scholarly journals International Treaties And Law Of Environment In India: An Overview

2021 ◽  
Vol 6 (II) ◽  
pp. 27-35
Author(s):  
Dr. Ram Charan Meena
Keyword(s):  
Natural Resources ◽  
Environmental Issues ◽  
International Agreements ◽  
International Treaties ◽  
Indian Constitution ◽  
Environmental Laws ◽  
Ecological Balance ◽  
The Government ◽  
Indian Scenario

To address environmental issues that India and other countries face, it is essential and very important to commence action at all levels like global, regional, national, local, and community. It is not adequate to have international agreements, treaties and instruments on environmental issues and various problems but completion, implementation and enforcement of these policies and agreements to a large extent determine their impact and effectiveness. In the last few decades, there has been an increasing concern and consciousness about the need to protect the environment, nationally and internationally. Under the structure of the Indian Constitution, a number of Articles are enumerated in which environmental duties to preserve the natural resources of the country have been stated like Articles 48–A and 51–A[g]. Additionally, the Constitution also provides procedures in Articles 252 and 253 for adopting national legislations in regard to the needs of the States. The constitutional mandates and other environmental laws or regulations in India effective, successful and urgent need to streamline enforcement. The creative and innovative role of Indian Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. In this research paper, an effort has been made to momentarily outline the various Indian legislations and international treaties relating to the environment, which are mainly and more relevant to protect and improve the environment in India. The enforcement, scope and limit of these legislations has also been critically examined and evaluated in systematically manner. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.

scholarly journals Law Of Environment In India: Problems And Challenges In Its Enforcement

2021 ◽  
Vol 6 (II) ◽  
pp. 17-26
Author(s):  
Ashish Verma
Keyword(s):  
Public Interest ◽  
Pollution Control ◽  
National Development ◽  
Indian Constitution ◽  
The Supreme Court ◽  
The Government ◽  
Set Up ◽  
Indian Perspective ◽  
Indian Scenario

There is no deficiency of available legislations on environmental protection in India but enforcement of these legislations has been far from satisfactory. There is urgent need for the effective, successful and well–organized enforcement of the Constitutional mandate and other environmental legislations or laws in India. The creative and innovative role of India Judiciary and National Green Tribunal [NGT] has been significant and laudable in this era. Pursuant to the provisions contained in Articles 48–A and 51–A[h] of the Indian Constitution, various Public Interest Litigations have been instituted in the Supreme Court against several industries for failing to provide sufficient pollution control and also against Pollution Control Boards to direct them to take proper measures to ensure pollution control in Indian perspective. For the purpose of effective, successful and well–organized enforcement of these legislations, it is required to set up an Adjucatory Body in each State in India, which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws. Protection of the environment and keeping ecological balance in Indian scenario unaffected is a task which not only the Government but also every individual, association, society, industry and corporation must undertake. It is a social compulsion and fundamental duty enshrined in Article 51–A[g] of the Indian Constitution.

The Global Waste Trafficking and Its Correlates

2020 ◽  
Vol 36 (3) ◽  
pp. 351-383
Author(s):  
Serena Favarin ◽  
Alberto Aziani
Keyword(s):  
Rule Of Law ◽  
Environmental Issues ◽  
Global Level ◽  
Basel Convention ◽  
International Treaties ◽  
Environmental Laws ◽  
The Sustainable Development ◽  
Waste Solid ◽  
Potential Factors

Our understanding of illicit waste trafficking (IWT) is in its embryonic stages; most notably, the transnational nature of this phenomenon has hitherto been neglected in extant empirical research. This study provides the first analysis of the possible coorrelates of transnational IWT at a global level. Through recourse to information extracted from the official Basel Convention National Reports, we constructed a network of the most relevant IWT connections between 148 countries. Next, we quantitatively investigated the role of specific potential factors that influence the structure of this transnational network. Our results indicate that illicit waste is trafficked toward poorer and more insecure countries, primarily via former colonial connections. As such, IWT poses a direct threat to the sustainable development of these countries. Mere adherence to international treaties and promulgation of environmental laws does not in and of themselves explain whether a country is part of the global IWT network, although the establishment of dedicated courts and tribunals does reduce the risk of being a recipient of trafficked waste. Solid anticorruption measures and a strong rule of law increased the likelihood of being a source country in the IWT network, which, in turn, calls for a more global approach to the management of environmental issues.

