scholarly journals Legal protection of the Arctic environment related tourism activity

2020 ◽  
pp. 9-23
Author(s):  
Nikolai Kudelkin
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The Arctic ◽  
Infrastructure Development ◽  
Negative Consequences ◽  
Negative Effects ◽  
Economic Sectors ◽  
Arctic Environment ◽  
Cruise Tourism ◽  
Tourism Activity

The Arctic continues to attract more and more tourists. In some of the Arctic regions, tourism in general and cruise tourism in particular is becoming one of the fastest growing economic sectors. However, aside from the economic benefit, the Arctic tourism poses a certain threat to the sensitive environment of the Arctic, which currently experiences constantly increasing pressure from economic activity and climate change. Major negative consequences of tourism activity include the pollution of territories and water zones, worry of animals, direct destruction of flora and fauna, loss of the places of habitat due to infrastructure development, etc. The listed facts underline relevance of the selected topic of research, as well as the need for legal protection of the Arctic environment from negative effects caused by tourism. Analysis is conducted on the current situation in the area of Arctic tourism, as well as the questions of Russia’s Arctic policy pertaining to tourism activity. A brief overview is provided to the international legal regulation in this sphere. The author concludes on the insufficiency of legal regulation in the area of Arctic tourism, and gives recommendations on the improvement of Russian legislation. It is noted that tourism is one of the few types of activities in the Arctic that sparks interests of multiple countries, and in which the acceptance of universal standards seems possible.

Human Life and Health as an Object of Environmental Law in the Globalised World

2020 ◽  
Vol 27 (1) ◽  
pp. 189-200
Author(s):  
Anatolii Getman
Keyword(s):  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Environmental Security ◽  
The State ◽  
Dominant Factor ◽  
Negative Consequences ◽  
State Of The Environment

The article examines the issues of legal protection of human life and health in the latest globalisation processes, which have covered all spheres of political, economic, financial, social, geographical and cultural life and are becoming a basic factor of humanity on the planet. These processes set new trends in the ecological development of the state, redefine the problems of environmental security due to the changing nature of the challenges and threats facing humanity. The unfavourable state of the environment and the need to ensure environmental safety require the adoption of adequate legal, organisational and other measures. It is believed that in these conditions a human, his life and health should be at the centre of the mechanism of legal regulation of protection and defence, environmental safety, especially the establishment of the legal status of citizens affected by the negative consequences of environmental danger and guarantees of such citizens. The state has a number of obligations to human to create conditions for his “environmental comfort”. Such obligations should be reflected in the environmental legislation of the respective states. Recently, urban areas have been becoming threatening, the uncontrolled expansion of which inevitably leads to disruption of the normal functioning of the biogeotic cover of the planet, and consequently – a negative impact on health and life of mankind and especially that part of it living in large cities or other cities. It turns out that the general unfavourable state of the environment makes new demands on environmental security, which in the context of globalisation and internalisation of environmental problems is becoming a dominant factor in global security, as the environmental situation worsens, requiring effective policies to improve it.

scholarly journals Completion of Land Reform in Ukraine: Legal Issues

2020 ◽  
pp. 232-241
Author(s):  
Kulynych Pavlo
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Legal Protection ◽  
Legal Regulation ◽  
Land Market ◽  
Legal Environment ◽  
Negative Consequences ◽  
Reform Legislation ◽  
Land Owners ◽  
Land Relations

The article examines the purpose and criteria for completing land reform in Ukraine. Land reform in Ukraine as a system of land reform legislation in the country, along with positive results, led to the onset of a number of negative consequences, in particular, the excessive bureaucratization of land relations, land corruption, agroholdings agriculture, degradation of agricultural land. Therefore, without addressing the negative consequences of the land reform they will be after the cancellation of the land moratorium and the negative impact on the legal regulation of the land market. Therefore, the introduction of market circulation of agricultural land cannot be considered a criterion of completion of land reform in Ukraine. In fact, besides the cancellation of the land moratorium, which blocks the implementation of the land owners of such proprietary rights as the disposing of it to ensure the full potential of the right of private ownership of land should be improved and legal environment in which there will be implementation of the owners of his powers. To do this, it seems appropriate to continue to reform the land legislation, which would ensure the elimination of such disadvantages by overcoming derzhkomzviazku in the development of land legislation, deregulation of the legal regulation of land relations, the decentralization of power in the field of land resources management and strengthen the legal protection of soil fertility. The results of this land reform legislation needs to be fixed for the new codification. So domestic experience in the implementation of land reform and the General framework of land reform legislation give rise to the conclusion that its purpose and, therefore, the criterion to end is not only the introduction of agricultural land market and creation of favorable for both land owners and society legal environment of implementing powers in respect of possession, use and disposal of land. In our opinion, this understanding of the completion of the land reform in Ukraine and will symbolize the completion of the transition from administrative-planned methods of regulation of land relations on the principle of ”top – down”, which is dominated by the powers of bodies of state power, inherent in the constitutional state system of legal regulation of land relations, which is based on the priority of the rights and legitimate interests of individuals, the territorial communities and society, which must provide the state.

