Journal articles on the topic 'Environmental and Natural Resources Law'
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1
Manik, Jeanne Darc Noviayanti, and Wirazilmustaan Wirazilmustaan. "LAW ENFORCEMENT ON ENVIRONMENTAL PROTECTION AND RESOURCE CONSERVATION." PROGRESIF: Jurnal Hukum 13, no. 1 (June 28, 2019): 41–56. http://dx.doi.org/10.33019/progresif.v13i1.1035.
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Conservation of natural resources is a natural resource management whose utilization is done wisely to ensure the continuity of its availability by maintaining and improving the quality of diversity and value. Conservation of natural resources and ecosystems aims to achieve the realization of the sustainability of natural resources and the equilibrium of the ecosystem so that it can better support the efforts to improve the community welfare and the quality of human life. The problem are the implementation of conservation of natural resources and its ecosystem in the region based on Act No. 5 of 1990 and law enforcement against perpetrators of the conservation of natural resources and ecosystems. The research method used is legal research using a statutory and conceptual approach. The conservation of natural resources and ecosystems is based on preserving the ability and utilization of natural resources and their ecosystem in a harmonious and balanced environment. The conservation of natural resources and ecosystems is conducted through the protection of life-supporting systems, preserving the diversity of plant and animal species along with its ecosystem and the sustainable utilization of natural resources and ecosystem.
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Luneva, Elena V. "The Concept and Place of the Law of Rational Use of Natural Resources in the Environmental Law System." Ecological law 6 (December 17, 2020): 35–42. http://dx.doi.org/10.18572/1812-3775-2020-6-35-42.
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It was revealed that rational use of natural resources can be considered both as one of the goals and as a principle of natural resource branches of law, and the right of rational use of natural resources — as a system of legal norms within the relevant branches of law, containing such a goal and (or) principle and implementing them. The concept of the law of rational use of natural resources in the objective sense is formulated. The classification of positions on the use of environmental, environmental and natural resource law is carried out, depending on which system of environmental legal norms is a broader or narrower formation, which of them is completely or partially absorbed by the other. The proposed classification allows us to show the influence of such approaches on the hierarchy of associations of environmental and legal norms (different names of the same subdivisions, their unequal composition, structure, etc.). The place of the law of rational use of natural resources in the system of environmental law has been determined. It is a larger legal entity than an institution, but it is not formed into a sub-sector either. The law of rational use of natural resources refers to the constituent norms of environmental law, which are modified and disclosed in legal institutions of both environmental law and individual natural resource branches of law.
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Adler, Robert. "Natural Resources and Natural Law Part II: The Public Trust Doctrine." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 225. http://dx.doi.org/10.36640/mjeal.10.1.natural.
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Natural Resources and Natural Law Part I: Prior Appropriation analyzed claims by some western ranchers, grounded in natural law, that they have property rights in grazing resources on federal public lands through prior appropriation. Those individuals advocated their position in part through civil disobedience and armed standoffs with federal officials. They also asserted that their duty to obey theistic natural law overrode any duty to obey the Nation’s positive law. Similar claims that individual religious beliefs override positive law have been made recently regarding a range of other controversial issues, such as same-sex marriage, public insurance for birth control, and the right to bear arms. Prior appropriation doctrine is consistent with secular natural law theory. Existing positive law, however, accepts prior appropriation for western water rights but rejects its application to grazing rights on federal public lands, for reasons consistent with secular natural law. Natural law doctrine allows citizens to advocate for change but requires them to respect the positive law of the societies in which they live. Separation of church and state also bars natural law claims based on religious doctrine unless those principles are also adopted in secular positive law. This sequel addresses claims from the opposite side of the political-environmental spectrum, that natural law provides one justification for the public trust doctrine, and that courts should enforce an atmospheric public trust to redress catastrophic global climate change. Although some religious groups have embraced environmental agendas supported by religious doctrine, public trust claims are secular in origin. Just as natural law provides support for prior appropriation, it supports the idea that some resources, such as water, wildlife, and air, should be held in common rather than made available for private ownership. From this perspective, the two doctrines merge into a single issue of resource allocation. Which resources are best made available for appropriation as private property, and which are best left in common? Natural law theory helps to explain the liberty and welfare goals that inform those choices. Positive law embraces the public trust doctrine with respect to some natural resources, and does not preclude its applicability to the atmosphere or other common resources.
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Kelly, Danial. "Natural Resources Law in Australia: Principles and Practices." Jambe Law Journal 1, no. 2 (July 12, 2019): 155–76. http://dx.doi.org/10.22437/jlj.1.2.155-176.
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What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
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Brinchuk, M. M. "NATURAL RENT AND OWNERSHIP OF EXTRACTED NATURAL RESOURCES (OIL, GAS, WOOD...)." Bulletin of Udmurt University. Series Economics and Law 32, no. 3 (May 31, 2022): 494–501. http://dx.doi.org/10.35634/2412-9593-2022-32-3-494-501.
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In the systemic, even civilizational aspect of the legal regulation of environmental relations with respect to extracted natural resources withdrawn from nature, the article in this part examines the prospects for the development of the doctrine of environmental and natural resource legislation and law, the formation and implementation of this legislation and law itself; improvement of the theory of ownership of natural resources, including ensuring the function of natural justice of property rights in this area. The study is based on the methodological basis that land and other natural resources are a national treasure. Extracted oil, gas, wood are preserved, and should retain this quality to be a national treasure. Unlike the civil law thing, the ownership of which has the labor nature of ownership, natural resources as part of nature, as well as extracted oil, gas, wood are not created by human labor. Nature gives everything to man, to society for free. Everything that nature gives for free expresses the essence of natural rent. The profit of a private entrepreneur obtained as a result of the exploitation of land, subsoil, water, forests, and other natural resources should, to an appropriate extent, exclude natural rents. Natural rent should belong to the people, the nation.
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Malysheva, Nataliia. "Environmental law and natural resource law: if “divorce” is relevante?" Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 334–45. http://dx.doi.org/10.33663/1563-3349-2022-33-334-345.
