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Dissertations / Theses on the topic 'Environmental law – Europe, Eastern'
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Frey, Walter C. "Water for life : fighting water pollution in Eastern Europe." Thesis, Massachusetts Institute of Technology, 1993. http://hdl.handle.net/1721.1/45738.
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Tzonev, Tzonu. "Seismic retrofit of precast panel buildings in Eastern Europe." Thesis, Massachusetts Institute of Technology, 2013. http://hdl.handle.net/1721.1/82720.
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Thesis (M. Eng.)--Massachusetts Institute of Technology, Department of Civil and Environmental Engineering, 2013.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references (pages 85-87).
Many countries in Eastern Europe, particularly ones from the former Soviet Bloc, are facing a potential crisis regarding their deteriorating precast panel apartment buildings. These complexes were built using industrial methods in response to the housing shortage during the 1960s, 70s and 80s. An ending lifecycle in combination with the poor design and construction quality makes these buildings extremely vulnerable to earthquakes that are frequent in the region. This thesis addresses the need to act urgently in order to rehabilitate these structures and ensure that they meet today's building code requirements. It is achieved through a case study that explores the effectiveness of global bracing seismic mitigation techniques on an existing precast panel building located in Sofia, Bulgaria. The in-situ building is first analyzed using SAP2000 and then again after the bracing is added to the model. A variety of parameters such as drift, floor acceleration and seismic damage are compared with cost and plausibility of the chosen options. As a final outcome, the external bracing scheme used in this study does in fact decrease both the floor accelerations and the interstory drift by at least 10% and in some cases as much as 85%. During the thesis, several local experts and practicing structural engineers were interviewed and consulted. For this study it is assumed that the building has a close statistical representation of other buildings with similar structural system both in Bulgaria and neighboring Eastern European countries.
by Tzonu Tzonev.
M.Eng.
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Dmitrenko, Alexander. "Natural law or liberalism?, gay rights in the new Eastern Europe." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ63077.pdf.
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Vedder, Hans Hermann Bernard. "Competition law and environmental protection in Europe towards sustainability? /." Groningen : Amsterdam : Europa Law Publishing ; Universiteit van Amsterdam [Host], 2003. http://dare.uva.nl/document/67768.
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Pickvance, Katy. "Environmental movements in Eastern Europe : a comparative study of Hungary and Russia." Thesis, University of Kent, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.318110.
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Nesterov, Yuriy. "Agricultural Changes in Central and Eastern Europe and their Implications for Environmental Quality." Ohio University / OhioLINK, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1205254024.
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Shadley, Anna Bardes. "The Third Gate: Naturalization Legislation in Central and Eastern Europe." Columbus, Ohio : Ohio State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1206123091.
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Gutner, Tamar L. "Banking on the environment : multilateral development banks and environmental policymaking in Central and Eastern Europe." Thesis, Massachusetts Institute of Technology, 1999. http://hdl.handle.net/1721.1/28207.
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Thesis (Ph.D.)--Massachusetts Institute of Technology, Dept. of Political Science, 1999.Includes bibliographical references (p. 298-312).
The dissertation is a comparative study of three multilateral development banks (MDBs)-the World Bank, European Bank for Reconstruction and Development (EBRD), and European Investment Bank (EIB)-and their struggles to operationalize and implement relatively new environmental mandates. MDBs are increasingly being relied upon to address environmental issues in their activities, while at the same time facing criticism for allegedly promoting serious environmental degradation in borrowing countries. The dissertation focuses on the activities of these banks in Central and Eastern Europe, where the fall of the Iron Curtain revealed the most polluted countries in Europe, and where these MDBs are among the top donors. There is significant variation in the degree to which these MDBs have incorporated environmental goals into their work. The World Bank has played an important role in providing policy support for environmental reform in the region, while financing the largest scope of "green" projects of the three banks. The EIB has responded to its environmental goals in minimal ways, and the EBRD has an intermediate position between the other two. I argue that external pressure from major shareholder countries, usually supported or pushed by NGOs, is a key factor determining the depth of an MDB's commitment to new mandates, such as the environment. However, shareholder commitment is a necessary but not sufficient condition in explaining the banks' environmental behavior. Governance structures for all three banks are diffuse, and, as a result, institutional design and incentive systems play critical roles in how environmental objectives are translated into activities. In all three cases, the banks' internal incentive systems are poorly aligned with their environmental goals, and even where institutional variables are structured to promote greater awareness of environmental issues within the banks, they do not always work as envisioned. Theoretically, the dissertation argues that different causal variables matter at different stages of the policy process. Neorealist approaches have the most explanatory power in accounting for how environmental ideas are brought to the MDBs, but are insufficient in explaining outcomes. Approaches drawn from institutionalist and organizational theories, in turn, provide guidance in analyzing the mechanisms by which environmental objectives are translated into practice. The argument calls for a better integration of international relations theories emphasizing the importance of shareholder politics with theories that focus on how institutional arrangements shape behavior.
by Tamar L. Gutner.
Ph.D.
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Farina, Martina <1994>. "Compliance with European Union Law in Central and Eastern Europe: the case of Bulgaria and Romania." Master's Degree Thesis, Università Ca' Foscari Venezia, 2022. http://hdl.handle.net/10579/21383.
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Nel 2004, dieci stati si sono uniti all'Unione Europea: 7 facevano parte dell'ex blocco orientale, una era una ex repubblica della Jugoslavia e due sono isole nel Mar Mediterraneo. In generale, quando si parla di allargamento ad est si include anche la Romania e la Bulgaria, entrate nell'Unione successivamente, nel 2007, in quanto non furono in grado di rispettare i criteri prestabiliti dalla Commissione (Criteri di Copenhagen). In particolare, questi ultimi due stati suscitarono forti critiche e preoccupazioni riguardo la loro capacità di rispettare i principi di adesione, in quanto ancora non sufficientemente preparati e qualificati per la membership.
All'inizio delle negoziazioni, tutti gli stati dell'allargamento ad Est del 2004-07 stavano affrontando delle profonde trasformazioni sociali, politiche ed economiche. Romania e Bulgaria, tuttavia, rimangono due stati controversi, in quanto entrambe stentarono ad applicare e trasporre le regolamentazioni dell'Unione.
Nel primo capitolo di questa tesi vengono date una serie di definizioni che saranno necessarie per una comprensione più dettagliata dell'argomento in quesitone. In particolare due concetti, la condizionalità e la compliance, strettamente connessi in quando la condizionalità è uno strumento fondamentale per stimolare i paesi membri a rispettare le regolamentazioni dell'Unione. Nei due capitoli successivi si procederà con un'analisi dei due stati più contrastati, Romania e Bulgaria, attraverso la consultazione del CVM report.
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Slavov, Atanas. "Towards participatory political theology : democratic consolidation in Southeastern Europe and the role of Eastern Christianity in the process." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7337/.