Gender and belief factors on attitude towards Social and Environmental Accounting (SEA)

2009 ◽  
Vol 6 (2) ◽  
pp. 51
Author(s):  
Salina Abdullah ◽  
Ern Chen Loo
Keyword(s):  
Natural Resources ◽  
Undergraduate Students ◽  
Environmental Issues ◽  
Environmental Accounting ◽  
Future Generations ◽  
Business And Society ◽  
Four Dimensions ◽  
Sustain Ability ◽  
The Relationship

Research on social and environmental accounting (SEA) has mainly concentrated on disclosure of SEA by corporate bodies, where investigations on ones attitude towards SEA are rarely discussed. SEA is a medium that develops relationships between business and society, community and nature. In addition, SEA involves a concept of sustain ability; where natural resources need to be sustained for the needs of future generations (Alhabshi et al., 2003). SEA also tries to recognise the role of accounting in sustainable development and the use of environmental resources. There are arguments that the young generations today are not fully aware of preserving these natural resources as well as handling social and environmental issues wisely. This perhaps link closely to their belief and cultural background. Hence, this paper examines the influence of gender and belief factors on the undergraduate students’ attitude towards SEA. Four dimensions of belief (fixed ability, quick learning, simple knowledge and certain knowledge) proposed by Schommer (2005) were adapted to analyse how belief factors have influence on their attitude towards SEA. An independent sample t-test was used to examine the relationship between gender and students’ attitude towards SEA. Spearmen’s correlation was employed to show the relationship between belief and attitude towards SEA. The results revealed that gender differences did not show influences on their attitude towards SEA. It was found that there is a significant relationship between belief and students’ attitude towards SEA. Students who believe on the importance of SEA tend to report positive attitude towards SEA. Perhaps findings of this study may provide some information on the SEA education and further be incorporated in the syllabus.

scholarly journals Environmental issues and international relations, a new global (dis)order - the role of International Relations in promoting a concerted international system

2015 ◽  
Vol 58 (1) ◽  
pp. 191-209 ◽  
Author(s):  
Joana Castro Pereira
Keyword(s):  
International Relations ◽  
Natural Resources ◽  
State Of The Art ◽  
Positive Impact ◽  
International System ◽  
Global Environmental Change ◽  
Environmental Issues ◽  
Global Environmental ◽  
The Subject

Is it possible to talk about the rise of a new global (dis)order founded on the challenges posed by environmental issues? Through the review of the state of the art on the subject, this article analyzes the growing importance of the environment, and natural resources in particular, in international relations; and aims to raise awareness among International Relations scholars to the potential positive impact of the development of the discipline in integration with global environmental change studies.

Role of Government Policies in Environmental Management

2021 ◽  
Vol 1 (3) ◽  
pp. 86-93
Author(s):  
Andriansyah Andriansyah ◽  
Endang Sulastri ◽  
Evi Satispi
Keyword(s):  
Law Enforcement ◽  
Natural Resources ◽  
Environmental Ethics ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Role Of Government ◽  
The Government ◽  
Role Of The Government ◽  
Land Water

Humans in meeting the needs of their lives need natural resources, in the form of land, water and air, and other natural resources that are included in renewable and non-renewable natural resources. However, it must be realized that the natural resources that humans need have limitations in many ways, namely limitations regarding their availability in quantity and quality. Certain natural resources also have limitations according to space and time. The government needs to take alternative steps to determine the potential and problems in the use of natural resources. The purpose of this study is to find out how the role of the government through its policies in managing the environment. This research uses the descriptive analysis method. The results of the study indicate that the creation of a fair and firm environmental law enforcement to manage natural resources and the environment in a sustainable manner with the support of quality human resources, the expansion of the application of environmental ethics, and socio-cultural assimilation are increasingly stable.