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The article examines the problems of the environmental law structural system. The urgency of this issue has increased signifi cantly due to the repeated attempts of some researchers to justify the need to separate from the environmental law of its natural resource unit and create a new branch of law, along with environmental law, the subject and scope of which will be signifi cantly narrowed. A brief historical digression into the study of the relevant issue in Ukrainian science over the past 60 years was made. The connection between the evolution of legal thought and the development of environmental legislation at diff erent stages is substantiated. The views of modern supporters of such a question are analyzed. Attention is focused on the signifi cant disagreements of researchers in understanding the subject and system of the proposed new branch of law: some of them suggest a separation of utilization, on the one hand, and protection, on the other; others are talking about the allocation in some areas of diff erentiated regulation of relations for the utilization and protection of certain natural resources while leaving in the fi eld of environmental law regulation of integrated environmental relations; from time to time there are other approaches that never completely coincide with each other, even among supporters of the independence of natural resource law. It is emphasized that such inconsistency of researchers’ opinion only delays the process of systematization of environmental legislation, which is long overdue, especially from the standpoint of law enforcement. The relationship between the system of law and the system of legislation is studied in the context of preparation for the systematization of environmental legislation. The conclusion is made about the need to preserve the unity of the branch of law that regulates relations in the system «man - nature». Key words: environmental law; natural resource law; branch of law; system of law; system of legislation; systematization of environmental legislation
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Ruaro, Renata, and Roger Paulo Mormul. "Anticipated changes to environmental law may jeopardize Brazilian natural resources." Frontiers in Ecology and the Environment 15, no. 2 (March 2017): 65–66. http://dx.doi.org/10.1002/fee.1461.
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Morriss, Andrew P. "POLITICS AND PROPERTY IN NATURAL RESOURCES." Social Philosophy and Policy 26, no. 2 (June 24, 2009): 53–94. http://dx.doi.org/10.1017/s0265052509090177.
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Modern discussions of natural resources focus on increasing public control over extractive industries proposing measures that range from increasing the public's share of the gain via royalties and taxes to regulating extractive activities to prevent environmental problems to outright expropriation of private investments. This article argues that such efforts are counterproductive because the fundamental economic problem of natural resources is producing the knowledge necessary to locate and extract resource deposits. The public benefit comes from enabling the use of the resources and the increased economic activity their discovery produces rather than from royalties or expropriation. The key question in designing natural resource laws is thus their effects on the incentive to discover and manage resources. Private property rights in natural resources are the best way to provide such incentives. Fortunately, the combination of property rights and tort law principles (trespass and nuisance) enables property rights to solve environmental problems related to natural resource extraction as well.
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Kennett, Steven A. "Law and process in environmental management, sixth CIRL conference on natural resources law." Land Use Policy 11, no. 1 (January 1994): 71–73. http://dx.doi.org/10.1016/0264-8377(94)90045-0.
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Smith, Don C. "Environmental courts and tribunals: changing environmental and natural resources law around the globe." Journal of Energy & Natural Resources Law 36, no. 2 (April 2018): 137–40. http://dx.doi.org/10.1080/02646811.2018.1446404.
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Боголюбов, Сергей, and Syergyey Bogolyubov. "Differentiation or contrast nature management and environmental protection." Advances in Law Studies 2, no. 6 (December 31, 2014): 237–41. http://dx.doi.org/10.12737/10423.
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Nature management and resources law (that are united by environmental law) form a comprehensive and integrated super-branch of Russian law and legislation. The regulation of organization of sustainable environmental management is inseparable from environmental regulation. Therefore their antagonistic opposition and baseless differentiation are inadmissible. The regulation of use of natural resources (natural resources law) constantly interacts with environmental regulation (environmental management law); the environmental law is intended not so much to differentiate these branches and sub-branches of environmental super-branch as to combine them. The environmental law should not be boundless, but it should have its own subject, methods, systems, affecting other social phenomena through their ecologization.
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Zhang, Yaoqi, and Yiqing Li. "Valuing or pricing natural and environmental resources?" Environmental Science & Policy 8, no. 2 (April 2005): 179–86. http://dx.doi.org/10.1016/j.envsci.2004.09.005.
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Schrijver, Nico J. "State Sovereignty in the Planetary Management of Natural Resources." Environmental Policy and Law 51, no. 1-2 (May 21, 2021): 13–20. http://dx.doi.org/10.3233/epl-219002.
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Protagonists of global environmental governance often view the sovereign State as well as the principle of sovereignty as major stumbling blocks for effective environmental conservation and sustainable development. Some even herald the demise of the idea of the sovereign State. However, reality has it differently. Sovereignty is no longer an unqualified concept. Manifold new duties have been imposed upon the sovereign State as a result of the progressive development of international law. Much of the modern international law movement vests States with the responsibility to adopt regulations, to monitor and secure compliance and exercise justice in order to achieve its implementation, whereas supranational global environmental governance has remained notoriously weak. This article examines this proposition by reference to the environmental and developmental role of states in three landmark multilateral treaties: The United Nations Law of the Sea Convention (1982), the Convention on the Conservation of Biological Diversity (1992) and the Paris Agreement on climate change (2015). They demonstrate that sovereignty serves as a key organisational principle for the realization of global values, such as environmental conservation and sustainable development.
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Жариков, Юрий, and Yuriy Zharikov. "Environmental Priorities in the Natural Resourses Law." Journal of Russian Law 3, no. 2 (February 4, 2015): 0. http://dx.doi.org/10.12737/7539.
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Definition of environmental priority is revealed, essence of environmental priority principle and its economic action are examined, issues of application of civil legislation in regulation of land and other natural resource relationships are discussed, legislation gaps in the sphere of environmental informatization of society are revealed as well. Foreign practice of environmental informatization of society concerning environmental projects is given, as well as examples of strong and weak environmental legal decisions, difficult debatable issues of environmental and natural resource law are discussed.
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Vickers, Ros. "The Regulation of Natural Resources Law in Australia for Indigenous People." Jambe Law Journal 2, no. 2 (January 28, 2020): 99–117. http://dx.doi.org/10.22437/jlj.2.2.99-117.
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Natural resources law in Australia seeks to regulate, protect and conserve natural resources, while providing consideration to the economic value of projects and permit activities to occur. The same environmental laws apply to indigenous peoples as well as other members of the public in Australia. However the recognition of native title rights and sacred sites through legislation can acknowledge the special relationship that indigenous people have with the environment through traditional laws and customs. Indigenous people have a special relationship with their environment that does not easily fall within categories of western values of the environment, and for this reason there is often tension between the common law legal system and indigenous people. While there has been significant process working towards a more harmonious regulatory system of natural resources, there is still work to be done. This paper will outline the structure of indigenous rights impacting natural resource regulation in Australia, focusing on the Northern Territory, and will examine the origins of environmental law and indigenous rights
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Reinharz, Eli, Robin Rorick, Dale Young, and Lisa Pelstring. "COOPERATIVE NATURAL RESOURCES DAMAGE ASSESSMENT AND RESTORATION WORKSHOP: WORKING TOGETHER TO RESTORE INJURED NATURAL RESOURCES." International Oil Spill Conference Proceedings 2005, no. 1 (May 1, 2005): 89–93. http://dx.doi.org/10.7901/2169-3358-2005-1-89.