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This thesis defends the position that the Eastern Orthodoxy has the potential to develop, on the basis of its core concepts and doctrines, a new political theology that is participatory, personalist and universalist. This participatory political theology, as I name it, endorses modern democracy and the values of civic engagement. It enhances the process of democracy-building and consolidation in the SEE countries through cultivating the ethos of participation and concern with the common good among and the recognition of the dignity and freedom of the person. This political-theological model is developed while analyzing critically the traditional models of church-state relations (the symphonia model corresponding to the medieval empire and the Christian nation model corresponding to the nation-state) as being instrumentalized to serve the political goals of non-democratic regimes. The participatory political-theological model is seen as corresponding to the conditions of the constitutional democratic state. The research is justified by the fact the Eastern Orthodoxy has been a dominant religiouscultural force in the European South East for centuries, thus playing a significant role in the process of creation of the medieval and modern statehood of the SEE countries. The analysis employs comparative constitutional perspectives on democratic transition and consolidation in the SEE region with the theoretical approaches of political theology and Eastern Orthodox theology. The conceptual basis for the political-theological synthesis is found in the concept and doctrines of the Eastern Orthodoxy (theosis and synergy, ecclesia and Eucharist, conciliarity and catholicity, economy and eschatology) which emphasize the participatory, personalist and communal dimensions of the Orthodox faith and practice. The paradigms of revealing the political-theological potential of these concepts are the Eucharistic ecclesiology and the concept of divine-human communion as defining the body of Orthodox theology. The thesis argues that with its ethos of openness and engagement the participatory political theology presupposes political systems that are democratic, inclusive, and participatory, respecting the rights and the dignity of the person. The political theology developed here calls for a transformation and change of democratic systems towards better realization of their personalist and participatory commitments. In the context of the SEE countries the participatory political theology addresses the challenges posed by alternative authoritarian political theologies practiced in neighboring regions.
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Mogilnaya, Maria. "Deposit protection law reform in Russia : an evaluation." Thesis, De Montfort University, 2012. http://hdl.handle.net/2086/7104.
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In late 2003 after two financial crises and many years of deliberation, the Russian Government introduced a deposit insurance scheme (DIS) aimed primarily at protecting the savings of the population. The DIS's stated objectives were to protect the right and legal interests of depositors, to strengthen public confidence in the banking system, and to encourage household savings. Recent official assessments of the scheme have been, at best, partial, have tended to use government statistics and have failed to establish a link between the banking sector outputs and the impact of the DIS. This thesis undertakes a detailed evaluation of the Russian DIS based on a comprehensive analysis of vast literature on deposit insurance schemes globally covering rationales for its establishment and its main features, as well as of the relevant Russian legislation and past attempts at evaluating the Russian DIS which were somewhat patchy. Adopting a cross-sectional, mixed methods approach, the study reports on the findings that emerged from a combination of surveys, interviews and observations conducted at six participating Russian banks in spring 2009. These were supplemented by documentary evidence from the banks and the Russian Deposit Insurance Agency. To facilitate the analysis and interpretation of the data, a theoretical framework was devised, and included a set of success criteria and impact indicators. The results of the analysis indicate that the Russian DIS does not appear to have fully achieved its stated objectives. Irrefutably, the Russian Government failed to establish an effective institutional and regulatory environment which could have enforced uniform provision of information about the DIS to retail depositors. This is evidenced by visible differences among bank practices in relation to the implementation of the DIS. Consequently, as a result of these variations in implementation, the retail depositors’ understanding of the DIS and its perceived impact differs depending on which bank they patronise. This research provides a number of original theoretical, empirical, analytical and methodological contributions
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Radunski, Astrid. "Frank Laczko ; lrene Stacher ; Amanda Klekozvski von Koppenfeld (Hrsg.): New Challenges for Migration Policy in Central and Eastern Europe / [rezensiert von] Astrid Radunski." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5571/.
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rezensiertes Werk:
Laczko, Frank ; Stacher, lrene ; von Koppenfeld, Amanda Klekozvski von Koppenfeld (Hrsg.): New Challenges for Migration Policy in Central and Eastern Europe. - The Hague : TMC Asser Press, IOM, ICMPD, 2002, 257 S.
ISBN 90-6704-153-X
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Alexeyev, Yevgeniy. "Prospects for application of US shale gas technology in Eastern Europe : legal, economic and environmental concerns Poland vs. Ukraine." Thesis, Massachusetts Institute of Technology, 2012. http://hdl.handle.net/1721.1/72909.
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Thesis (M.B.A.)--Massachusetts Institute of Technology, Sloan School of Management, 2012.Cataloged from PDF version of thesis.
Includes bibliographical references.
It is obvious to everybody today that energy is a very important strategic element of the countries' economy. Continuously growing population and industrial sectors demand more and more energy for successful development disregarding the raising price for traditional energy resources what urges researchers and industry practitioners to search for unconventional alternatives. That seems to be especially crucial for emerging economies. In this light shale gas that was in recent years introduced in the US in results of successful application of fracturing technology, appears to be a promising option of reasonable scale. Being found in abundance in shale fields of Poland and Ukraine it represents a real opportunity to improve energy independence and potentially reduce carbon emission in these countries. The study includes brief overview of geological conditions and discovered reserves of the shale gas in the region, current status of energy balance and relevant legal framework along with official and industry comments on current shale gas activities and analysis of most probable market scenarios for the new energy resource followed by recommendations in a form of conclusion to consider by potential project developers.
by Yevgeniy Alexeyev.
M.B.A.
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Rasulov, Akbar. "A legal realist critique of the new international law regime relating to the treatment of minority communities in Eastern and Central Europe : a dialectical theoretical inquiry." Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5838.
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This thesis is a work written in the genre of the legal realist critique. Its main topic is the development of the new international legal regime relating to the treatment of minority communities in Eastern and Central Europe (ECE) following the end of the Cold War. The general methodological approach on the basis of which it was produced derives primarily from the traditions of American legal realism and the first-wave critical legal studies (CLS). On a more fundamental level, the philosophical sensibility underlying this thesis's inquiry can be described as a combination of a non-Hegelian dialectical theory and historical materialism. The basic analytical project pursued in this thesis consists of two general investigative tasks each of which constitutes its own separate problematic. The first investigative task relates directly to the development of the new international law relating to the treatment of minority communities (ILTMC). Its main line of inquiry focuses primarily on that complex socio-historical transformation which has occurred in the ECE region in the last seventeen years and which has been marked on the plane of international law by the rapid emergence of the new ILTMC project. The second investigative task addressed in these pages relates to a somewhat more abstract subject matter. Its main line of inquiry can be preliminarily summarized in the form of the following question: "How should the general problematic of the new ILTMC project be investigated from the point of view of international law? " The theory of historical materialism practised in this thesis derives essentially from the works of the French Marxist philosopher Louis Althusser. Despite the terminological parallels, it differs quite considerably from the similarly-named theories practised by the orthodox Marxist schools from the Second International onwards. In particular, it rejects in every form and guise all versions of Hegelian teleologism, which it considers to be a variation of ontological idealism, and adopts a position of extreme suspicion with regard to vulgar economism. In that context, for the purposes of the present thesis, the term "structural conjuncturalism" should be generally understood as the short name given to the basic analytical method developed in the framework of the historical materialist theory for the purposes of social sciences. Legal realism, in its turn, should be generally understood as the "local" variation of that method adapted for the specific purposes of juridical scholarship.
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JehlicÌŒka, Petr. "A comparative investigation into the dynamics of environmental politics in Western and Eastern Europe 1988-1993 with special reference to the Czech Republic." Thesis, University of Cambridge, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.325025.
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Sibane, Nomsa Virginia. "Environmental politics: the case of the Xolobeni Mining Project in Mbizana, Eastern Cape Province, South Africa." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/d1007574.
