scholarly journals THE REDUCED NORMATIVE PROGRAMMING OF ENVIRONMENTAL PROTECTION LAWS IN BRAZIL AND THEIR POORLY ORGANIZED METHODICALLY INTERPRETATION

2020 ◽  
Vol 15 (3) ◽  
Author(s):  
Andreas J. Krell
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Legal Texts ◽  
Rational Argumentation ◽  
Conflicting Interests ◽  
The Individual

The article addresses an issue poorly discussed by the Brazilian Environmental Law, namely: its low legislation normative programming level. An analysis of legal texts about fields such as licensing shows that formal laws have only few rules that drive clear decisions about conflicts due to conflicting interests. Rules that open wide discretionary room for the interpretation/application of managerial and judicial bureaus often prevail. A documental, bibliographic and jurisprudential research will show that lack of minimum hermeneutical reasoning standard in doctrine and jurisprudence, whose content mostly depends on the individual convictions of public agents judging the claim, causes low decision predictability. The act of weighing the principles follows a rational argumentation line and impairs juridical safety. It would be useful and viable to revalorize classical elements of Law interpretation in combination with modern constitutional hermeneutical techniques in order to replace a complex “environmental hermeneutics”.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

scholarly journals Penerapan Asas In Dubio Pro Natura dan In Dubio Pro Reo oleh Hakim Perkara Lingkungan Hidup

2018 ◽  
Vol 20 (3) ◽  
pp. 547-560
Author(s):  
Wahyu Risaldi ◽  
Mujibussalim Mujibussalim ◽  
M. Gaussyah
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Damage ◽  
Criminal Cases ◽  
Environmental Crimes ◽  
Case Decisions

Penelitian ini ingin mengetahui kesesuaian penerapan asas asas in dubio pro natura dalam putusan perkara lingkungan hidup, dan kemungkinan penerapan asas in dubio pro natura perkara pidana lingkungan hidup. Penerapan asas ini penting karena kerusakan lingkungan hidup akan mengancam umat manusia, sehingga penegakan hukum lingkungan harus dilakukan penegak hukum. Melalui Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup, dikenal sistem penegakan melalui suatu asas yang diterapkan oleh hakim, yakni asas in dubio pro natura dan asas in dubio pro reo. Dengan menggunakan metode penelitian normatif, ditemukan bahwa penerapan asas in dubio pro natura dan in dubio pro reo sesuai dengan tujuan Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup. Di samping itu, asas in dubio pro natura bisa juga diterapkan dalam perkara pidana. Penerapan asas ini efektif dalam penyelesaikan perkara lingkungan hidup. Implementation of the In Dubio Pro Natura and In Dubio Pro Reo Principles by the Environmental Judges This study aims to find out the suitability application of in dubio pro natura principles in environmental case decisions, and also the possibility of applying it’s principle in environmental crimes. The implementation of this principle is important because environmental damage will threaten humanity, so the enforcement of environmental law must be carried out by law enforcers. Through Environmental Protection and Management Law, it is known as a system of enforcement through principles applied by judges, that are the in dubio pro natura and the in dubio pro reo principles. This is normative research, it was found that the implementation of the in dubio pro natura and in dubio pro reo principles was in accordance with the objectives of the Environmental Protection and Management Law. In addition, the in dubio pro natura principle can also be applied in criminal cases. The implementation of this principle is effective in resolving environmental cases.

scholarly journals CEOs And Managerialism, Success Trap, Blind Trust, And Global Mindset: Introducing The Individual Vigilance/Social Experimentation Framework

2011 ◽  
Vol 4 (12) ◽  
Author(s):  
Jacqueline Fendt
Keyword(s):  
Empirical Study ◽  
Chief Executive ◽  
Global Mindset ◽  
Ceo Leadership ◽  
External Stakeholders ◽  
Conflicting Interests ◽  
Social Experimentation ◽  
The Individual ◽  
And Coping

This ten-year empirical study explores the nature of Chief Executive (CEO) leadership and coping in post-merger situations. Executives’ need to manage multiple organizational realities and various groups of internal and external stakeholders, often representing conflicting interests, whereby four separate albeit interrelated concepts come into play, namely managerialism (vs. leadership), the liabilities of success (success trap), excess of trust (blind trust) and global mindset. The paper purports that these concepts can be understood as functions of the degree of individual vigilance and social experimentation that a leader applies to the task at hand and introduces the individual vigilance/social experimentation framework.

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

Administrative responsibility for offense in the field of environmental protection

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Kidalov Serhii ◽  
◽  
Snizhna Valeriia ◽  
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Environmental Law ◽  
Scientific Work ◽  
Legal Rights ◽  
Scientific Article ◽  
Negative Consequences ◽  
Nature Protection ◽  
Legal Mechanism ◽  
Administrative Responsibility

The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures

10. International environmental law

2021 ◽  
pp. 186-208
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

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