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ABSTRACT When natural resources and their services are injured by hazardous substances or oil, how can affected stakeholders expeditiously and effectively restore these resources and services? How can the damage assessment and restoration process be streamlined? What does it take to bring affected interests to the table—and keep them at the table—to resolve liabilities and ensure development of a common restoration vision? These questions and more were the focus of a workshop on Cooperative Natural Resource Damage Assessment and Restoration held on June 9 and 10, 2004, in San Diego, California. The workshop included participants from federal and state government, industry, American Indian tribes, and environmental groups. Workshop planners included the National Oceanic and Atmospheric Administration, the U.S. Department of the Interior, the Association of State and Territorial Solid Waste Management Officials, the American Petroleum Institute American Chemistry Council, the Environmental Law Institute, the Center for Public Environmental Oversight, and Scenic Hudson. This paper and presentation presents innovative and creative ideas and solutions discussed at the workshop that may serve to facilitate and further promote the cooperative damage assessment process.
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Astriani, Nadia. "PENGARUH ALIRAN HUKUM ALAM DALAM PENGELOLAAN SUMBER DAYA AIR DI INDONESIA." Jurnal Poros Hukum Padjadjaran 2, no. 1 (November 30, 2020): 179–97. http://dx.doi.org/10.23920/jphp.v2i1.333.
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ABSTRAK
Pengelolaan sumber daya air harus memperhatikan hubungan antara manusia dengan lingkungannya. Manusia dan lingkungan memiliki hubungan yang universal dan abadi, dimana satu sama lain akan saling mempengaruhi. Hukum yang universal dan abadi hanya ditemukan dalam Aliran Hukum Alam. Berdasarkan hal tersebut, artikel ini akan menitikberatkan pada perkembangan aliran hukum alam dan pengaruhnya dalam hukum lingkungan dan pengelolaan sumber daya air di Indonesia. Penelitian dilakukan dengan mengkaji teori-teori hukum alam dan melihat penerapan teori ini dalam sistem hukum Indonesia yang mengatur mengenai pengelolaan sumber daya air. Hasil penelitian menunjukkan bahwa prinsip Keadilan yang sangat menonjol dalam Hukum Lingkungan menunjukkan pengaruh dari aliran Hukum Alam, dan menjadi dasar bagi pengelolaan lingkungan di Indonesia. Prinsip keadilan, keberlanjutan dan efisiensi yang menjadi dasar pengelolaan sumber daya air dan posisi air yang secara kodrati adalah hak asasi manusia juga menguatkan pengaruh aliran hukum alam. Aliran Hukum Alam hanyalah satu dari aliran yang mempengaruhi pengelolaan lingkungan dan sumber daya alam. Sehingga perlu juga mempelajari pengaruh aliran dan teori hukum di luar aliran Hukum Alam untuk memperkaya pemahaman hukum lingkungan dan hukum sumber daya alam.
Kata kunci: sumber daya air; hukum alam; hukum lingkungan.
ABSTRACT
Water resource management should heed of humans and environment relation. Human and environment had an eternal and universal relation, so they will always influence each other. The eternal and universal of law only can find Natural Law 's theory. Based on that, this article will focus on development of natural law's theory and their impact on environmental law esspecially for water resources management in Indonesia. The research was conducted by examining natural law theories and seeing the application of this theory in the Indonesian legal system governing water resources management. The research showed that the principle of Justice which is very prominent in Environmental Law had big influence by Natural Law, and it becomes basis on environmental management in Indonesia. The principle of justice, sustainable and efficiency was the basis for management of water resources and considered of the water position was part of human rights, it conclude that natural law make big influence to environmental law it self. Bassically the Natural Law's theory was not the only one that affected environment and natural resources management. So, it is also necessary to study the influence of another legal philosophy and theories outside the natural law to enrich understanding of environmental law and natural resource law.
Keywords: environmental law; natural law; water resource management.
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Et.al, Agus Lanini. "The Effectiveness of Customary Law to Protect Natural Resources in The National Park in Central Sulawesi." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 10, 2021): 1191–99. http://dx.doi.org/10.17762/turcomat.v12i3.867.
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Most of the local communities living around the forest fulfil their daily needs, depending on the forest resources, but the government and even global policy have enacted the forest as a protected area or national park. The purpose of this research is to understand and explain the principles of customary law concerning the natural resources that exist in the national park, and to determine the effectiveness of customary law in protecting these natural resources. The research method applied to explore community values and attitudes is socio-legal. The research revealed society's habits through exploration, and norms and the rule of law are embraced. Some principles of customary law on natural resources include palia (taboo) and ombo (prohibition) pertinent to natural resource conservation. Both of these principles are adhered to and have been hereditary. The values on utilising natural resources are still complied with (effective), although state law takes a formal approach for any infringement surrounding the national park. However, customary law principles still always need to be a source for environmental or related law.
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Vinokurova, Anastasia E. "UNDERSTANDING AND CORRELATION OF THE TERMS «ENERGY RESOURCES», «NATURAL RESOURCES», «MINERAL RESOURCES» AND «MINERALS» IN NATIONAL AND FOREIGN LAW." SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no. 1-2 (2020): 261–73. http://dx.doi.org/10.26653/2076-4650-2020-1-2-21.
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The article examines the correlation between the terms «energy resources», «natural resources», «mineral resources» and «minerals» in Russian and foreign law. The importance of distinguishing the concepts of «energy resources» and «natural resources» is emphasized. Their legal regulation in fuel and energy complex has a comprehensive nature as it shall be executed in compliance with the legal provisions of environmental, energy and other related legislation. It turns out that there is no clear answer to the objective question whether certain «energy resources» can be classified as «natural resources» in the legislation of the Russian Federation. In this regard, the issue of determining the legal status of energy resources arises. To address the problem, in legal doctrine the pattern was identified. In accordance with it, it is necessary to confirm the fact of anthropogenic impact on a natural resource aiming at considering that resource as an energy resource. This means natural resources used as energy sources for economic activities by industry entities are converted into energy resources (energy carriers or certain types of energy) as a result of their implementation. It is noted that in this process, the removal of natural resources from the natural environment can be carried out or not. The article presents the norms of the Constitution of the Russian Federation and Federal Russian legislation, which apply and, in some cases, give the meaning of the terms «energy resources», «natural resources», «mineral resources» and «minerals». With a view to improving the Russian legislation, the author proposes to eliminate the existing legal uncertainty by applying such legal techniques as concretization and definition as follows: distinguish between the concepts of «natural resources» and «energy resources», adding the words «non-energy» or «energy» to the concept of «natural resources». This approach is completely new for Russian legal science, since it is borrowed from foreign law.