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This research explored the nature of conflict that arose in Xolobeni, a small area in the Mbizana Local Municipality in the Eastern Cape Province of South Africa, and the environmental politics emanating from the arguments that supported development rather than environmental protection. The proposed mining project was known as the Xolobeni mining development project within the Amadiba Tribal Authority, an area dominated by Pondos or (Mpondos). The Xolobeni area is located between the Mzamba and Mtentu Rivers, covering some 2 867 hectares, and extends for 20km along the coast of the Mbizana Local Municipality, in the Alfred Nzo District Municipality. In 2005, the Minister of the National Department of Minerals and Energy (DME), now known as the Department of Minerals and Petroleum Resources, announced that an Australian company, Transworld Energy and Minerals (TEM) will establish a mining development project in Xolobeni to mine red sand dunes which are contained within five blocks, each named after the river at its southern boundary. These blocks were Mtentu, Sikombe, Kwanyana, Mnyameni and Mphalane. According to the Minerals and Petroleum Resources Development Act (Act 28 of 2002), the Department of Minerals and Energy is the sole custodian of the mining licence and therefore the only Department that issues mining licences. The research investigated the nature of conflict that erupted in Xolobeni after this announcement, resulting in the formation of two groups namely, the Amadiba Crisis Committee (ACC) which represented the communities who were against the mining project in the area and the Xolobeni Local Community (Xolco) which was a Black Economic Empowerment company that represented the communities that supported the mining project and was to receive 26 percent of the proceeds from the mining company. The purpose of the Amadiba Crisis Committee was to channel complaints and grievances of local residents emanating from the mining development project and other development to all relevant authorities so that the Constitutional rights of residents can be respected. The research also investigated the role of each stakeholder in the proposed mining project, namely, local communities in the area, environmentalists, councillors, the National Department of Minerals and Energy, the National Department of Environmental Affairs and Tourism, the Eastern Cape Department of Economic Development and Environmental Affairs (DEDEA), the traditional authority and the Eastern Cape Provincial Legislature Portfolio Committee on Economic Development and Environmental Affairs. Central to this research was the level of consultation during the proposed mining project. Qualitative and quantitative research methodologies were used to collect data in Xolobeni. Interviews were conducted with the two opposing groups and other various stakeholders including the chieftaincy, environmentalists, councillors and officials in the Department of Economic Development and Environmental Affairs (DEDEA). The researcher used questionnaires in order to get the views of the targeted participants. Eighty questionnaires were distributed among the targeted participants but only forty five were returned. Some of the participants were reluctant to participate in this study because the mining project had not taken place. Secondary data from the Departments of Environment of Affairs nationally and provincially revealed that the Department of Minerals and Energy through its Minister, Bulelwa Sonjica, awarded the mining licence despite recommendations of both Departments not to do so. The Minister of the new Department of Mineral Resources, Susan Shabangu, withdrew the licence and gave three months to Transworld Energy and Minerals to address the outstanding issues raised in the environmental impact assessment (EIA). The data collected revealed that the proposed mining project affected all communities in the Amadiba Tribal Administrative area. The research also illustrated how the Xolobeni community organised themselves and protested against development that intended to force them to relocate from their ancestral land without proper consultation. Issues of sustainable development and environmental protection also formed part of the discussions in this research. While the mining project had stalled, it emerged that the majority of respondents in the area did not want the mining project to proceed.
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Orr, Scott David. "Democratic identity the role of ethnic and regional identities in the success or failure of democracy in Eastern Europe /." The Ohio State University, 2005. http://rave.ohiolink.edu/etdc/view?acc_num=osu1117652333.
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Yakusheva, Natalya. "Parks, Policies and People : Nature Conservation Governance in Post-Socialist EU Countries." Doctoral thesis, Södertörns högskola, Miljövetenskap, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-32400.
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The national parks in the Carpathian Mountains along the Polish and Slovak border represent encompassing policy agendas that strive to balance biodiversity conservation and social welfare tasks. These countries have, during the last 25 years, undergone rapid transformation from socialist regimes to liberal democracies, and this transformation has affected the political, social and economic spheres. The accession to the European Union (EU) introduced demands for further changes, such as closer integration of conservation and socioeconomic development and inclusive, transparent and accountable decision-making that are based on participatory mechanisms. This thesis explores key challenges and opportunities for nature conservation policy and practice at the local level in a context of post-socialist legacies and Europeanization. Multi-level governance, Europeanization, and post-socialist studies are used as theoretical vehicles for the analysis of four transboundary national parks: Pieninsky national parks (NP) in both Poland and Slovakia and Bieszczady NP [Poland] and Poloniny NP [Slovakia]. The results of this study show that the early designation of the studied parks as protected areas prevented their exploitation and enabled preservation of important landscapes, which currently are highly valued at the European level. These nature conservation regimes have created tangible restrictions on the possible economic uses of these areas. However, rural development alternatives depend on a broader set of local, national and global factors such as the structure of the local economy and employment, the prioritization of nature conservation in national policies, investors’ interest, and increasing urbanization. Europeanization provided opportunities for local actors to benefit from additional funding made available for nature conservation and rural development. At the same time, demands for participatory decision-making posed significant procedural and conceptual challenges to achieving transparent, inclusive and accountable governance. The prevalence of informal practices in local policy-making and the lack of trust in state authorities pose further challenges to formal participatory processes. The opportunities of local actors to reach out across levels to express their interests remain scarce and are not institutionalized, whereas the multi-level characteristics of modern governance indirectly shape local processes by defining common legal and policy frameworks.Förvaltningen av nationalparkerna in vid gränsen mellan Polen och Slovakien i Karpaterna är framför allt inriktad mot att uppnå balans mellan bevarande av biologisk mångfald och social välfärd. Polen och Slovakien har under de senaste 25 åren genomgått en snabb förändring från socialistiska regimer till liberala demokratier, vilket har inneburit genomgripande politiska, sociala och ekonomiska förändringar. Medlemskapet i EU innebar ytterligare förändringar, som till exempel integrering av naturvårdsarbete och socioekonomisk utveckling, liksom främjande av inkluderande, transparent och deltagarinriktat beslutsfattande. Därmed bygger den moderna beslutsprocessen inte längre på den tidigare hierarkiska strukturen, utan har nu fått en aningen diffus karaktär, innefattande mängd olika aktörer som interagerar i såväl horisontella som vertikala beslutsprocesser. I denna avhandling utforskas nyckelutmaningar och möjligheter för beslutsfattande och implementering av naturvårdsarbete på lokal nivå, relaterade till de post-socialistiska arven och medlemskapet i EU. Multi-level governance (politiskt beslutsfattande på flera nivåer), Europeanization (europeisering) och post-socialistiska studier används som teoretiska verktyg för analysen av fyra gränsöverskridande nationalparker: Pieninsky, som innefattar såväl polska som slovakiska områden, Bieszczady (Polen) och Poloniny (Slovakien). Studien visar att det tidiga inrättandet av naturskydd i nationalparkerna hindrade exploatering och möjliggjorde bevarandet av värdefulla naturområden, vilka idag är högt värderade utifrån ett europeiskt perspektiv. Reglerna för detta naturskydd har dock skapat begränsningar för hur områdena kan användas för, till exempel, agrara verksamheter och turism. De mer övergripande landsbygdsutvecklingsmöjligheterna beror av lokala, nationella och globala faktorer som exempelvis den lokala ekonomins struktur, tillgång på arbetstillfällen, hur naturskydd prioriteras i nationellt beslutsfattande, intresse för investeringar i området och urbaniseringsprocesser. Medlemskapet i EU har medfört utökade möjligheter för finansiering av naturskydd och landsbygdsutveckling. Samtidigt har medlemskapet för dessa länder lett till ökade förväntningar på politiskt deltagande och nya utmaningar vad gäller transparens i beslutsfattande och inkluderande beslutsprocesser. Vidare har informella beslutsvägar i lokalt beslutsfattande och lågt förtroende för statliga myndigheter lett till ytterligare utmaningar i deltagandeprocesser. Möjligheter för lokala aktörer att kunna kommunicera och påverka beslut på högre nivåer har förblivit begränsade och är ännu inte tydligt institutionaliserade, samtidigt som det moderna, interaktiva beslutsfattandet på flera nivåer indirekt formar lokala processer genom att definiera legala och politiska ramverk inom vilka förvaltningsbeslut fattas.
