scholarly journals Umweltschutzrecht in Ungarn

2021 ◽  
Vol 67 (3) ◽  
pp. 276-297
Author(s):  
László Fodor

Until 1990, Hungary’s environmental legislation had been broadly incomprehensive. Since then, several laws and judicial decisions were passed, and scholarly literature on this topic exists in abundance. However, as yet, there is no exhaustive evaluation of the development of the legal and legislative development of the country’s environmental law of the past thirty years. This article provides a historical overview of Hungary’s environmental law, followed by an outline of the developments of the 1990 s; it then presents Hungary’s post-millenial environmental law, shedding light on the first decade. The next chapter covers Hungary’s environmental law after 2010, which was a turning point in the country’s environmental policies, associated with the FIDESZ party’s accession to power and several controversial environmental policies. The article concludes that environmental law cannot be observed separately, but must always be reviewed in conjunction with, and in the context of, changes in the entire legal system and the political changes taking place in a country at large. Despite EU approximation of environmental law, there are still cases of Hungarian environmental law contradicting European domestic market fundamental freedoms and competition law.

Author(s):  
Richard Jobson

This chapter examines the ways in which nostalgia shaped the political development of Neil Kinnock’s Labour Party between 1983 and 1992. It scrutinises claims, often made retrospectively by members of the New Labour project, that the Kinnock era was a period of limited modernisation. Moreover, it argues that Kinnock and his allies successfully negotiated Labour’s nostalgia in a manner that enabled them to reorient the party’s programmatic commitments away from the past. In this regard, the key turning point was the 1985-6 Jobs and Industry Campaign. When viewed through the lens of party nostalgia, other events, including Kinnock’s famous attack on the Militant Tendency at Labour’s annual conference in 1985, do not represent the kind of pivotal moments that academics have previously indicated they were. Furthermore, in 1992, despite significant policy reorientations, the party’s nostalgically imbued identity remained intact and unreformed.


2016 ◽  
Author(s):  
Donald E. Greenfield ◽  
Thomas W. McInerney ◽  
Ian R. Laing

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas, including Aboriginal law, environmental law, employment law, contractual interpretation, enforcement of foreign judgments, surface rights, utility regulation, and selected developments in civil procedure. Specific topics addressed include the availability of summary judgment for operators’ claims in the face of countervailing non-operators’ claims, recent appellate case law regarding the duty to consult, and the application of the “polluter pays” principle in contaminated sites litigation.


elni Review ◽  
2009 ◽  
pp. 39-42
Author(s):  
Eugene A. Wystorobets

This article addresses normative acts, decisions of the courts, practice and public relations in the field of public participation in environmental decision-making. The purpose of the present article is to develop measures for strengthening the principle itself in law application and improvement of environmental protection as a whole. Open and private data bases, content analysis methods, comparative law, formal, logic, and statistical methods were used during this work. This article offers a selection of main terms, a short description of domestic sources, a survey of several cases and practical problems. The review enables a general overview to be gained of the past, present and future of this problem in the context of Russian environmental legislation.


2020 ◽  
Vol 9 ◽  
pp. 217-234
Author(s):  
Salam Abdulqadir Abdulrahman

Environmental problems in Iraqi Kurdistan Region have been growing over the past two decades, and the regional government has responded by issuing legislation and regulation. This paper reviews the Kurdistan Regional environmental laws, and evaluates them against the international principles of environmental policies. It finds that the laws have incompatibility with the principles to varying degrees. The paper suggests that incorporating these principles into the environmental laws is necessary so as to have a just, participatory and precautionary environmental policy and a sustainable economy. The paper also looks at some environmental problems on the ground to further clarify the matter.


2017 ◽  
Author(s):  
Kevin Kerr ◽  
Ben Rogers ◽  
Marita Zouravlioff

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including Aboriginal law, contractual interpretation, corporate governance and shareholder rights, employment and labour law, environmental law, utility regulation, constitutional law, and selected developments in civil procedure. Specific topics addressed include the duty to consult, plans of arrangement, the duty of good faith in contractual relations, environmental claims upon insolvency, and the constitutionality of federal climate change legislation. For each case, some background information is given, followed by a brief explanation of the facts, a summary of the decision, and some commentary on the outcome.


2019 ◽  
pp. 503
Author(s):  
Bryan Walker ◽  
Lucy L'Hirondelle

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including alternative dispute resolution, bankruptcy and insolvency, contractual interpretation (including operator agreements), competition law, corporate separateness, damages and limitations of liability, Indigenous law, torts, and selected developments relating to summary dismissal. Specific topics addressed include the interpretation of exclusion clauses; the reaffirmation of the principle of corporate separateness; confirmation that environmental cleanup costs take priority over creditors in bankruptcy proceedings; confirmation that the development, passage, or enactment of legislation does not trigger the duty to consult; and apportionment of liability and Pierringer agreements. For each case, some background information is provided, followed by a brief explanation of the facts, a summary of the decision, and commentary on the outcome.


2020 ◽  
Vol 13 (4) ◽  
pp. 45-69
Author(s):  
Benoit Challand ◽  
Joshua Rogers

This paper provides an historical exploration of local governance in Yemen across the past sixty years. It highlights the presence of a strong tradition of local self-rule, self-help, and participation “from below” as well as the presence of a rival, official, political culture upheld by central elites that celebrates centralization and the strong state. Shifts in the predominance of one or the other tendency have coincided with shifts in the political economy of the Yemeni state(s). When it favored the local, central rulers were compelled to give space to local initiatives and Yemen experienced moments of political participation and local development.


Author(s):  
Nguyen Van Dung ◽  
Giang Khac Binh

As developing programs is the core in fostering knowledge on ethnic work for cadres and civil servants under Decision No. 402/QD-TTg dated 14/3/2016 of the Prime Minister, it is urgent to build training program on ethnic minority affairs for 04 target groups in the political system from central to local by 2020 with a vision to 2030. The article highlighted basic issues of practical basis to design training program of ethnic minority affairs in the past years; suggested solutions to build the training programs in integration and globalization period.


2018 ◽  
Vol 13 (3) ◽  
pp. 29
Author(s):  
D. A. Abgadzhava ◽  
A. S. Vlaskina

War is an essential part of the social reality inherent in all stages of human development: from the primitive communal system to the present, where advanced technologies and social progress prevail. However, these characteristics do not make our society more peaceful, on the contrary, according to recent research and reality, now the number of wars and armed conflicts have increased, and most of the conflicts have a pronounced local intra-state character. Thus, wars in the classical sense of them go back to the past, giving way to military and armed conflicts. Now the number of soldiers and the big army doesn’t show the opponents strength. What is more important is the fact that people can use technology, the ideological and informational base to win the war. According to the history, «weak» opponent can be more successful in conflict if he has greater cohesion and ideological unity. Modern wars have already transcended the political boundaries of states, under the pressure of certain trends, they are transformed into transnational wars, that based on privatization, commercialization and obtaining revenue. Thus, the present paper will show a difference in understanding of terms such as «war», «military conflict» and «armed conflict». And also the auteurs will tell about the image of modern war and forecasts for its future transformation.


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