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Luneva, E. V. "CATEGORY OF “ECOLOGICAL LOSSES” IN ENVIRONMENTAL AND LEGAL REALITY AND ITS IMPORTANCE FOR ENSURING RATIONAL NATURAL RESOURCES MANAGEMENT." Lex Russica, no. 12 (January 4, 2020): 41–55. http://dx.doi.org/10.17803/1729-5920.2019.157.12.041-055.
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The paper has demonstrated that term “environmental losses” not existing in the legislation is often applied in the theory of environmental law and in law enforcement. In doctrinal sources, legal stances of higher courts, specific court decisions, “environmental losses” are used in a narrow sense. Environmental losses are associated solely with unlawful actions causing or allegedly causing harm to the environment. The paper contains the author’s definition of “environmental losses” in a broader ecological and legal contexts. The author suggests that environmental losses mean irrecoverable or long-term recoverable losses of individual components of the natural environment, natural and natural-anthropogenic objects, as well as violation of direct and reverse links between the elements of an ecological system emerging as the result of both unlawful and lawful actions of natural users or events of natural origin. A broader understanding of “environmental losses” is relevant to the environmental legal regulation of legal liability or economic regulation in the field of environmental protection. Environmental losses are classified according to the nature of the loss of a natural resource potential (absolute and relative) depending on renewability of natural resources (arising from the use of non-renewable natural resources, the long-term restoration of renewable natural resources, and the depletion of renewable natural resources). The paper has proven the importance of differentiation of environmental losses to separate rational nature management from other types of nature management and its effective legal support.
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Narzullaev, Olim. "Socio-Economic Importance Of Biological Resources And Its Role In The Field Of Law." American Journal of Interdisciplinary Innovations and Research 03, no. 03 (March 17, 2021): 16–24. http://dx.doi.org/10.37547/tajiir/volume03issue03-03.
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Preservation of the natural environment in the coming decades is one of the universal human values as a necessary condition for the survival of life on Earth. But the process of realizing this is very slow. Protection of the environment, rational use of natural resources, ensuring the environmental safety of the population is one of the main directions of state environmental policy. The role and importance of the legal framework in regulating the complex environmental legal relations that arise in this process is enormous. In today’s world, the value of biological resources increases significantly. Biofuels, including population growth, climate change, plants and wildlife, have become widespread. However, a vulnerable living being is particularly sensitive to the effects of environmental factors and requires special measures to protect it.
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Ajide, Kazeem Bello, and Olorunfemi Yasiru Alimi. "Environmental impact of natural resources on terrorism in Africa." Resources Policy 73 (October 2021): 102133. http://dx.doi.org/10.1016/j.resourpol.2021.102133.
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Meng, Dong, Nadeem Iqbal, and Shaodong Zhao. "Natural resources environmental quality and economic development: Fresh analysis." Resources Policy 79 (December 2022): 102948. http://dx.doi.org/10.1016/j.resourpol.2022.102948.
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Andriansyah, Andriansyah, Endang Sulastri, and Evi Satispi. "Role of Government Policies in Environmental Management." Research Horizon 1, no. 3 (June 28, 2021): 86–93. http://dx.doi.org/10.54518/rh.1.3.2021.86-93.
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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.
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Cretu, Andrian. "PECULIARITY OF THE LEGAL RELATIONSHIP OF ENVIRONMENTAL LAW." National Law Journal, no. 1(243) (July 2021): 88–97. http://dx.doi.org/10.52388/1811-0770.2021.1(243).08.
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The possibilities of man to turn natural resources into sources of profit have led the legislator and the right, in general, to resort to much tougher regulations in the field of environmental protection, this could not be possible without knowing precisely the nature of the legal relationship that would lay the basis for subsequent regulations, and in the doctrinal plan it and today suffers from numerous criticisms, debates and controversies. However, one thing is for certain, the relationship of the environment is one of the particular, double-side, where, on the one hand, it regulates the relations between people are established on the occasion of the use, protection, conservation and development, environmental factors, and by the other hand, it requires the modeling of the principles of the other areas of the law with which they come in contact with, and this is asked for a better connectivity and efficiency in the plan for the defense of the values of the environment, the most valuable in the world is on the verge of collapse, natural. In this sense, the realities of today show that the twentieth century is the time of the greatest discoveries and transformations of civilization, but also the most complex and sometimes unintended effects on life. Not long ago, renewable natural resources of the Earth, would be sufficient for the needs of humanity, but for now, as a result of the population explosion, and the unprecedented development of all areas of the business, the demand for raw materials and energy for the production of goods has increased greatly, and the intensive exploitation of natural resources show more obviously, an ecological imbalance. In the context of large-scale changes that can jeopardize the quality of the environment, it is necessary to consider the intentions underlying the exploitation of environmental resources, emerging from the alarming situation that can no longer be tolerated, risking the survival and existence of the human species.
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Paterson, Alexander. "Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018." South African Journal of Environmental Law and Policy 26 (2020): 134–60. http://dx.doi.org/10.47348/sajelp/v26/a5.
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The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to natural resources may arise, as evidenced in the case of Mr Gongqose, who along with several other community members were caught fishing in the Dwesa-Cwebe Marine Protected Area situated off the Eastern Cape coastline. Notwithstanding their claims to be exercising their customary rights to fish in the area, they were convicted in the Magistrate’s Court for certain offences in terms of the Marine Living Resources Act (1998), under which the marine protected area had been established. Their appeal to the High Court proved unsuccessful and the Supreme Court of Appeal was tasked with considering the relationship between their customary rights to fish and legislation purportedly extinguishing these rights. The SCA’s judgment in Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (2018) is the first of its kind in South Africa to consider the extinguishment of customary rights to access and use natural resources through post-constitutional legislation. This note critically considers the guidance the SCA provided on proving the existence of customary rights to access and use natural resources, and the manner in which they may be extinguished through legislation. While the focus is on marine living resources, the lessons emerging from this case are relevant to other natural resource sectors.
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Sushkova, Yulia N. "Common Law Principles of Environmental Protection of the Mordovians." Legal education and science 10 (October 8, 2020): 21–27. http://dx.doi.org/10.18572/1813-1190-2020-10-21-27.