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Krispi, Eli M. "Go Farm, Goleta: Urban Agriculture Protection for Eastern Goleta Valley." DigitalCommons@CalPoly, 2011. https://digitalcommons.calpoly.edu/theses/575.
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This paper explores two potential land use planning strategies that can be used to preserve and enhance the economic viability of agricultural operations surrounded by suburban development in Santa Barbara County’s Eastern Goleta Valley: buffers between agriculture and other land uses, and agritourism. In the case of buffers, academic literature is examined to determine how effective buffers are at various tasks (filtering runoff, mitigating dust and wind, providing habitat, etc.) and how to construct buffers to maximize their effectiveness. Land use plans and codes from several California jurisdictions are studied to see how buffers are put to use. Academic literature is then reviewed to discover the benefits and potential drawbacks of agritourism to agricultural operations and the larger area. The zoning codes from the top five agritourism counties in California are evaluated to see how effective they are at facilitating five common agritourism uses; these best practices are then compared to the current zoning in Santa Barbara County. This paper concludes by summarizing the applicability of the literature and case studies to Eastern Goleta Valley, and proposes a new zoning designation and other policies to help maintain the urban agriculture operations. This new zoning designation includes a 30-foot minimum width for buffers and a three-tier categorization of land uses capable of promoting agritourism.
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Valderas, Ana-Sofia. "Climate change law and litigation in Sweden with scenarios from Europe : Possibilities for members of the public to challenge the state's responsibility for climate change through litigation." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384955.
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The Swedish government is legally obliged to conduct climate policy work that will protect nature and humanity from the harmful effects of climate change. Obligations related to the environment arise under Swedish domestic law, European law and international law. This thesis investigates the possibilities for the Swedish public to initiate climate change litigation against the Swedish government due to insufficient climate actions. I examine three climate change litigation approaches from selected jurisdictions, including Germany, the Netherlands, Norway and the United Kingdom. By transposing the three litigation approaches into the Swedish legal order I seek to discuss the possibilities for the public to challenge the Swedish state's responsibility in climate matters. This thesis claims that the possibilities for the concerned public to address climate change are restricted. International obligations derived from the European Convention on Human Rights and the Aarhus Convention have given individuals substantive rights and procedural rights in matters related to the environment. However, the implementation of the international obligations are not always enshrined in the national law.
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Zarbakhsh, Hallie Ida. "The Potential of Islamic Finance for Environmental Sustainability and Social Equity in Iran." Ohio University Honors Tutorial College / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1461334909.
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Muller, Matthew Justin. "Linking institutional and ecological provisions for wastewater treatment discharge in a rural municipality, Eastern Cape, South Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1013048.
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The Green Drop Certification Programme, launched in 2008 alongside the Blue Drop Certification Programme, aims to provide the Department of Water Affairs with a national overview of how municipalities and their individual wastewater treatment works (WWTW) are complying with licence conditions set by the National Water Act (NWA) (No. 36 of 1998; DWAF 1998) and the Water Services Act (No. 108 of 1997; DWAF 1998). By publishing the results of each municipality’s performance, the programme aims to ensure continuous improvement in the wastewater treatment sector through public pressure. The programme has been identified by this project as a necessary linking tool between the NWA and the Water Services Act to ensure protection and sustainable use of South Africa’s natural water resources. It does this through assisting municipalities to improve their wastewater treatment operations which in theory will lead to discharged effluent that is compliant with discharge licence conditions. These discharge licences form part of the NWA’s enforcement tool of Source Directed Controls (SDC) which help a water resource meet the ecological goals set for it as part of Resource Directed Measures (RDM). The link between meeting the required SDC and achieving the RDM goals has never been empirically tested. This project aimed to determine the present ecological condition of the Uie River, a tributary of the Sundays River which the Sundays River Valley Municipality (SRVM) discharges its domestic effluent into. It then determined whether the SRVM’s WWTW was complying with the General Standard licence conditions and what the impact of the effluent on the river was through the analysis of monthly biomonitoring, water chemistry and habitat data. Lastly, the project examined the effectiveness of the Green Drop Certification Programme in bringing about change in the SRVM’s wastewater treatment sector, which previously achieved a Green Drop score of 5.6 percent. It wanted to examine the underlying assumption that a WWTW which improves its Green Drop score will be discharging a better quality effluent that will help a water resource meets the RDM goals set for it. The Kirkwood WWTW did not have a discharge licence at the time of assessment and was thus assessed under the General Standard licence conditions. It was found that the Kirkwood WWTW was not complying with the General Standard discharge licence conditions in the Uie River. This was having a negative impact on the river health, mainly through high concentrations of Total Inorganic Nitrogen (TIN-N), orthophosphate and turbidity. The SRVM should see an improvement in its Green Drop score for the Kirkwood WWTW. However, the municipality showed no implementation of necessary programmes. Implementation of these programmes would help the SRVM meet the General Standard licence conditions (part of SDC) which would help the Uie River meet the RDM goals set for it.
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Lundin, Olle. "Multi-actor Ownership : The Case of Swedish Development Cooperation with Ukraine." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-160466.
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Ownership is a guiding principle in today’s development cooperation practices, aiming to foster an efficient development cooperation driven by the recipients. However, ownership is paradoxical and ambiguous. No coherent understanding of ownership exists. The multistakeholder development cooperation arena is argued to complicate the recipients’ possibilities to acquire ownership. As the literature lacks an eastern European perspective, this study addresses the above-mentioned dimensions by examining ownership in Swedish development cooperation with Ukraine. By conducting interviews, this study confirms that there is a confusion among development actors in defining what ownership is. In contrast to previous research, this study finds the multi-stakeholder approach as an advantage of ownership. Collaboration between local actors can contribute to capacity development, joint commitment and stronger responsibility, which increases the probabilities that outcomes of development projects will be governed and progressed by the local actors in the long run. Hence, this study contributes to the literature with a more clarified understanding of ownership. Ownership is perceived as a relational concept that is dynamically promoted over time. This study concludes that commitment, capacity and participation are dimensions that can promote this myriad of local actors involved in development practices to acquire a multi-actor ownership of different dimensions of the development process.
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Teodossieva, Assia. "Die Niederlassungsfreiheit der Staatsangehörigen und der Unternehmen aus Mittel- und Osteuropa in der Europäischen Union." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2010. http://dx.doi.org/10.18452/16228.