Development Prospects of Arctic Ecosystems Legal Protection

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Наталья Хлуденева ◽  
Natalya Khludeneva
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The Arctic ◽  
Arctic Ecosystems ◽  
Resource Potential ◽  
Ecological Development ◽  
Development Prospects

The article investigates ways and means of arctic ecosystems’ protection provided by the ecological legislation of Russia. In the opinion of the author of the article, reasonable legal regulation providing not only economic, but also ecological development of the Arctic is one of the most important conditions for expansion of ecologically safe use of the resource potential in this area. The article analyzes shortcomings of the Russian ecological legislation, and offers proposals for their elimination. The author also assesses the development prospects of Arctic ecosystems’ legal protection.

scholarly journals The Sustainability of Cruise Tourism Onshore: The Impact of Crowding on Visitors’ Satisfaction

2019 ◽  
Vol 11 (6) ◽  
pp. 1510 ◽  
Author(s):  
Silvia Sanz-Blas ◽  
Daniela Buzova ◽  
Walesska Schlesinger
Keyword(s):  
Online Reviews ◽  
Text Analytics ◽  
Negative Effects ◽  
High Satisfaction ◽  
Cruise Tourism ◽  
Negative Effect ◽  
Tourism Activity ◽  
The Impact ◽  
Human Crowding

The sustainability of cruise tourism has been questioned in relation to its negative effects on ports of call, among which crowding has recently become more pronounced. However, an understanding of how crowdedness influences cruise tourists’ experience onshore is lacking. The study analyzed online reviews on onshore experiences in the main European ports of call through Leximancer, an automated text analytics software. The results revealed that the perceived destination crowding was not always negatively evaluated by tourists, but was also discussed as a factor adding up to the authenticity of the visit under certain circumstances. Nevertheless, the evidence indicates that only human crowding might be positively assessed, while the spatial crowdedness was always reported as detracting from the enjoyment of the visit. The analysis also showed that the crowding phenomenon was represented differently in the accounts of the low, average and high satisfaction cruise tourists’ groups. The role of the guide, as well as the attractiveness of the sightseeing were identified as factors that can ameliorate the negative effect of crowding on the destination visit. The findings yield relevant implications for all actors involved in the cruise tourism activity, which should manage destination crowdedness in a more sustainably innovative way.

Legal regulation of cycle economic development and phases of cycles

2020 ◽  
Vol 61 (12) ◽  
pp. 174-178
Author(s):  
Javidan Baladayi Nazarov ◽  
Keyword(s):  
Economic Development ◽  
Financial Institutions ◽  
Government Regulation ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Negative Effects ◽  
Legal Norms ◽  
Regulatory Policies ◽  
The Subject ◽  
Fiscal And Monetary Policy

The subject of the article covers issues that have been relevant since the last century. The study of economic fluctuations, the study of their causes allows us to make proposals to eliminate its negative consequences. Frequent crises since the early twentieth century necessitate the expansion of research in this area. The peculiarities of cyclic phases require different approaches and problem-oriented regulatory policies. For this reason, it is necessary to pursue an adequate state policy. Normative legal acts, laws and decisions are the main tools of legal regulation. Steps are also being taken to reduce the negative effects of the cyclical phases used by the Central Bank and other banking and financial institutions Key words: crisis, economic development, cyclical phases, government regulation, legal norms, financial crisis, fiscal and monetary policy, legal regulation

Environmental Problems of International Legal Regulation of Transboundary Pollution

2021 ◽  
Vol 12 (2) ◽  
pp. 392
Author(s):  
Dauren BEKEZHANOV ◽  
Gulnurа KOPBASSAROVA ◽  
Ainur ZHUNISPAYEVA ◽  
Talgat URAZYMBETOV ◽  
Roza SEILKASSYMOVA
Keyword(s):  
Environmental Pollution ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Scientific Development ◽  
Negative Effects ◽  
Environmental Cooperation ◽  
Theoretical Concepts ◽  
The Republic

