Problems of Environmental Law: Possibilities for Legislative Changes

2021 ◽  
Vol 23 ◽  
pp. 224-242
Author(s):  
Yermek Buribayev ◽  
Zhanna Khamzina ◽  
Bolat Zhumagulov ◽  
Baurzhan Zhangutin ◽  
Sabit Daubassov
Keyword(s):  
Natural Resources ◽  
Environmental Law ◽  
Environmental Problems ◽  
World Market ◽  
Point Of View ◽  
Negative Consequences ◽  
Legal Norms ◽  
Environmental Human Rights ◽  
Laws And Policies

Kazakhstan is a country experiencing tangible environmental problems. Currently, it faces numerous environmental problems such as air pollution, water pollution, exploitation of natural resources, negative consequences of mining, etc. In order to cope with environmental problems, a number of legislative acts have been enacted: the Environmental Code, the Water Code, the Forestry Code, a number of laws and government decrees that provide a legal basis for sustainable development. But, unfortunately, these laws and policies were not properly implemented due to issues such as inconsistency, weak enforcement, the presence of internal contradictions, gaps, and discrepancies, etc. As a result, the current legislation in the field of environmental protection does not meet the development objectives of our country, its lack of transparency hinders the development of the economy, and indistinctness reduces the competitiveness of domestic producers in the world market and the volume of investments attracted to the economy. Many aspects of the state's environmental activities remain unregulated from a legal point of view, which, on the one hand, leads to a deterioration in the quality of the environment and the plunder of natural resources, and on the other hand, creates conditions for the development of corruption. This study proposes individual solutions to problems in the environmental sphere by creating new legal norms, as well as eliminating contradictions between existing regulatory legal acts, systematizing legislation and establishing a unified practice of applying norms. It is concluded that the implementation of environmental human rights depends on the quality of regulatory legal acts and their effective application.

Environmental Issues, Natural Resources, and Quality of Life

Modern Egypt ◽  
2018 ◽  
Author(s):  
Bruce K. Rutherford ◽  
Jeannie L. Sowers
Keyword(s):  
Quality Of Life ◽  
Developing Countries ◽  
Natural Resources ◽  
Low Income ◽  
Environmental Issues ◽  
Well Being ◽  
Environmental Problems ◽  
Health And Well Being

How Do Environmental Problems Affect Egypt? Egypt faces grave environmental problems that negatively impact the health and well-being of its citizens and threaten the country’s unique natural and cultural heritages. Like many middle and low-income “developing” countries, Egypt must grapple with environmental problems associated with...

scholarly journals Legal relations peculiarities as a subject of legal regulation in the complex law branch

2020 ◽  
Vol 5 (5) ◽  
pp. 15-22
Author(s):  
Lyudmyla Dobroboh
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Environmental Protection ◽  
Theoretical Study ◽  
Environmental Law ◽  
Legal Regulation ◽  
Future Generations ◽  
The Subject ◽  
Selection Of

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.

scholarly journals Analysis of Russian legislation from the point of view of gender asymmetry

2021 ◽  
Vol 10 (39) ◽  
pp. 86-93
Author(s):  
Olga V. Klimashevskaya ◽  
Pavel E. Studnikov ◽  
Pavel V. Poznyakov
Keyword(s):  
Point Of View ◽  
Final Conclusion ◽  
Sociological Research ◽  
Gender Analysis ◽  
Negative Consequences ◽  
Legal Norms ◽  
Gender Symmetry ◽  
Russian State ◽  
Starting Point ◽  
Gender Asymmetry

This article is devoted to the analysis of Russian legislation from the point of observance of gender symmetry and the identification of norms that infringe on the rights of one of the genders and thereby hinder the exercise of rights on equal footing. The starting point in the research methodology is the study of the concept of a gender-neutral norm, which should proceed from the position of ensuring equality of conditions and opportunities for men and women to the same extent. Also, a gender analysis of Russian legislation was used as a methodology, as a result of which it can be concluded that the Russian state, as an institution to which society has delegated power, is not fully consistent in the political measures and steps taken to resolve this issue. The final conclusion that was reached during the study, in a number of cases, seems advisable to revise the provisions of Russian legislation beforehand with sociological research, which makes it possible to reveal the real effectiveness and possible side negative consequences of the application of certain legal norms and thereby minimize the procedural problems that arise in this regard.