Full textAbstract:
Die Arbeit untersucht aus der Perspektive der Arbeitsmigration die Niederlassungsrechte der Staatsangehörigen und der Unternehmen aus Mittel- und Osteuropa in der Europäischen Union im Zeitraum 1990-2009. Erörtert werden das relevante EU-Recht und die entsprechenden nationalen Regelungen am Beispiel Deutschland und Bulgarien. Behandelt werden u.a. unterschiedliche Fallkonstellationen, in denen die gewährten Niederlassungsrechte nicht zweckentsprechend genutzt werden. Untersucht werden dabei die rechtlichen Aspekte der unlauteren Nutzung der erwähnten Niederlassungsrechte als eine ungewöhnliche Form der legalen Migration aus Mittel- und Osteuropa. Diese können unter bestimmten Umständen als Mittel eines legalen Zugangs zu sonst gesperrten Arbeitsmärkten der „alten“ EU-Mitgliedstaaten dienen oder als Instrumentarium für eine Aufenthaltsverfestigung in Hinsicht auf die Versuche, durch die Niederlassungsrechte einen vorher unrechtmäßigen Aufenthalt in einem EU-Mitgliedstaat zu legalisieren. Die Untersuchung berücksichtigt die relevante Rechtsprechung im Bereich und verläuft komplex auf drei Ebenen - auf Ebene des internationalen Privatrechts Bulgariens, des EU-Rechts und des deutschen alten und neuen Ausländerrechts.The dissertation examines the right of establishment of nationals and companies of Central and Eastern Europe (CEE) in the European Union from the perspective of labour migration. It discusses the relevant EU legislation combining the corresponding German and Bulgarian national regulations over the period 1990-2009. The dissertation presents inter alia different constellations, in which the right of establishment is not used according to the spirit and purpose of the law. It analyzes the legal aspects of such unfair practices as a nontypical form of legal migration from Central and Eastern Europe in the European Union. In the years preceding the EU accession 2004/2007 and in the transitional periods after that the labour markets of the “old” EU Member States were subject of restrictive regulations. That fact provoked the CEE nationals under certain circumstances to use the right of establishment improperly - as an instrument for a legal access to the aforementioned labour markets, as a tool for acquiring a permanent residence status in the host country or even as an attempt to legalize an illegal residence. The study takes into account the relevant EU and German case law and runs complex on three levels - on the level of EU law and on the level of the corresponding Bulgarian and German law.
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Purcel, Alexandra-Anca. "Economic Development and Environmental Quality Nexus in Developing and Transition Economies." Thesis, Université Clermont Auvergne (2017-2020), 2020. http://www.theses.fr/2020CLFAD013.
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Cette thèse aborde l'un des sujets les plus discutés et en vogue dans le domaine de l'économie, à savoir le lien entre le développement économique et la qualité environnementale. En particulier, on met l’accent sur les effets du développement économique—tant dans ses dimensions économique, sociale que politique—sur la qualité de l'environnement pour les économies en développement et en transition. Le chapitre I, divisé en trois phases clés, à savoir la revue de la littérature théorique, la partie empirique et la revue de la littérature empirique, contribue à la littérature en donnant diverses informations sur le lien entre la croissance économique et la pollution de l'environnement dans les économies en développement et en transition. Globalement, les résultats révèlent que des études empiriques récentes, parvenant à réduire certaines lacunes suggérées par la théorie, pourraient en effet indiquer un certain consensus sur la relation entre la croissance et la pollution, à savoir la validité de l'hypothèse de la Courbe de Kuznets Environnementale (CKE). Le chapitre II examine le lien pollution-croissance dans les pays d'Europe Centrale et Orientale (PECO), en ajoutant à la littérature empirique l’utilisation de l'hypothèse étendue de l'CKE comme cadre théorique. D'une part, il révèle un lien de croissance non linéaire entre le PIB et le CO2 agrégé, qui est fortement robuste pour différents estimateurs et variables de contrôle. En revanche, l'analyse au niveau des pays révèle que la relation entre le PIB et le CO2 se caractérise par une grande diversité dans les PECO. Ainsi, malgré une tendance globale à la hausse, certains PECO ont réussi à assurer à la fois un PIB plus élevé et une réduction des émissions de CO2. Du point de vue politique, les décideurs de l'UE pourraient accorder plus d'attention à ces pays, c'est-à-dire envisager une intégration plus rigoureuse des hétérogénéités des pays et, en même temps, soutenir la croissance économique sans nuire à l'environnement. Le chapitre III étudie la réponse des émissions de CO2 agrégées et sectorielles résultant des perturbations externes du PIB et de l'urbanisation, en supposant un canal de transmission qui intègre deux des éléments clés utilisés dans la lutte contre la dégradation de l'environnement—les énergies renouvelables et l'efficacité énergétique. Les résultats, robustes à plusieurs spécifications alternatives, indiquent que la production globale, l'urbanisation et l'intensité énergétique augmentent les émissions totales de CO2, tandis que les énergies renouvelables ont l'effet inverse. Par ailleurs, en ce qui concerne la réponse du CO2 aux chocs de production et d'urbanisation, le modèle suggère que ces pays atteindront le seuil maximum qui conduirait à un changement de la tendance des émissions à la baisse. Cependant, les résultats varient en fonction du niveau de revenu et du statut des pays sur la ratification/l'adhésion au Protocole de Kyoto. Ensuite, l'analyse sectorielle montre que les transports, les bâtiments et les secteurs non-combustion sont plus susceptibles de contribuer à l'augmentation des niveaux futurs de CO2. En général, ce chapitre peut fournir des informations précieuses sur les perspectives de durabilité environnementale dans les pays en développement. Le chapitre IV explore les effets de la stabilité politique sur la dégradation de l'environnement, donnant une perspective renouvelée sur ce sujet dans les pays en développement. Il montre qu'une évolution non linéaire en forme de cloche décrit la relation entre les variables au niveau agrégé. De plus, bien que ce résultat reste stable pour plusieurs spécifications alternatives, nous identifions des hétérogénéités significatives dans les caractéristiques distinctes des pays et les mesures alternatives de pollution. En outre, des estimations désagrégées révèlent des schémas contrastés pour la relation entre le CO2 et la stabilité politique. (...)This thesis tackles one of the most debatable and in vogue topics in economics, namely the economic development and environmental quality nexus. Notably, it studies the economic development's effects—in terms of its economic, social, and political dimensions—on the environmental quality for developing and transition economies. Chapter I, which is divided into three key phases, namely theoretical review, empirical exercise, and empirical review, contributes to the literature by giving various insights regarding the link between economic growth and environmental pollution in developing and transition economies. Overall, it reveals that the recent empirical studies, indeed, succeeding to curtail some of the deficiencies suggested by theoretical contributions, might indicate a certain consensus regarding pollution-growth nexus and Environmental Kuznets Curve (EKC) hypothesis validity. Chapter II examines the pollution-growth nexus in Central and Eastern European (CEE) countries, adding to the related empirical literature using the extended EKC hypothesis as a theoretical background. On the one hand, it unveils an increasing nonlinear link between GDP and CO2 at the aggregate level, which is powerfully robust to different estimators and control variables. On the other hand, the country-level analysis reveals that the relationship between GDP and CO2 is characterized by much diversity among CEE countries. Thus, despite an aggregated upward trend, some CEE countries managed to secure both higher GDP and lower CO2 emissions. From a policy perspective, EU policymakers could pay more attention to these countries and amend the current unique environmental policy to account for country-heterogeneities to support economic growth without damaging the environment. Chapter III investigates the aggregated and sector-specific CO2 emissions' responsiveness following exogenous shocks to growth and urbanization, considering a transmission scheme that incorporates two of the widely used instruments in mitigating environmental degradation—renewables and energy efficiency. First, robust to several alternative specifications, the results indicate that output, urbanization, and energy intensity increase the aggregated CO2 emissions, while renewable energy exhibits an opposite effect. Moreover, regarding the CO2 responsiveness in the aftermath of output and urbanization shocks, the pattern may suggest that these countries are likely to attain the threshold that would trigger a decline in CO2 emissions. However, the findings are sensitive to both countries' economic development and Kyoto Protocol ratification/ascension status. Second, the sector-specific analysis unveils that the transportation, buildings, and non-combustion sector exhibits a higher propensity to increase the future CO2 levels. Generally, this chapter may provide useful insights concerning environmental sustainability prospects in developing states. Chapter IV explores the effects of political stability on environmental degradation, giving a renewed perspective on this topic in developing states. It shows that a nonlinear, bell-shaped pattern characterizes the relationship between variables at the aggregate level. Moreover, while this result is robust to a broad set of alternative specifications, significant heterogeneities are found regarding countries' distinct characteristics and alternative pollution measures. Besides, the country-specific estimates unveil contrasting patterns regarding the relationship between CO2 and political stability. Broadly speaking, the findings suggest that both the formal and informal sides of political stability play a vital role in mitigating CO2 pollution in developing countries, and may provide meaningful insights for policymakers. (...)
