Journal articles on the topic 'Environmental risk assessment – Law and legislation'
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Karczewska, Anna, and Cezary Kabała. "Environmental risk assessment as a new basis for evaluation of soil contamination in Polish law." Soil Science Annual 68, no. 2 (June 1, 2017): 67–80. http://dx.doi.org/10.1515/ssa-2017-0008.
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Abstract This paper discusses new regulations on the assessment of soil contamination and the principle rules for remediation of contaminated sites included in the Environmental Protection Act, amended in 2014., as well as in related implementing legislation of 2016. In place of soil quality standards and the requirement to bring soil to the state that meets the standards, the new rules of contamination assessment and new remediation criteria have been introduced, based on environmental risk assessment. Similar rules are becoming increasingly common in many countries. This article provides general knowledge on the principles for the assessment of environmental risks associated with soil contamination, taking into account its two fundamental aspects: human health risk and environmental risk. On this background, the paper presents the principles of the assessment on soil contamination contained in the Regulation 1395 (2016) of the Minister of the Environment, as well as the rules for the choice of remediation method and design of remedial actions that should be basically aimed to eliminate the risk to human health and the environment.
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Ignatyeva, Inna A. "Environmental Assessment in Russian Law: Can It Promote Sustainable Development in the Russian Arctic?" Yearbook of Polar Law Online 5, no. 1 (2013): 321–36. http://dx.doi.org/10.1163/22116427-91000128.
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Abstract The current plans of the Russian Federation to intensify significantly economic and other activities in Russian Arctic include the widespread exploitation of Arctic natural resources. At the same time, however, high vulnerability of the Arctic environment has been recognized in the country’s legislation. The plans for development in such a vulnerable region as the Arctic give rise to concern as to how it can be realized sustainably. For this reason, it is useful to examine one legal tool of environmental protection, an environmental assessment (EA) procedure, since this institution at least provides the possibility to enable the exploitation of Arctic’s natural resources in a way that protects the environment. Yet, as the article will point out, the conditions for effective EA have been in recent years severely limited, which can be seen in the current legislation. It is hence justifiable to be concerned of the future of Arctic vulnerable environment and, as the article proposes, restore some of the elements of the past EA legislation, which enable a stronger EA mechanism.
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Han, Kangning, and Shoucheng Zhang. "Realization of Preventive Function of Environmental Law in the Governance of Risky Society: Based on the Article 39 of the “Environmental Protection Law of the People’s Republic of China”." E3S Web of Conferences 272 (2021): 01025. http://dx.doi.org/10.1051/e3sconf/202127201025.
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The protection of public health is one of the legislative purposes of China’s environmental legal system. The “Environmental Protection Law” puts forward the legal goal of “establishing and improving the environment and health monitoring, investigation and risk assessment system”, and incorporates the environmental health risk assessment system into the environment Protect the scope of basic systems, but China’s existing environmental monitoring, environmental impact assessment, and environmental standards cannot achieve the functions of environmental and health risk prevention and regulation. It is necessary to build an environmental health risk assessment system with Chinese characteristics from both physical and procedural aspects.
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Ситдиков, Рустэм Наилевич, and Елена Алексеевна Вайчулис. "Environmental risk assessment in the work performance at the construction facilities." SCIENCE & TECHNOLOGIES OIL AND OIL PRODUCTS PIPELINE TRANSPORTATION, no. 3 (August 25, 2021): 320–27. http://dx.doi.org/10.28999/2541-9595-2021-11-3-320-327.