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Purpose. The author examines the essence of the fundamental customary legal principles of nature protection in the traditional legal culture of the Mordovian people, because each nation, including the Mordovians, had a kind of unwritten environmental code, which usually prescribed a careful attitude to nature, environmental resources, allowed to take only as much as was necessary for a person to live, etc. Methodology: the article is written using a legal-anthropological approach to understanding the basic principles of customary law in the field of environmental relations. The author used the historical-legal method of scientific knowledge, as well as analysis and synthesis. Conclusions. Customary law recorded historically established and sustainable ways of using objects of the animal and plant world and other natural resources that ensure inexhaustible use of natural resources. The main object of nature management was considered land and, accordingly, the most important direction of traditional management — agriculture. Traditional customary views on public property “gifts of nature”, the equal distribution of natural resources in terms of socio-economic transformation and development of the official legislation of the Russian state lost its primary importance, but their nature as a key started people’s sense of justice still retains a lot of potential. Scientific and practical significance. The study of customary law and its individual branches allows us to identify the fundamental principles of traditional legal culture, which have not lost their significance to this day. Understanding the depth of legal views of a particular ethnic group can help improve the domestic legal system.
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Chalecki, Elizabeth L. "A New Vigilance: Identifying and Reducing the Risks of Environmental Terrorism." Global Environmental Politics 2, no. 1 (February 1, 2002): 46–64. http://dx.doi.org/10.1162/152638002317261463.
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Terrorism is a constant and fearful phenomenon, as America has learned to its recent and terrible cost, and like the nine-headed hydra of ancient mythology, as soon as one group or method is terminated, more spring up to take its place. Environmental terrorism adds a new dimension to this phenomenon, identifying the target as a natural resource or environmental feature. At a time when populations all over the world are increasing, the existing resource base is being stretched to provide for more people, and is being consumed at a faster rate. As the value and vulnerability ofthese resources increases, so does their attractive ness as terrorist targets. History shows that access to resources has been a proximate cause of conflict, resources have been both tools and targets of conflict, and environmental degradation and disparity in the distribution of resources can cause major political controversy, tension, and violence. The purposeful destruction of a natural resource can now cause more deaths, property damage, political chaos, and other adverse effects than it would have in any previous decade. The choice of environmental resources as targets or tools ofterrorism is consistent with both the increasing lethality ofterrorism and the growing envi ronmental awareness on the part of the public.
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Fitriah, Nikmah. "LEGAL PRINCIPLES OF THE UTILIZATION OF NATURAL RESOURCES." Jurnal Wasaka Critical Law Review 1, no. 1 (September 2, 2020): 79–98. http://dx.doi.org/10.48171/jwh.v1i1.22.
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This study aims to discover the principles of law in the use of natural resources. Pemanfaatan natural resources for the development and preservation of environmental functions must not be contradictory and mutual sacrifice, even the two should be mutually supportive and running parallel.
The research method used is Normative or Doctrinal Law research, namely research on Legal Principles, Concepts, and Implementation in society. The type of pure legal research is research based on the view that law is a positive norm in the national legal system of legislation. Oriented in a positivistic understanding with a doctrinal method, a statute approach, a conceptual approach.
The findings of this study are that the characteristics of laws and regulations that regulate the use of natural resources already contain the principles of sustainable development. Characteristics of statutory regulations governing the use of natural resources in the future in order to guarantee the value of certainty, the value of justice, and the value of the benefit in regulating the use of natural resources according to their
function.
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Bodansky, Daniel, and John H. Knox. "Natural Resources Defense Council v. Environmental Protection Agency. 464 F.3d 1." American Journal of International Law 101, no. 2 (April 2007): 471–77. http://dx.doi.org/10.1017/s0002930000030207.
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Natural Resources Defense Council v. Environmental Protection Agency. 464 F.3d 1.United States Court of Appeals for the District of Columbia Circuit, August 29, 2006.In Natural Resources Defense Councilv. Environmental Protection Agency, the U.S. Court of Appeals for the District of Columbia Circuit held that certain decisions of the parties acting under the international legal regime to protect the ozone layer are not “law” with which EPA must comply under the Clean Air Act. In dicta, the court suggested that holding the decisions to be “‘law’ would raise serious constitutional questions in light of the nondelegation doctrine, numerous constitutional procedural requirements for making law, and the separation of powers” (p. 9).The purpose of the international ozone regime—in particular, the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances That Deplete the Ozone Layer—is to protect stratospheric ozone, which intercepts harmful ultraviolet radiation from the sun. Unlike oxygen (O2), ozone (O3) is unstable: when a chlorine or bromine compound reaches the stratosphere, it sets off chemical chain reactions that destroy thousands of ozone molecules. As industrial production of such compounds has increased, stratospheric ozone has been depleted, allowing more ultraviolet radiation to reach the Earth, where it causes skin cancer and cataracts, reduces agricultural productivity, and harms the environment. The ozone regime reduces ozone-depleting substances (ODS) in the stratosphere by phasing out their production.
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Prasad, DeepaliAmb, and Sanjay Prasad. "INTERNATIONAL ENVIRONMENTAL LAW AND CONSERVATION SCIENCE." International Journal of Research -GRANTHAALAYAH 3, no. 9SE (September 30, 2015): 1–5. http://dx.doi.org/10.29121/granthaalayah.v3.i9se.2015.3118.
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This paper work on international law the body of international law regulating human interaction with the natural world, little of the governance of natural resources, for example, is ‘environmental’. Subsisting at the periphery, environmental law focuses on conserving particular species and ‘ecosystems’, and curbing certain kinds of pollution. Its principles are vague, peppering the margins of rulings within other judicial. The existing methods are slow, cumbersome, expensive, uncoordinated and uncertain. Something better must be found if the environmental challenges the world faces are to be dealt with successfully. Unless we devise a better way to make international law for the environment, future progress is likely to be piecemeal, fitful, unsystematic and even random. The justification for taking bold steps now rests on analysis of three factors: the formidable nature of the environmental issues that must be dealt with; the condition of international organization relating to the environment, particularly the United Nations system; and the methods currently used to make international environmental law. In this paper, we suggest that international environmental laws are due to two competing heritages. The ‘natural world as sacred, inviolable, and redemptive.
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Malaviya Shodharti, Badrilal. "ENVIRONMENTAL PROTECTION AND INTERNATIONAL LAW." International Journal of Research -GRANTHAALAYAH 3, no. 9SE (September 30, 2015): 1–2. http://dx.doi.org/10.29121/granthaalayah.v3.i9se.2015.3286.