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Jörgensen, Fredrik. "The Law BusinessmanTM : Five Essays on Legal Self-efficacy and Business Risk." Doctoral thesis, Stockholms universitet, Företagsekonomiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-97625.
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The thesis challenges the notion of effectiveness of law as being based on the formal institutions of courts, law enforcement and written law. It argues that the best way to measure the effectiveness of law is the legal self-efficacy of laymen who are the end users of law. It presents a new perspective on the effectiveness of law. It turns the traditional perspective of studying the effects of legal institutions around and instead studies the effect of how individuals perceive their own ability to use law. This self-reflexive ability - legal self-efficacy - is the answer to the question “How comfortable are with communicating with legal terminology?”. The thesis makes several comparisons using the traditional perspective and legal self-efficacy and finds that legal self-efficacy is a better measure of legal effectiveness. This thesis analyzes 246 businesspeople in Russia and their risk behavior with regards to economic transactions in relation to legal self-efficacy. The theory behind legal self-efficacy is a combination of Luhmann’s theory of law as communication and Bandura’s concept of self-efficacy. The first paper applies the traditional approach. It analyzes the effect of legal efficiency on leverage and debt maturity for listed and non-listed companies. The second paper is describes the conceptual foundation of the legal effectiveness based on the individual. The third paper compares the effect of private order (including legal self-efficacy) and public order institutions on the granting of trade credit. The fourth paper analyzes the impact of legal self-efficacy and formal legal institutions on sanctions against clients in a comparative perspective. The final paper seeks out possible sources of legal self-efficacy. Legal self-efficacy can be used to better understand the interaction of individuals and law including such fields of research as behavioral accounting, behavioral law and finance, legal sociology and legal studies.
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Le, Goueff-Duong Meï-Line. "Le droit du développement durable comme facteur de développement différencié des états : de la théorie aux pratiques." Thesis, Poitiers, 2019. http://www.theses.fr/2019POIT3001.
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Despite the crisis in the global economy, politics and social-environment between the developed countries and thedeveloping countries, sustainable development law is a potential instrument that can manage to resolve disputesbetween countries of the North and countries of the South, and reconcile economic development with environmentalmatters. Consolidation of sustainable development law that was undertaken by the Stockholm Conference in 1972 andthe Rio Conference in 1992 has also had an impact on social and environmental justice. Indeed, it promotes a doublesynergy between the protection of the environment, the economic development and State action. In this regards, theintegrative function and the conciliatory function lead to the universal recognition and the affirmation of sustainabledevelopment law at international, national and regional level, especially within the international institutions and the legalcorpus including economic and social rights (i.e. Human Rights). Numerous treaties, constitutional and legislativeprovisions have been integrating sustainable development. The recognition of sustainable development law represents asignificant change to the current legal system guarantied by consistency, rationality, autonomy and structured inhierarchical layers. However, the emergence of sustainable development law and its recognition raised concern,questions and controversy about its legal prospect, sophisticated governance and structural limits due to theproliferation of sustainable development standards and the growing number of complex institutions. Besides, differingpractices between States point to the need to consider whether there is a genuine joint will of both developed countriesand developing countries to create a new paradigm which can reconcile environment protection with economicdevelopment. Thus raising the question whether sustainable development law is able to fulfil its function as aconciliator and to strike a balance between environmental, socio-economic issues to both developed and to developingcountries. Furthermore, the affirmation of sustainable development law at the international, regional and national levelrequires relevant law implementing and enforcement strategies for respecting, protecting and ensuring full enjoyment ofsustainable development law. It can help to address the issue of effectiveness and implementation. It also encourageswider participation of concerned public and private actors, NGO, decentralized authorities as well as of InternationalOrganization in the development of standards and its implementation and enforcement. Finally, the necessary legal,procedural and technical guarantees should be ensured in order to guarantee full compliance with sustainabledevelopment standards and to avoid a legitimacy crisis of sustainable development as well as a rupture of diplomaticrelationsDans un contexte de querelles, de tensions et d’affrontements politiques, économiques et environnementaux entre lespays Nord-Sud, le droit du développement durable apparait comme un instrument potentiel de résolution des conflitsNord-Sud et de conciliation du développement économique avec l’environnement. Ce nouveau droit a également unimpact sur la justice environnementale et sociale dans la mesure où il favorise une double synergie entre la protection del’environnement, le développement économique et l’action des Etats. Les fonctions d’intégration et de conciliation dudroit du développement durable ont conduit à la reconnaissance universelle et l’affirmation au niveau international,régional et national, particulièrement au sein des institutions internationales et du corpus juridique à caractèreéconomique et social (droits de l’Homme) du développement durable. Il a également fait l’objet de nombreusesdispositions conventionnelles, constitutionnelles et législatives. Cette reconnaissance du droit du développementdurable bouleverse le modèle « classique » du système juridique cohérent, rationnel, autonome et hiérarchisé.Cependant, l’émergence du droit du développement suscite des inquiétudes, des interrogations et des controversesinhérentes à sa portée juridique, sa gouvernance trop sophistiquée et aux limites structurelles du fait de l’affluenceconstante de normes et d’institutions toujours plus complexes. De plus, face aux pratiques différenciées des Etats, ilconvient de se demander s’il existe une réelle volonté commune de créer un « nouveau paradigme ». Par ailleurs,l’affirmation du droit du développement durable sur le plan international, régional et national nécessite la mise en placede stratégies de mise en oeuvre effective et efficace du droit développement durable et la participation accrue desdifférents acteurs publics et privés, des ONG, des collectivités territoriales et des organisations internationales dans laproduction et l’application dudit droit. Enfin, il convient de chercher les garanties et de nouvelles mesures de sanctionsafin d’assurer la conformité et le respect avec les normes inhérentes au développement durable, et d’éviter la crise delégitimité du développement durable et une rupture éventuelle des relations internationales
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BAUMGARTL, Bernd. "The green dream in the East: impediments to sustainable environmental policy in the Eastern European transition: the case of Bulgaria." Doctoral thesis, 1995. http://hdl.handle.net/1814/5199.