This article is a comprehensive study on problems of legal protection of the environment from transboundary environmental pollution in the Republic of Kazakhstan. The study of international and national legislation in the field of environmental protection from transboundary environmental pollution was carried out, ways to solve legal problems related to transboundary environmental pollution were studied and proposed, theoretical concepts and practical recommendations were developed to increase the effectiveness of current legislation and the activities of state bodies in the field of environmental protection environment from transboundary environmental pollution. The theoretical significance of the study is that it will contribute to the further scientific development of conceptual problems of environmental cooperation in the field of preventing and preventing the negative effects of transboundary environmental pollution. The research itself, as well as the results obtained, will contribute to the further development of the domestic environmental law science.

scholarly journals THE CROWN’S FIDUCIARY DUTIES TO ABORIGINAL PEOPLES AS AN ASPECT OF CLIMATE JUSTICE

2012 ◽  
Vol 30 (2) ◽  
pp. 289
Author(s):  
Erika Chamberlain
Keyword(s):  
Climate Change ◽  
Cultural Practices ◽  
Common Law ◽  
Aboriginal Peoples ◽  
The Arctic ◽  
Negative Effects ◽  
Arctic Environment ◽  
Droit International ◽  
Arctic Climate Change ◽  
Changements Climatiques

Rapid climate change in the arctic is threatening the life, health and cultural traditions of the Inuit. Although they are among the least responsible for climate change, they are suffering disproportionately from its negative effects. In particular, the inherent link between Inuit land and culture means that their traditional practices are being threatened along with the arctic environment. However, their efforts to obtain redress from those responsible for greenhouse gas emissions have so far been unsuccessful. Claims in common law public nuisance have been plagued by issues of standing, justiciability and causation, and claims at international law are difficult to prove and enforce. It seems that a different approach may be required.This article examines whether the Crown’s fiduciary obligation toward Canada’s Aboriginal peoples might provide a useful conceptual framework for addressing arctic climate change. Although this obligation is typically applied in situations involving Aboriginal lands or distinctive cultural practices, it can arguably be invoked to protect the traditional subsistence lifestyle of the Inuit. Both the fiduciary obligations and the honour of the Crown require a minimum level of consultation and accommodation where significant Aboriginal interests are threatened. This could translate into an obligation to, at least, assist the Inuit in adapting to the changing arctic environment and preserving cultural practices to the extent possible.Les changements climatiques rapides dans l’Arctique menacent la vie, la santé et les traditions culturelles des Inuits. Même s’ils sont parmi les peuples les moins responsables de ces changements climatiques, ils souffrent de façon disproportionnée des effets négatifs de ces changements. Tout particulièrement, comme la culture inuite est intrinsèquement liée à la terre, les pratiques traditionnelles inuites sont menacées en même temps que l’environnement arctique. Par ailleurs, les efforts des Inuits pour obtenir réparation de la part des responsables des émissions de gaz à effet de serre sont restés vains. Les demandes fondées sur la nuisance en common law se sont heurtées aux questions relatives à la qualité pour agir, à la justiciabilité et à la causalité; de plus, en droit international, il est difficile de prouver et de faire valoir des réclamations. Il semble clair qu’une approche différente s’impose.Le présent article examine si l’obligation fiduciale de l’État envers les peuples autochtones du Canada pourrait constituer un cadre juridique utile pour traiter des changements climatiques dans l’Arctique. Bien que cette obligation soit systématiquement reconnue dans les situations concernant des terres autochtones ou des pratiques culturelles distinctives, il est permis de penser qu’elle pourrait être invoquée pour protéger le mode de subsistance traditionnelle des Inuits. Tant les obligations fiduciales que l’honneur de la Couronne requièrent un degré minimal de consultation et d’accommodement lorsque des intérêts autochtones significatifs sont menacés. Cela pourrait se traduire par une obligation minimale d’aider les Inuits à s’adapter à l’environnement arctique changeant et à préserver leurs pratiques culturelles dans la mesure du possible.

scholarly journals Zakat Management Concept to Accelerate Health and Economic Recovery during the COVID-19 Pandemic

2021 ◽  
Vol 9 (E) ◽  
pp. 1213-1217
Author(s):  
Moch Chotib
Keyword(s):  
Qualitative Research ◽  
Legal Protection ◽  
Legal Regulation ◽  
Economic Recovery ◽  
Legal Certainty ◽  
Economic Sectors ◽  
Policy Theory ◽  
The People ◽  
Management Concept