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In order to increase the maximum of its amenities, it is subject to the materialistic earth that the taunting of the environment is decreasing in the speed at which the indiscriminate exploitation of natural resources is being done. The natural environment, the giver of life-giving elements, has reached a critical stage today due to excessive sedation, unlimited quantities of dirty and excreted substances. This has caused a crisis not only on human things but on the whole earth. Therefore, preserving the environment and controlling pollution has become a widespread responsibility of the country.
भोतिकवादी पृवत्ति के वशीभूत हो इसांन अपनी सुख सुविधाओं में अधिकाधिक वृद्वि करने के उददेश्य से प्राकृतिक संपदाओ का अविवेक पूर्ण दोहन जिस गति से कर रहा है, उसमें पर्यावरण का ताना बाना चरमरा रहा है । जीवन दायी तत्वों का दाता प्राकृतिक पर्यावरण आज अत्यधिक देाहन, असीमित मात्रा में निकलते गंदे और उत्सर्जित पदार्थो के कारण संकटमय स्थिति में पहुंच गया है । इससे न सिर्फ मानव वस्तु अपितु संपूर्ण पृथ्वी पर संकट छाया हुआ है । इसलिये पर्यावरण को संरक्षित करना एवं प्रदुषण को नियंत्रित करना देश की एक व्यापक जिम्मेदारी बन गई है।
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Stefaniuk, Małgorzata. "Świadomość ekologiczna społeczeństwa polskiego w zakresie zasobów naturalnych i ich ochrony (przegląd badań)." Studia Iuridica Lublinensia 30, no. 2 (June 30, 2021): 357. http://dx.doi.org/10.17951/sil.2021.30.2.357-379.
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<p>The article comprises an analysis of public opinion surveys concerning the environmental awareness in Polish society concerning natural resources and their protection, which issue has not been presented to date comprehensively in the literature on the subject. To this end, i.e. to present the degree of this awareness, the results of opinion surveys on the following topics have been presented and analysed: environmental protection as a social problem and the sources of knowledge on this subject, climate change, natural resources as sources of energy, attitude to the nuclear power plant construction, and air quality. The study has been based on representative surveys carried out by public opinion polling centres. The above-mentioned analysis has been preceded by terminological findings on such terms as “environmental security”, “natural resources”, “environmental awareness” and “public opinion”, with a proposal for a new definition of environmental awareness, referring to elements of legal awareness. It has been assumed that the knowledge of the degree of public awareness is useful in designing legal solutions conducive to environmentally sound behaviour and in taking decisions on a gradual increase in the extent to which public participation in natural resource management is allowed. The research hypothesis that awareness of natural resources among the Polish population is not optimal but is gradually increasing was confirmed. It has been pointed out that legal measures to promote environmental measures need to be complemented and strengthened by instructional and educational measures.</p>
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Morton, Huon, Etti Winter, and Ulrike Grote. "Assessing natural resource management through integrated environmental and social-economic accounting." Journal of Environment & Development 25, no. 4 (September 21, 2016): 396–425. http://dx.doi.org/10.1177/1070496516664385.
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Local natural resource management in its diverse manifestations holds core to its principles that the marginal and vulnerable households are empowered to manage valuable natural resources to improve social and economic equality and conserve biodiversity. Yet studies aiming to identify the impacts often show inconsistent results. Through constructing an integrated Environmental and Social Accounting Matrix (ESAM), we aim to assess how natural resources are used in different sectors and by different livelihoods, thus delivering different direct and indirect benefits to the community. The study was conducted in Namibia’s Sikunga Conservancy, which manages wildlife and fish resources in the Zambezi region. Our village-level ESAM shows an economic structure that strongly disadvantages remote households and identifies a small sector of the economy that benefits significantly from the use of natural resources. The ESAM approach is able to isolate undesirable socioeconomic developments such as unequal benefit sharing, which hinders community development.
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Irwansyah, Irwansyah. "RESEARCH-BASED ENVIRONMENTAL LAW: THE DEBATE BETWEEN ECOLOGY VERSUS DEVELOPMENT." Sriwijaya Law Review 1, no. 1 (January 30, 2017): 044. http://dx.doi.org/10.28946/slrev.vol1.iss1.8.pp044-066.
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Nowadays, economic growth continues to be driven not followed by equity and justice compliance.Cases of natural resources looting, pollution and environmental destruction, forest fires and illegal mining, as well as the neglect of the rights of indigenous peoples, into a series of major issues and need study are not limited to mono-discipline approach. A research in the field of management and protection of natural resources and environment are more important to be used as a basic study was a paradigm shift from all stakeholders and policy-makers to synergize the importance of ecological with various dimensions. To realize the balance of ecological and development (economic) interests, have been used a wide variety of approach to environmental management in Indonesia, includes, command and control, self-regulation, voluntarism, education and information instruments, and economic instruments. As it turns out in practice, however it needed more consistent policies in applying the principles of sustainable development for the control and utilization of environmental resources.
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Sander, Klas, Julian Lee, Valerie Hickey, Victor Bundi Mosoti, John Virdin, and William B. Magrath. "Conceptualizing maritime environmental and natural resources law enforcement – The case of illegal fishing." Environmental Development 11 (July 2014): 112–22. http://dx.doi.org/10.1016/j.envdev.2013.08.002.
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VIVCHARENKO, Oleh A., Galyna V. MOROZ, and Nataliya V. KOKHAN. "Law Enforcement Issues in Natural Resource Legislation." Journal of Environmental Management and Tourism 10, no. 7 (January 26, 2020): 1559. http://dx.doi.org/10.14505//jemt.10.7(39).13.
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Natural resource legislation is determined by the fact that for its full functioning it is necessary to create an integrated system of legal measures. The relevance of the work is determined by the fact that the use of the environment is currently being considered in an industry context and there is no synergistic assessment of the balance between the legal assessment of environmental impact and the structural content of the natural resource legislation industry. The novelty of the study is determined by the fact that for the first time in the article the current complex of natural resource legislation is considered, which studies the environment not as a complex of differentiated industries, but as a single environment in which the interaction between man and nature takes place. The authors of the article determine the possibility and necessity of a unified regulation of environmental management and the formation of an integrated national system of not only natural resource, but also environmental legislation. The practical application of the study is possible in the development of economic methods and measures for environmental protection, which will take into account the possibilities of environmental compensation
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Grinlinton, David. "The Continuing Relevance of Common Law Property Rights and Remedies in Addressing Environmental Challenges." McGill Law Journal 62, no. 3 (January 5, 2018): 633–86. http://dx.doi.org/10.7202/1042771ar.