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Defence date: 27 October 1995Examining board: Prof. Susan Strange, University of Warwick (Supervisor) ; Prof. Volkmar Lauber, Universität Salzburg (Co-supervisor) ; Prof. Adrienne Héritier, European University Institute ; Prof. Winfried Lang, Mission Permanente d'Autriche, Genève ; Prof. Daniel Verdier, European University Institute
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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ALBI, Anneli. "Central and Eastern European constitutions and EU integration : in a decade from 'souverainism' to 'federalism'?" Doctoral thesis, 2003. http://hdl.handle.net/1814/4539.
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SODEV, Spas-Dimitrov. ""L'aspect européen de la notion de service public" : étude comparée portant sur la République Tchéque et la Bulgarie." Doctoral thesis, 2002. http://hdl.handle.net/1814/5634.
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Cloyd, James Timothy. "Trading technology with Eastern Europe and the U.S.S.R.: Power, interests, institutions, and discourse among allies." 1991. https://scholarworks.umass.edu/dissertations/AAI9207375.
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This dissertation analyses export control programs in the Western state system. The main focus is Western alliance collaboration on East-West technology transfer controls through COCOM. It examines post-1945 intra-alliance and intra-national perspectives on the relationship between East-West trade and Western security. Within four historical periods (1949-1964, 1965-1979, 1979-1989, 1989-1991) four questions are addressed: (a) How does the structural distribution of power and the nature of United States leadership affect collaboration on the form, the nature, and the enforcement of controls? (b) How does the nature of global economic competition affect Western alliance states' collaboration on and Western firms' compliance with export controls? (c) How does the nature and the distribution of power in intra-national politics on this issue affect United States policy and multilateral collaboration? (d) How does the nature of changing images and representations of security and threats to security affect United States policy and the nature of collaboration? The project thesis is that a multi-factor analysis is necessary for an appropriate understanding of the dynamics of discord and consensus over the terms of the Western alliance export control program. To conduct such an analysis the project draws on four theoretical frameworks: modified structural realism, a market explanation, institutionalism and discourse analysis. The study is a contribution to the literature on international relations theory, particularly the role of ideas in international policy collaboration. It draws on work in theories of language and discourse and microeconomic theories of contested exchange. The dissertation concludes that emerging opportunities regarding overall global security will result in a transformation of Western collaboration from East-West export control to a multi-directional technology transfer management system. The problems with this transformation and issues that must be addressed in a broader-based program (such as: the proliferation of missile, nuclear, and chemical weapons and environmental management) are considered.
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Matyumza, Mlamli Mncedi. "Conservation legislation in Transkei." Thesis, 1995. http://hdl.handle.net/10413/5740.
Full textAbstract:
Societies in Transkei, particularly those along the coast, are confronted to varying
degrees by the problem and prospects of having to be removed from the areas which
they have occupied for decades, sometimes from time immemorial, to make space for
government schemes intended for the conservation of the environment and its
resources, as determined by various conservation legislation (Chapters 3 and 4).
These people have to be settled in new areas which lack the natural resources which
they enjoyed in their old areas and on which they depended for their survival and their
traditional style of life. What exacerbates the situation is that these removals are not
accompanied by development programmes to compensate the people for their loss.
Furthermore, the establishment of these conservation areas does not offer any
incentives for them to appreciated and see the benefit of conservation (Chapters 5 and
6).
Furthermore, although some of the conservation legislation anticipates that there
should be consultations with, and participation by, the local people before the
conservation programmes are implemented in order for them to present their opinions,
it does not seem that the government officials charged with the control and
administration of the legislation comply with this requirement. The result is that these
conservation programmes are met with resistance from the local people, resulting in
the government failing to attain the objectives of the legislation.
This study will briefly deal with the history and development of conservation legislation
in Transkei from the Colonial era (Chapter 2), and examine the provisions of the
applicable conservation legislation during the self-government of Transkei including
its independence up to its reincorporation into South Africa during April 1994.Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1995.
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COTTA, Benedetta. "The "business" of compliance." Doctoral thesis, 2016. http://hdl.handle.net/1814/38944.
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Defence date: 12 January 2016Examining Board: Professor László Bruszt, European University Institute (EUI Supervisor); Professor Adrienne Héritier, European University Institute; Professor Wade Jacoby, Brigham Young University; Professor Frank Schimmelfenning, ETH Zürich.
The dissertation aims at understanding and explaining the existence of variation in sustainable compliance with EU legislation in two similarly rule-taking countries. The cases under examination are Hungary and Poland which have experienced a similar historical background, similar environmental problems and have been subject to similar EU conditions and requirements for accession. Nevertheless, the EU Annual Progress Reports and the Tri-Annual Monitoring Reports showed a variation in their compliance with European environmental requirements. The existing literature has explained this divergence by taking a supply-side approach, focusing on those state actors and incumbents who could decide to supply compliance or not. In particular, researchers of compliance and of Europeanisation have focused on differences in capacity limitations or incentives to domestic actors. These supply-side approaches, however, do not seem to fully explain the existing divergence between the performances of Hungary and Poland nor do they sufficiently tackle the issue of "sustainable compliance" in the post-Accession period. In my analysis, I instead explain variation in sustainable compliance by exploring demand-side explanations. To this end, the thesis explores the hypothesis of demand for compliance emerging on the part of stakeholders who recognise its potential for profitability and, thus, influence its sustainability. Its starting point is the Tsebelis' study on stakeholders which describes them solely as "veto players" along the road to compliance; however, this analysis demonstrates that there is also another dimension to the influence they may have. I build my hypothesis around the existence of such factors as market incentives and pre-existing cooperative strategies that make compliance convenient for stakeholders. Moreover, I consider the role played by external assistance and the existence of alliances between external and domestic stakeholders to improve the overall compliance performance of less-regulated countries. The study proves the significance of market incentives and pre-existing cooperative strategies in fostering sustainable compliance while showing how the two strong explanatory variables are interlinked: compliance is not a "business" per se. It has a potential to be made a "good deal" via cooperative strategies among diverse stakeholders creating a win-win settlement.
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Sobekwa, Aurelia Nosipo. "Analysis of the provisions of the Environmental Conservation Decree no.9 of 1992 (Transkei) for the conservation of marine resources with specific reference to patterns and problems of exploitation." Thesis, 1995. http://hdl.handle.net/10413/5768.
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PIQANI, Darinka. "Supremacy of EU law and the jurisprudence of constitutional reservations in central Eastern Europe and the Western Balkans : towards a holistic constitutionalism." Doctoral thesis, 2010. http://hdl.handle.net/1814/14527.
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Defence date: 11 June 2010Examining Board: Monica Claes (University of Tilburg); Bruno De Witte (EUI); Wojciech Sadurski (Supervisor, former EUI and University of Sydney); Marek Safjan (European Court of Justice, Luxembourg)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis explores how the principle of supremacy of EU law has been construed by the case law of constitutional courts of new member states in Central and Eastern Europe (CEE). The thesis analyzes the jurisprudence of constitutional reservations against the background of CEE countries as political entities with a regained sense of nationhood, ethnos and sovereignty and, in the light of a pattern of powerful and activist constitutional courts which have appeared willing to engage in domestic sensitive issues. Then, the interaction between national (constitutional) law and EU is transferred in the context of pre-accession adaptations in the Western Balkans, by analyzing the path towards Europe of Croatia and Albania. The thesis suggests that the jurisprudence of constitutional reservations in CEE often replicates that of other powerful constitutional courts in old member states, although it appears to be more receptive and less sceptical towards the unconditional supremacy of EU law. The thesis puts forward the idea of 'holistic constitutionalism' understood as the full commitment of national and EU institutions in achieving the aims of European integration on the basis of the treaty mechanisms, substantive guarantees and the common constitutional principles which are at place in Europe. The share responsibility of integration and adherence to common agreed constitutional principles among political actors, national governments, national parliaments, EU institutions and national (constitutional) courts would lead towards a less conflictual relationship between EU law and national constitutional law.