Federalism and Compliance with International Agreements: Belgium and Canada Compared

2010 ◽  
Vol 5 (1-2) ◽  
pp. 173-197 ◽  
Author(s):  
Stéphane Paquin
Keyword(s):  
Decision Making ◽  
Foreign Policy ◽  
International Agreements ◽  
Decision Making Process ◽  
Central Question ◽  
International Treaties ◽  
Two Systems ◽  
State Actors

This article aims to assess the effectiveness of two systems of governance with respect to the making of international treaties: the Canadian system, where the decision-making process is more centralized and where intergovernmental mechanisms are poorly institutionalized; and the Belgian system, where sub-state actors have the role of co-decision and where intergovernmental mechanisms are highly institutionalized. The central question to be discussed is: is the fact that one gives an important role to sub-state actors in the making of a country’s treaty by means of institutionalized intergovernmental mechanisms something that negatively or positively affects the foreign policy of a state? And is this a positive- or a negative-sum game at the level of the conclusion and implementation of treaties? The article concludes that the Belgian system is more effective, largely because its sub-state actors have an important role at every step of the conclusion of a treaty.

scholarly journals Pengawasan Pengelolaan Lingkungan Dibidang Pertambangan Berdasarkan Undang-Undang No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batu Bara

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 220
Author(s):  
Eren Arif Budiman ◽  
Ahmad Arif Zulfikar
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Coal Mining ◽  
Central Government ◽  
Profit Sharing ◽  
New Horizons ◽  
Delegation Of Authority ◽  
The Government ◽  
Role Of The Government

One of the environmental issues that affect the management of natural resources is mining activities. Based on Law No. 4 of 2009 concerning Mineral and Coal Mining began to open new horizons regarding the juridical aspects of mining management from its environmental aspects as well as being discussed about the independence of Indonesian mining. The role of the government in the formulation of environmental management supervisory policies must be optimized because natural resources have a very important role, especially in the context of increasing state revenue through clear and fair mechanisms of taxes, levies and profit sharing, and protection from ecological disasters. In line with regional autonomy, the gradual delegation of authority from the central government to regional governments in natural resource management is intended to increase the role of local communities and maintain environmental functions. The method in this research is normative legal research. The source of law used in this research is secondary legal material obtained by conducting literature review. Data analysis in this research is by qualitative analysis. Based on the contents of the discussion related to the supervision of environmental management in the mining sector based on Law no. 4 of 2009 concerning Mineral and Coal Mining covering environmental management, reclamation and post-mining including environmental management and monitoring in accordance with environmental management documents or environmental permits that are owned and have been approved; arrangement, restoration and improvement of land in accordance with its allocation; stipulation and disbursement of reclamation guarantee; post mining management; stipulation and disbursement of post-mining guarantees; and compliance with environmental quality standards in accordance with statutory provisions.

scholarly journals Abweichungsfeste Verfassungsgrundsätze des Unionsrechts als ordre public-Vorbehalt gegenüber dem Völkerrecht

2021 ◽  
Author(s):  
Philipp Tamblé
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
International Treaties ◽  
Ordre Public

Since the Kadi judgment, the ECJ has repeatedly emphasised that obligations imposed by international agreements cannot have the effect of prejudicing the constitutional principles of Union law. Based on a case law analysis, the study examines these constitutional principles of Union law, which have so far lacked contours. The focus is on the effect of these principles in relation to acts of Union law and international treaties of the Union that are determined by international law. Based on the results, individual constitutional principles are elaborated. A comparison also shows clear similarities of the concept with ordre public exceptions. An outline of the role of constitutional principles in solving current issues rounds off the work.

scholarly journals REKONSEPSI HAK PENGUASAAN NEGARA ATAS WILAYAH UDARA DI TENGAH KEBIJAKAN LIBERALISASI PENERBANGAN

2015 ◽  
Vol 4 (2) ◽  
pp. 327
Author(s):  
Endang Puji Lestari Puji Lestari
Keyword(s):  
The State ◽  
State Sovereignty ◽  
International Treaties ◽  
Legal Concept ◽  
Air Space ◽  
The Government ◽  
Role Of The Government ◽  
Multilateral Treaty