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Environmental protection and natural resources management is today dominated by legislative measures and administrative procedures. Enforcement and penalty regimes for environmental damage and the management of natural resources are all highly regulated. Nevertheless, there remains the oft-neglected realm of common law rules and procedures available to individuals and public interest groups, and indeed government, as alternate or supplementary mechanisms to enforce rights and obligations, to guide the implementation and interpretation of environmental regulation, and to provide new avenues for addressing environmental challenges. The common law, particularly in the areas of tort and property, has demonstrated remarkable adaptability in addressing novel environmental threats and in innovating to protect environmental values and incentivize ecologically-sustainable development of natural resources. This article is intended to provide a review of the historical and current contribution of the common law, focusing particularly on property law concepts and property-related torts, and to explore the future potential of those mechanisms in contributing to environmental protection and environmentally-sustainable development. The article draws on cases and developments in a number of similar common law jurisdictions, including Canada, the United Kingdom, the United States, Australia, and New Zealand.
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Izac, A‐M N. "Australian natural resources law and the Gordon‐Franklin dam controversy: a resource economic analysis." International Journal of Environmental Studies 30, no. 2-3 (December 1987): 113–23. http://dx.doi.org/10.1080/00207238708710386.
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Bulgakova, M. A. "Protection of natural ecosystems using forest resources." IOP Conference Series: Earth and Environmental Science 981, no. 3 (February 1, 2022): 032073. http://dx.doi.org/10.1088/1755-1315/981/3/032073.
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Abstract The modern conditions for the transformation of the national economy under the influence of the development of a green economy and digitalization create conditions for strengthening the impact of the existing ones and creating new threats to the environmental, economic and social security of the state. Global climate change and the adoption of public policies for the development of sustainable and balanced use of natural resources dictate the need to develop modern ways to improve the activities of law enforcement agencies to ensure the protection and protection of the natural ecosystems of the Russian Federation. The purpose of this study is to study the activities of the internal affairs bodies to ensure the environmental and economic security of the forest complex of Russia. During the study, the following methods were used: structural-logical analysis, non-participatory observation, methods of statistical grouping. As a result of the study, the author analyzed the dynamics of various indicators and individual measures that reflect the effectiveness of the internal affairs bodies in protecting and protecting forests. The proposed mechanism for countering threats to the environmental and economic security of forestry and industry by internal affairs bodies is comprehensive and practical. The use of the proposed tool will increase the effectiveness of public authorities in maintaining economic security and preserving forests as a natural resource.
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Parera, Zegovia, Salvadoris Pieter, and Rudini Hasyim Rado. "Conflict prevention mechanisms and legal consequences utilization of natural resources with environmental impact analysis." IOP Conference Series: Earth and Environmental Science 1107, no. 1 (December 1, 2022): 012062. http://dx.doi.org/10.1088/1755-1315/1107/1/012062.
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Abstract One of the economic sector activities that start from the type of biological natural resources is the livestock sector by utilizing several biotic natural resources, namely animals. The livestock business itself is considered one of the bright prospects and is one of the businesses that has been regulated by the government through Law no. 41 of 2014 concerning Livestock and Animal Health and maintaining environmental pollution has been regulated in Law no. 32 of 2009 concerning Environmental Protection and Management with the main objective of implementing environmentally sound development and controlling the wise use of natural resources. This study was conducted to analyse the environmental review of the chicken farming business in Merauke Regency from the environmental aspect and analyse the legal consequences arising from the negligence of the chicken farming business. From the results of the study, it can be concluded that the chicken farming business that was founded in addition to its purpose to gain profit or profit, should also maintain environmental sustainability by minimizing the generation of waste and must follow good livestock cultivation procedures without disturbing public order in accordance with the guidelines provided set by law. The legal consequences of negative impacts that are not in accordance with applicable regulations are administrative sanctions in the form of verbal warnings, which are then followed by written warnings and closure of the poultry business premises. This administrative sanction is carried out in accordance with the legal basis stated in Law no. 41 of 2014 concerning Livestock and Animal Health and Law No. 32 of 2009 concerning Environmental Protection and Management.
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Squires, Victor, and Haiying Feng. "Socioenvironmental Pathways to Conservation of Natural Resources & Environmental Betterment." Advances in Social Sciences Research Journal 9, no. 8 (September 3, 2022): 553–60. http://dx.doi.org/10.14738/assrj.98.12991.
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This is an analysis of past and on-going ‘land and people’ management issues in China’s extensive rural areas. Both authors draw on more than 20 years’ experience derived from working in China’s arid northwest and on the ‘roof of the world” on the Qinghai-Tibetan Plateau (QTP). Worldwide, communities of people have adapted to hot and dry, cold and arid and hot and humid environments. They have shown their adaptability and have made remarkable innovations that enabled them to survive for centuries. But many of the strategies used now, and those unaltered from the past, are inadequate to cope with the fast-changing situation in modern China. The paper is in several parts. We explain some of the terminology around socioenvironmental thinking and its application to the real world with examples from the Qinghai-Tibetan Plateau – a vast upland in NW China. An attempt is made to show how a better understanding of the interplay of fast and slow variables can help to ensure conservation (wise use) of natural resources and serve the needs of the land users (mainly semi-nomadic herders of yaks, goats, sheep, camels and horses). We suggest that the term ‘situation betterment’ is a more realistic goal and the ‘solving’ the manifold problems (ecological, legal, economic, political and logistic) that beset land users, administrators, policy makers and the law makers. An explanation of the systems approach and its relevance to socio-environmentalism is offered
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Addaney, Michael, Michael Gyan Nyarko, and Elsabe Boshoff. "Protection of the Environment and Natural Resources during Armed Conflicts in Africa." Chinese Journal of Environmental Law 3, no. 1 (August 13, 2019): 85–115. http://dx.doi.org/10.1163/24686042-12340036.
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Abstract Scarce environmental and natural resources, such as minerals and water, are traditional origins of armed conflicts in Africa. There are persuasive and wide-ranging claims to the effect that environmental degradation will intensify resource scarcity and consequently contribute to an increase in armed conflict. Existing studies show that most governments in Africa overexploit valuable natural resources such as diamonds, oil and timber to finance war, without regard to environmental protection. Environmental protection during armed conflict has therefore gradually gained significant attention at international, national and regional levels. This article explores how regional laws could fill gaps in the international legal frameworks for the protection of the environment and natural resources in the context of armed conflicts in Africa. It considers the extent to which the enforceable content of regional and international norms apply to environmental damage in times of armed conflict and assesses the main shortcomings of existing normative frameworks to make a case for reform. The article argues that regional law (the African Convention on the Conservation of Nature and Natural Resources) offers strong and direct protection to the natural environment during armed conflict and requires a lower threshold for its application as compared with the Additional Protocol I to the Geneva Conventions. It concludes by providing recommendations on finding durable solutions to protection of the environment during resource-fuelled armed conflict in Africa.