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Brown, Ross G(Ross Gordon). "A survey of Eastern Australian and some other approaches to legislative control of off-road vehicles : lessons and proposals for Tasmania." Thesis, 1987. https://eprints.utas.edu.au/18933/1/whole_BrownRossGordon1987_thesis.pdf.
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Rapidly changing social patterns and increasing standards of living
have brought about pronounced changes in the way in which leisure and
recreation time is utilized. This, combined with rapid technological
innovation in vehicle capabilities and manouverability, has brought
about a dramatic increase in human use pressure on the natural
environment.
Despite the relatively short time in which the incidence of off-road
vehicle impacts have been monitored and documented, there already
exists a large body of literature (particularly North American)
detailing the adverse and long term impacts of unrestricted vehicle
use.
That problems involving off-road recreational vehicles in Tasmania
occur as regularly as they do suggests that Tasmanian land use
management is failing to ensure that recreation vehicles are strictly
controlled in confined areas or restricted to properly designed
trails.
The frustrations of the land manager are continually experienced by
the author himself, through personal experience in bushland management
with the Parks and Recreation Department, Hobart City Council.
Persons caught driving illegally off-road usually protest ignorance of
the relevant vehicular restrictions. All, however, indicate a common
problem by asking: "where can I, legally, go?" That dilemma the
author, as the owner of an endro motor-bike, has also experienced,
when seeking off-road opportunities. The plethora of Tasmanian legislation dealing with the management of
Crown land contains provisions for regulation and control of
recreation vehicles. Despite this, officers in the land management
field are still confronted with enforcement problems. Indications
elsewhere are that specific control measures must be implemented.
It is argued, drawing on lessons from the states of mainland Australia
(and elsewhere), that problems posed by off-road recreational vehicles
can be best ameliorated by the formulation of strict guidelines for
land administering authorities to follow in drawing up regulations for
application to recreational use of vehicles on public land. It is
also argued that Tasmania should introduce specific legislation,
possibly based on similar legislation elsewhere in Australia or
overseas (perhaps the USA in particular, where considerable planning
and legislation for off-road recreational vehicles has already been
effected).
A 'bundle' of strategies is suggested. Initially, a policy and
strategy with definite objectives must be formulated. Specific
legislation, while necessary, must be backed by determined enforcement
and prosecution. Just as important is the role of education in
changing community attitudes. Control provisions which foster the
latter objective require urgent implementation.
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Boonzaier, Christian George. "Impact of the identification and survey of the administrative area boundaries process on the implementation of the communal land rights act : a case study of the Eastern Cape Province." Thesis, 2006. http://hdl.handle.net/10413/3331.
Full textAbstract:
Numerous land reform policy instruments and initiatives that have been implemented since the beginning of the 1990's are mediating the on-going battle between formal land tenure systems and informal customary land tenure arrangements. The policy instruments and initiatives seek to establish a delicate balance that will suit the diverse needs of the population of South Africa with respect to land. The enormity of this task is evident when one is faced with the reality that South Africa has the third highest Gini index (a measure of inequality in the distribution of land) in the world. The Eastern Cape Province is one of the poorest provinces in South Africa, and has been affected most by the land segregationist and homeland policies of previous colonial and apartheid regimes. It is not only the unequal distribution of land, but also the vast array of insecure tenure arrangements that have had a detrimental effect on the development and empowerment of communities resident on communal land. This research analyses one initiative that intends to strengthen the security of tenure of existing occupants of communal land in the remote rural areas of the Eastern Cape Province. The research critically appraises the Administrative Area Boundary Project of the Department of Land Affairs (that aims to identify and complete the formal surveys of all administrative area boundaries in the Eastern Cape) in the light of the intentions of the Communal Land Rights Act (No. 11 of 2004) (CLaRA), and highlights the challenges in formalising the informal tenure arrangements of occupants of communal land. The different aspects of the Administrative Area Boundary Project (both office work and field work) were evaluated in order to determine not only its feasibility, but also its impact as an effective instrument of land reform in its endeavour to provide secure land rights to millions of South Africans residing in former homeland areas. To this end, both desktop and case study methodologies were used in order to collect and analyse the research data.Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.
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Bubelíny, Ľubomír. "Lov a jeho právní úprava." Doctoral thesis, 2014. http://www.nusl.cz/ntk/nusl-332371.
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Presented dissertation thesis focuses on legal regulation of hunting in the Czech Republic, Slovak Republic, Poland and Germany. Due to the fact that the hunting legislation is largely a matter of national law, the work discusses about the fundamental institutes of legal regulation of hunting wild animals (games and fishes). Institutes common to all the countries are the term "game" and the protection of the gene pool. Along with legal regulation of hunting shall be considered property right and its relation to the enforcement of hunting or fishing rights. The common feature of all the legislation is to determine the conditions under which natural persons may hunt or fish, hunting periods, hunting methods, and regulation of the establishment and use of hunting districts. National legislation of hunting and fishing, as is the case in other areas of law, cannot be isolated from the effects of international law and EU law, therefore work also provides an overview of the basic acts of international and supranational law affecting hunting and fishing. In conclusion, the work offers the author's de lege ferenda opinions.
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Bork, Alexandre. "Scenarios for the future of the European legal sector, in the context of disruptive technologies, and its implications for the national association of young Portuguese lawyers (Anjap): framing, scoping & External environmental scanning." Master's thesis, 2021. http://hdl.handle.net/10362/130984.
Full textAbstract:
In the following Work Project, scenarios were developed based on scientific analysis and dealt with how the working environment of European lawyers could potentially develop in the future. The initial phases consisted of framing the focal issue, establishing a suitable time horizon, and performing an expert-examined external environment research. Then, a survey was conducted to build the foundational framework of scenarios and future strategies for the National Association of Young Portuguese Lawyers (ANJAP)
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Mahlangabeza, Neliswa Joyce. "Perceptions of local communities on legislation governing the use of natural resources in Coffee bay and Hole in-the wall, Mqanduli, Eastern Cape, South Africa." Diss., 2016. http://hdl.handle.net/10500/20677.
Full textAbstract:
The study was aimed at assessing perceptions of local communities on the use of coastal natural resources in Coffee Bay and the “Hole in-the Wall” area. The environmental impact caused by non–compliance with environmental legislation was also assessed. Data was obtained through interviews conducted with members of 50 households chosen randomly and questionnaires that were distributed to government departments in charge of the resources. The study found that due to high illiteracy and unemployment in the area, people were compelled to use the available coastal natural resources to satisfy their basic needs. About 70% of them were aware of the legislation but felt they could not comply with it since they had not been consulted. The study’s recommendations are that the community should be consulted on legislation, more environmental awareness campaigns should be conducted and government plans should be aligned in terms of service deliveryEnvironmental Sciences
M.Sc. (Environmental Management)