BACKGROUND: The COVID-19 pandemic impacts the zakat management of zakat institutions. Zakat is an Islamic obligation to donate a portion of one’s wealth. This is because the income of the muzakki (the people who pay the zakat) decreased. The pandemic caused the decline of people’s income, thus increasing the number of mustahik (zakat recipients). This condition encourages the application of a zakat empowerment concept that aims to accelerate people’s economy. AIM: This paper aims analyze the zakat empowerment concept in the health and welfare aspects during the pandemic, to obtain legal protection based on the benefit (maslahah) and policy theories. METHODS: This qualitative research aims to focus on the zakat empowerment concept in the aspects of health and welfare during the pandemic. RESULTS: The zakat institutions may channel the zakat to the mustahik who are affected by the pandemic in the form of medicine, COVID-19 vaccines, and capitals to families whose breadwinners lost their jobs or died due to the pandemic. This qualitative research aims to analyze the zakat empowerment concept during the pandemic in the aspects of health and welfare and its legal protection based on benefit (maslahah) theory and the policy theory. According to the policy theory, the zakat empowerment concept in the health and economic sectors during the pandemic is according to Law No. 23 of 2011 on Zakat Management. CONCLUSION: According to the maslahah theory, it is categorized as a maslahah hajiyah from the basis of maslahah al-mursalah. However, to give legal certainty and legal protection, the zakat empowerment concept in the health and economic sectors during the pandemic should be validated in legal regulation.

scholarly journals The Role of Innovation Infrastructure Development Institutions in Ensuring Legal Protection and Commercialization of the Results of Intellectual Activity

2021 ◽  
Vol 16 (8) ◽  
pp. 72-79
Author(s):  
M. A. Egorova
Keyword(s):  
Innovation System ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Infrastructure Development ◽  
Business And Society ◽  
Business Incubators ◽  
Intellectual Activity ◽  
Innovation Infrastructure ◽  
Development Institutions

The forms of commercialization of innovations, due to their uniqueness, are quite diverse. The monetary method of maintaining competition is outdated. In this regard, legal instruments, institutional environment and institutions for the development of innovations—technoparks, technopolises, business incubators, scientific and technological centers—are being increasingly used. Such catalysts of knowledge and innovation consolidate the interests of the State, business and society. The paper examines the innovation infrastructure in the context of law, identifies the problems of commercialization of rights to the results of intellectual activity (RIA). The author carries out a sistematic analysis of the Russian regulatory framework for innovation, commercialization of innovation and RIA, and the legal framework for the activities of innovation development institutions. It is substantiated that the protection of the results of intellectual activity and the legislative consolidation of a set of measures for the protection of intellectual property represent the most important backbone elements of the national innovation system. When analyzing the legal framework for the creation of technology parks, business incubators and innovative scientific and technological centers, their significant participation in the commercialization of RIA was revealed. However, legal support for participants in innovative activities, entrepreneurs for state registration and protection of rights to RIA is carried out insufficiently and fragmentarily. The author examines the foreign experience of technoparks’ activities, their types and legal regulation.

SOME FACTORS OF COMMUNICATION TOURISM TYPES AFFECT THE TRADITIONAL CULTURE OF ETHNIC MINORITIES IN THE CENTRAL HIGHLANDS

2020 ◽  
Vol 9 (1) ◽  
Author(s):  
Nguyen Duy Dung
Keyword(s):  
Economic Development ◽  
Cultural Values ◽  
Ethnic Groups ◽  
Ethnic Minorities ◽  
Cultural Preservation ◽  
Economic Sectors ◽  
Community Tourism ◽  
Tourism Activity ◽  
Central Highlands ◽  
Practical Implications

The Central Highlands is an area with a large community of ethnic minorities to be living. In the process of integration into the world economy, community tourism are one of the economic sectors that are interested in developing in our country in general and the Central Highlands area in particular.Although the activity has not been long, but it can be said that tourism and community tourism are the basis and premise to contribute to the socio-economic development of the Central Highlands; contribute to restoring many traditional cultural values of ethnic groups. For a variety of subjective and objective reasons, tourism activity and community tourism have affected ethnic lifestyles, customs and culture in both positive and limited ways. This is an issue that needs to be considered for research, with practical implications for sustainable tourism activities to create momentum for economic development and cultural preservation of ethnic groups in the Central Highlands area in the period of accelerating industrialization, nationalization and international economic integration.

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