates a specific regime in French civil law for remedying ecological damage (defined as damage caused to nature itself). Three years after the introduction of France’s new approach to ecological damage, the present article reflects on the legal innovations and challenges of the reform, and explains how the new regime proceeds to remedy ecological damage. A key challenge here, as will be discussed, is that nature as such has not been recognised as having legal personality under the French legal system, which has traditionally been a key hurdle for securing compensation for environmental loss in the first place under tort law.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

Cases and Places: A Field-Based Approach to Teaching Natural Resource and Environmental Law

2018 ◽  
Author(s):  
Karrigan Bork ◽  
Kurtis Burmeister
Keyword(s):  
Natural Resource ◽  
Environmental Law ◽  
Approach To Teaching

Reparation for Environmental Damage in Jus Post Bellum

2017 ◽  
Author(s):  
Ilias Plakokefalos
Keyword(s):  
Armed Conflict ◽  
Environmental Law ◽  
Shared Responsibility ◽  
Armed Conflicts ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Typical Situation ◽  
Sharing Responsibility

This chapter explores the problems that environmental damage in armed conflict pose to the determination of shared responsibility, and especially the determination of reparations, in the context of the jus post bellum. When two actors are engaged in armed conflict, there arise no serious issues as to sharing responsibility for violations. But the fact that modern armed conflicts often involve more than two actors (e.g. Libya 2011) complicates the matters arising out of environmental harm, as there may be two or more actors contributing to the same harmful event. This is a typical situation of shared responsibility. Shared responsibility provides that the problem of reparations for environmental harm is to be examined in situations where there is a multiplicity of actors that contribute to a single harmful outcome. This definition covers the breach of obligations under jus ad bellum and jus in bello, as well as under international environmental law.

scholarly journals Applying the Precautionary Principle to Private Persons : Should it Affect Civil and Criminal Liability?

2005 ◽  
Vol 43 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Bruce Pardy
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Punishment ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
The Past ◽  
Precautionary Action ◽  
Domestic Law

The precautionary principle, developed in international environmental law, is a prospective concept. It can be used to decide what should be allowed to occur in the future. The question addressed in this article is whether, in domestic law, the precautionary principle should be applied retrospectively. Should precautionary behaviour be used as a standard to apply to the past actions of private persons, so as to judge whether those persons have acted legally ? In the civil realm, the answer is « yes ». Applying the precautionary principle in civil cases removes foreseeability requirements, and transforms liability based on fault into strict liability. In the criminal sphere, retrospective application of the precautionary principle is not appropriate. To require precautionary action on the part of an accused in an environmental prosecution transforms strict liability into absolute liability, and creates the potential for criminal punishment in the absence of culpability.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima

SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 267
Author(s):  
Hajairin Hajairin ◽  
Gufran Sanusi ◽  
Aman Ma’arij
Keyword(s):  
Material Processing ◽  
Environmental Pollution ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Civil Law ◽  
Health Impact ◽  
City Government ◽  
Environmental Damage ◽  
Special Concern

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.

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