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Gao, Yu, and Maksim Viktorovich Bolotov. "Legal aspects of ensuring national security in the sphere of subsoil use of natural gas in Russia and China." Юридические исследования, no. 2 (February 2022): 1–17. http://dx.doi.org/10.25136/2409-7136.2022.2.37382.
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In the current context, the goals of Russia and China in achieving "carbon neutrality" by 2060 and strengthening their own energy resource and environmental security, the comparative study of the laws on transition towards low-carbon energy sources and new environmental standards declared by both countries is relevant and urgent. The subject of this research is measures to reform legislation in the sphere of exploration and extraction of natural gas in Russia and China, which can be divided into the following aspects: reform of the legislative system on the mineral resources and competitive transfer of the right to use the subsoil plots, reform of the law "On Foreign Investment" and definition of state strategic mineral resources, legal system of environmental protection, and reform regarding the protection of environmental resources in the mining districts. Based on comparative research in various legal disciplines, the author generalizes and analyzes the similarities and differences in ensuring resource and environmental security in Russia and China. This article summarizes the experience and shortcomings of Russia and China in maintaining balance between the national resource security and environmental security aimed at the achievement of "carbon neutrality". Stemming from the fact that both countries manage the appropriate resource and environmental security, China should adopt the Russian experience and transform the administrative provisions of the lower level associated with the protection of resources and environmental security into legislative acts, in order to enhance their law enforcement, compulsory and deterrent authority. Russia, in turn, should also resort to the experience of China in implementation of the factors of market competition in the sphere of exploration of oil and gas, as well as encourage and motivate foreign or domestic private capital to contribute to oil and gas exploration and help Russia to upgrade its equipment and boost production.
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Rehbinder, Eckard. "Sustainable Resource Management—New Legal Approaches Needed?" Journal for European Environmental & Planning Law 9, no. 1 (2012): 34–62. http://dx.doi.org/10.1163/187601012x632247.
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Compared to climate protection and the promotion of renewable energy and energy efficiency, the saving of natural resources has been a somewhat neglected field of EU sustainability law. Based on the thesis that from an environmental policy perspective it is not resource scarcity as such but the environmental impacts associated with resource use that must be addressed, the article analyses the existing EU law and possibilities for strengthening resource efficiency and eco-efficiency in EU law. In particular, it discusses possible strategic concepts and instruments, focusing on activity-based strategies such as product life cycle thinking.
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Rugebregt, Revency Vania, Abrar Saleng, and Farida Patittingi. "Government Policy in the Natural Resource Management of Local Community." Hasanuddin Law Review 1, no. 1 (April 17, 2016): 122. http://dx.doi.org/10.20956/halrev.v1i1.219.
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Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.
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Rugebregt, Revency Vania, Abrar Saleng, and Farida Patittingi. "Government Policy in the Natural Resource Management of Local Community." Hasanuddin Law Review 1, no. 1 (April 17, 2016): 122. http://dx.doi.org/10.20956/halrev.v1n1.219.
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Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.
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Brinchuk, M. M., and Yu A. Kasprova. "THE ARCTIC AS A SPECIFIC OBJECT OF ECOLOGICAL SAFETY." Bulletin of Udmurt University. Series Economics and Law 31, no. 2 (April 20, 2021): 235–42. http://dx.doi.org/10.35634/2412-9593-2021-31-2-235-242.
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The article explores issues relevant to ecological and natural resources law concerning the Arctic as a specific object of use of natural resources of the region and their protection, i.e. its ecological safety. The importance of this study for the authors is due to the intensive environmentally significant activities being carried out in the region. Geographical and environmental specific features of the Arctic are noted - a large part of the territory of the Russian Federation, a significant geopolitical factor in the life of Russia. It is emphasized that the Arctic as a natural territory has a complex natural structure as a system of natural objects and resources, the relations about which are regulated simultaneously by the whole set of ecological and natural resources legislation and law. As an object of environmental safety, according to art. 72 of the Russian Constitution, the regulation of these relations is jointly administered by the Russian Federation and the subjects of the Russian Federation. The authors draw attention to the need to improve the legal regulation of environmental relations in the Arctic, in particular, in the form of the adoption of a special law on the Arctic, and defects in the development of ecological legislation of the Russian Federation. The main task is highlighted, which should be addressed by the development of ecological and natural resources legislation - the establishment of special regimes of nature use and environmental protection in the Arctic zone of the Russian Federation.
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Євгеній Павлович Суєтнов. "To the question of recognizing the ecosystem approach as a quintessential principle of environmental law." Problems of Legality, no. 149 (June 9, 2020): 92–113. http://dx.doi.org/10.21564/2414-990x.149.201995.
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On the grounds of the comprehensive analysis of the views of scientists, the article explores the principle of the ecosystem approach in environmental law.It is substantiated that in the modern environmental legal doctrine there is no clear and unambiguous understanding of the essence of this principle and its place among other principles of environmental law, because scientists, considering this principle an independent principle, simultaneously recognize it as a sign of rational use of natural resources, identify it with the complex and sustainable use of natural resources or generally see it in the vast majority of principles of environmental law.Given the novelty, extreme intricacy and unconventionality of the principle of the ecosystem approach, it is proposed to consider it as a quintessential principle of environmental law, which, found on the objective conditions of nature’s existence, denoted by the interdependence and interconditionality of all natural processes and phenomena, “permeates” all principles of environmental law and at the same time serves as their backbone, the essence.The article concludes by emphasizing the need to rethink environmental law and its principles on the basis of the ecosystem approach.
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Farran, Sue. "Balancing livelihoods with environmental protection: A case study from Fiji." Environmental Law Review 22, no. 4 (December 2020): 266–79. http://dx.doi.org/10.1177/1461452920966583.
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Pacific Island states – sometimes classified as small island developing states, are among those most vulnerable to climate change and environmental degradation brought about by development initiatives such as logging, mining, commercial agriculture and tourism. While these may have economic benefits, many Fijians live in rural areas with limited or no opportunity for paid employment and rely on subsistence farming and natural resources for their livelihoods. The importance of the latter – particularly for many women – and increasing pressure on these resources, raise sustainability concerns. If natural resource environments are to be protected, restrictions – some of which are already in place – need to be not only enforced but possibly extended. This could, however, impact negatively on these dependent livelihoods. This article considers this dilemma in the context of two Fijian villages in the district of Ba, where women depend on the mangrove areas, primarily for catching crabs for sale in the local markets, using the money earned to meet basic needs.