<p>Perkembangan di dunia penerbangan terhadap prinsip kedaulatan negara di ruang udara yang bersifat complete and exclusive kini telah terkikis oleh berbagai perjanjian internasional di bidang penerbangan yang dibuat oleh negara-negara dewasa ini seperti perjanjian perdagangan jasa pesawat penerbangan baik yang berbentuk multilateral seperti WTO, Regional seperti ASEAN maupun bilateral. Tulisan ini mengidentifikasi dua permasalahan yaitu: pertama, bagaimanakah konsep kedaulatan negara atas ruang udara yang bersifat complete dan exclusive dalam hukum internasional diimplementasi dalam peraturan perundang-undangan nasional Indonesia melalui hak penguasaan negara? kedua, bagaimana konsep hukum yang tepat yang dapat mengharmoniskan kepentingan kedaulatan negara melalui hak pengusaan negara di tengah liberalisasi perdagangan jasa penerbangan? Metode yang digunakan dalam penelitian ini adalah merupakan jenis penelitian hukum normatif. Penelitian ini menyimpulkan bahwa: pertama, terjadi pergeseran makna kedaulatan negara dalam penguasaan wilayah udara dari penguasaan yang ekslusif dan lengkap menjadi terbatas karena adanya liberalisasi perdagangan dunia penerbangan. Kedua, rekonseptualisasi peran pemerintah dalam hal penguasaan negara atas ruang udara sebagai sumber daya strategis adalah pergeseran peranan pemerintah dari sebagai penonton saja menjadi fasilitator dan regulator yang berperan besar dalam meningkatkan daya saing dunia penerbangan nasional. Penelitian ini menyarankan peranan pemerintah dalam meningkatkan daya saing dunia penerbangan adalah melalui: menciptakan peraturan perundang- undangan yang menjamin adanya kepastian hukum, reformasi birokrasi di bidang penerbangan, penyediaan infrastruktur penerbangan, peningkatan kualitas SDM di bidang penerbangan, dan penegakan hukum yang konsisten.</p><p>The development in the aviation world on the principle of state sovereignty in air space that is both complete and exclusive have now been eroded by various international treaties in the field of airflight made by countries today as a trading treaty services of an aircraft in flight, both multilateral treaty like WTO, and regional treaty such as ASEAN or bilateral treaty. This articles identify two problems, first, how is state sovereignty concept over air space that is exclusive and complete under international law can be implemented in the Indonesia’s law and regulation through State Right Sovereignty over Airspace, second, how is the legal concept that can harmonize sovereignty interest through the State Right of Sovereignty over Airspace under liberalization regime? The methods of this research are normative resecarh approach. The result of this research shown that: Firstly, there is a shift in the meaning of State Sovereignty over its airspace from the complete and exclusive control and be limited because of the trade liberalisation of aviation world. Secondly, role re-conceptualitation of the government regarding the state sovereignty over its air space as a source of strategic power from the role of the government as a spectator to a facilatator and regulator with a major role in increasing the competitiveness of national flight. This research suggested that the role of the government in increasing the competitiveness of the national flight can be done by: creating the law and regulation that guarantee the legal certainty, bureaucracy reform in the field of flight, providing infrastructure flight, increasing the quality of human resources in the field of flight, and law enforcement that are consistent.</p>

scholarly journals Usability Engineering and Evaluation of Usability In District Tourism And Culture Information Systems

2019 ◽  
Vol 3 (2) ◽  
pp. 101-109
Author(s):  
Wasis Haryono
Keyword(s):  
Information Systems ◽  
Natural Resources ◽  
Usability Engineering ◽  
Software Usability ◽  
The Government

So far, the potential of natural resources has not been fully managed by the government or the community. For that we need a mature tourist object planning either by visitors or by developers. Communities need information provided on a mobile basis that can be accessed anywhere. This information is inseparable from the role of technology that supports so that applications can be used by tourists who want to visit either in the form of an address or location. Applications that are worthy of use are applications that have been tested usefulness or called usability. To test a system requires a questionnaire which one of them is SUMI (Software Usability Measurement Inventory). This study uses a method adopted from usability engineering lifecycle. The results of this study in the form of assessment with several criteria, so the application is feasible to use.

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