Article 191 TFEU

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Policy ◽  
Natural Resources ◽  
Animal Welfare ◽  
Human Health ◽  
Environmental Problems ◽  
Specific Reference ◽  
Rational Utilization ◽  
External Dimension ◽  
Sentient Beings

Article 191(1) TFEU provides the objectives of the EU’s environmental policy. These are the preservation, protection, and improvement of the quality of the environment, the protection of human health, the prudent and rational utilization of natural resources, and, in an external dimension, the promotion of international measures to deal with environmental problems. The specific reference to climate was added by the ToL. Not mentioned in the Environment Title, but separately in Article 13 TFEU, the EU, furthermore, expresses a commitment to animal welfare, ‘since animals are sentient beings’, which one could equally consider an aspect of environmental policy.

scholarly journals Reasons Why Inflicting Harm is not a Sufficient Indicator of Abuse of the Right

Lex Russica ◽  
2021 ◽  
pp. 22-31
Author(s):  
S. V. Musarskiy
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Point Of View ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Legal Norms ◽  
Key Factor ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

One of the most difficult issues of civil law is the determination of the criteria for abuse of rights prohibited by Article 10 of the Civil Code of the Russian Federation. Among numerous points of view on this issue, the following has become very widespread in judicial practice: an abuse of the right can be established based on the negative consequences that have occurred for third parties as a result of the exercise of the right. Since these consequences are evident, then the exercise of the right constituted an abuse. Substantial support for this approach is provided by the Constitutional Court of the Russian Federation opining that the rule of Art. 10 of the Civil Code of the Russian Federation is aimed at implementing the principle enshrined in Part 3 of Art. 17 of the Constitution of the Russian Federation. Having studied the origins of this point of view and its legal foundations, the author noted a number of inherent shortcomings. In particular, this point of view does not distinguish between inflicting unacceptable harm and admissible actions causing harm to another person; it does not take into account the competition of legal norms; it does not take into account that causing harm prohibited by law is an offense and, therefore, it is not an act of exercising subjective rights. These and other shortcomings of the concept of causing harm, noted by the author of the paper, lead to the conclusion that the feature of “causing harm” in itself is insufficient to qualify the act as an act of abuse of the right and the application of Art. 10 of the Civil Code of the Russian Federation. In addition to the indicated feature, which is a prerequisite for the application of Art. 10 of the Civil Code of the Russian Federation, the court must establish another (key) factor, namely: the fact that, in its opinion, allows to distinguish between legal abuse and other lawful and unlawful phenomena.

scholarly journals V Peru sa ešte nosí občianska odvaha a vzdor proti arogancii moci a kapitálu

Envigogika ◽  
2014 ◽  
Vol 9 (2) ◽  
Author(s):  
Mikuláš Huba
Keyword(s):  
Natural Resources ◽  
Environmental Problems ◽  
Point Of View ◽  
Natural Beauty ◽  
International Climate

In June 2014, Mikuláš Huba undertook a forthnight’s trip around Peru where he was part of a team consisting of 17 members from 9 countries. The trip was organized by the international Climate Alliance NGO as part of the project From Overconsumption to Solidarity, the purpose of which is to raise awareness among Europeans of the global consequences of the overconsumption of natural resources. Mikuláš’s experiences from the journey and Peru are presented in an interview from the point of view of the country’s natural beauty and its environmental problems.

scholarly journals RESPONSABILIDADE AMBIENTAL PÓS-CONSUMO E LOGÍSTICA REVERSA: INSTRUMENTOS PARA UM CONSUMO SUSTENTÁVEL - DOI: http://dx.doi.org/10.5216/rfd.v40i1.28601

2016 ◽  
Vol 40 (1) ◽  
pp. 167
Author(s):  
Giovanna Paola Primor Ribas ◽  
Carlos Frederico Marés de Souza Filho
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Environmental Law ◽  
Sustainable Consumption ◽  
Environmental Problems ◽  
Human Needs ◽  
Consumer Responsibility

RESUMO:Os inúmeros e variados problemas ambientais com que o planeta se depara decorre do fenômeno segundo o qual o homem, para satisfação de suas novas e múltiplas necessidades, que são ilimitadas, apropria-se dos bens da natureza, por definição limitados. As necessidades humanas inevitavelmente são consumidoras de recursos naturais, o que deve ser ponderado é o volume dessa apropriação. O conceito de desenvolvimento sustentável expandiu-se e passou a abarcar o consumo sustentável. Posteriormente, nesse mesmo contexto, surgiram os termos consumo solidário e consumo consciente. Concomitantemente a essas propostas voluntárias faz-se necessário, para coibir o mau consumo, a atuação do Direito Ambiental, que tem se preocupado cada vez mais em regular a responsabilidade pós-consumo.ABSTRACT:Many environmental problems that the planet has faced is result from the phenomenon whereby the man appropriates the goods of nature to satisfy your new and multiple needs. Human needs are inevitably consumers of the natural resources. The volume of appropriation is what needs to be considered. The concept of sustainable development has expanded to embrace the concept of sustainable consumption. Posteriorly, in this same context, it has appeared terms as conscious and solidarity consumption. Besides these voluntary propositions, the acting of the Environmental Law, regulating the post-consumer responsibility, is necessary in order to restrain the bad consumption.

Transboundary Impacts

2008 ◽  
Author(s):  
Günther Handl
Keyword(s):  
Environmental Impact ◽  
Natural Resources ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Global Commons ◽  
Legal Norms ◽  
Global Nature ◽  
Physical Effects ◽  
International Responsibility

Although transboundary impact might be understood to include effects ranging from political and economic to ideological or intangible ones, in international environmental legal discourse the notion is generally understood to involve transboundary physical effects. Transboundary impacts in this former, wider sense may be subject to special treaty regimes, which, however, bear only indirectly on international environmental law. This article examines legal norms applicable to transboundary impacts on other individual states or group of states, their territory, natural resources, and people to the exclusion of transboundary effects of a global nature or affecting the global commons only. Much of international law governing transboundary impacts has an essentially bilateralist grounding. By contrast, norms applicable to the global commons more typically reflect the notion of an international communitarian interest in environmental protection. This article also considers transboundary environmental impacts in international law, international responsibility and liability for transboundary impacts, and the institutionalisation of transboundary environmental impact management.

scholarly journals Instituting Principle for the reproduction (restoration) of natural resources and complexes in the Context of Ensuring and Protecting Fundamental Human Rights

2021 ◽  
Vol 4 (4) ◽  
pp. 62-89
Keyword(s):  
Human Rights ◽  
Environmental Policy ◽  
Natural Resources ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
Positive Law ◽  
Environmental Objects ◽  
Functional Purpose ◽  
Law Making

This article is devoted to the study of instituting principles for the reproduction (restoration) of natural resources and complexes in the context of ensuring and protecting fundamental human rights. The paper analyses these principles and proposes dividing them into four groups according to their functional purpose: system- forming, organisational, preventive, and that of economic direction. The principle of legal provision for the ecosystem approach to the reproduction (restoration) of natural resources and complexes and the ‘net gain’ principle are of particular interest in the system for the reproduction (restoration) of natural resources and complexes. These two principles should be considered the most important ones and be the basis for the following: organising and implementing measures for the reproduction (restoration) of natural resources and complexes; recovering and improving the quality of ecosystems; preventing and eliminating harmful economic impacts on the environment and human health; ensuring the sustainable functioning of ecosystems by indissolubly linking and balancing all environmental objects. It is established that instituting principles for the reproduction (restoration) of natural resources and complexes are universal regulations of positive law, generally influencing the formation of state environmental policy and law-making, as well as litigation in Ukraine that is concerns environmental law principles.

scholarly journals Quality of Life and Market

2011 ◽  
Vol 18 ◽  
pp. 155-201
Author(s):  
Natalia Batsun
Keyword(s):  
Quality Of Life ◽  
Environmental Safety ◽  
World Market ◽  
Point Of View ◽  
Education Quality ◽  
Economic Support ◽  
Economic Program ◽  
The World ◽  
Legal Space

The market system is imperfect from the point of view of improvement of quality of life, the basic components of which are: population health, education, quality of human resources, environmental safety, etc. The market is not focused on manufacturing socially important goods, it has no perfect economic mechanism for securing environmental safety. The search of new ways of economic development has led to recognition that only quality of life can express to the greatest degree the society purposes, as well as the competitiveness of the countries in the world market. Among obvious defects, preventing to determine of problems of the quality of life in Russian Federation, there are: insufficient normative and legal space in the sphere of evaluating quality of life, poor estimation of the development purposes and directions, and poor economic support. For solving each task, it is necessary to develop a socio-economic program with a corresponding financial maintenance, as well as the criteria of estimating the advancement of these programs to the planned purpose – which is the maintenance of the quality of life.

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