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Соблюдение требований законодательства Российской Федерации и международных соглашений по охране окружающей среды является обязательным при выполнении всех видов строительно-монтажных работ. Организация эффективного производственного (строительного) контроля за соблюдением требований экологической безопасности позволяет минимизировать риски аварий, инцидентов, отказов оборудования, избежать штрафов, сверхлимитных платежей, репутационных потерь. С целью снижения природоохранных нарушений при проведении работ на объектах строительства предложено применение риск-ориентированного подхода в рамках производственного контроля. Для расчета показателя риска авторами проведен анализ нарушений природоохранного законодательства, определены значимые расчетные параметры, разработаны формы проверочных листов контроля соблюдения требований природоохранного законодательства подрядной организацией при проведении строительных работ. Апробация риск-ориентированного подхода осуществлена на объектах технического перевооружения организаций системы «Транснефть». По результатам апробации даны предложения для внесения изменений в нормативную документацию ПАО «Транснефть». Compliance with the Russian Federation law and international agreements on environmental protection is mandatory when performing all types of construction and installation work. Organization of effective production (construction) control over compliance with environmental safety requirements allows minimizing the risks of accidents, incidents, equipment failures, fines, extrabudgetary payments, and reputation losses. In order to reduce environmental violations during construction site works, it is proposed to apply a risk-based approach within the production control framework. In order to calculate the risk indicator, the authors analyzed violations of environmental legislation, identified significant design parameters, developed checklists for monitoring compliance with environmental laws by the contractor during construction works. Appraisal of the risk-based approach was conducted at the Transneft system entities’ retrofitting facilities. Based on the results of appraisal, proposals for amending the Transneft PJSC regulatory documents were made.
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Cole, D. A. "ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS." APPEA Journal 35, no. 1 (1995): 813. http://dx.doi.org/10.1071/aj94058.
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Increasing petroleum activity in Australia's offshore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Territory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sensitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. Despite the recent Intergovernmental Agreement on the Environment, substantial ultimate power resides with the Commonwealth to protect the environment, particularly through the use of the external affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.
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Karelin, Aleksandr O., A. Yu Lomtev, G. B. Yeremin, N. A. Mozzhukhina, and P. A. Ganichev. "Legal analysis of the use of health risk assessment in the field of sanitary and epidemiological well-being of the population." Hygiene and sanitation 99, no. 6 (July 29, 2020): 624–30. http://dx.doi.org/10.47470/0016-9900-2020-99-6-624-630.
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In recent years, when regulating relations in the field of ensuring the sanitary and epidemiological well-being of the population, risk-oriented supervision, and the population health risk assessment have been increasingly applied. The usage of these effective tools requires a clear legal framework. The article represents the analysis of the legal aspects of the usage of public health risk assessment and risk-based control (surveillance) in the field of the sanitary-epidemiological well-being of the population in the Russian Federation. Special attention is drawn to the problems of applying the methods for state sanitary-epidemiological surveillance. The analysis of draft laws related to this area and the legislation and experience of other countries is performed. The analysis of modern legislative changes regarding the application of risk-based supervision and the application of public health risk assessment allows concluding that the methodology for health risk assessment is an important tool in regulating relations in the field of ensuring the sanitary and epidemiological well-being of the population. Currently, there is a certain legal and regulatory framework for its use. But it needs improvement. As the experience of the “regulatory guillotine” carried out in many countries shows, this procedure allows eliminating many contradictions existing in regulatory legal acts. A risk-based approach is enshrined in the legislation of all EAEU member countries. At the same time, an analysis of the regulatory framework showed that a risk-oriented model was formed to a greater extent and is functioning in terms of classification (categorization) by the risk of harm to the health of legal entities (LE), individual entrepreneurs (IP) or their activities than risk-based supervision of products traded in the consumer market. The transition to a new model of state control (supervision) requires legal consolidation of the risk management system in the law on sanitary and epidemiological well-being and taking into account the experience of the EU and EAEU countries in this area.
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Broomandi, Parya, Mert Guney, Jong Ryeol Kim, and Ferhat Karaca. "Soil Contamination in Areas Impacted by Military Activities: A Critical Review." Sustainability 12, no. 21 (October 29, 2020): 9002. http://dx.doi.org/10.3390/su12219002.
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Military activities drastically affect soil properties mainly via physical/chemical disturbances during military training and warfare. The present paper aims to review (1) physical/chemical disturbances in soils following military activities, (2) approaches to characterization of contaminated military-impacted sites, and (3) advances in human health risk assessment for evaluating potential adverse impacts. A literature search mainly covering the period 2010–2020 but also including relevant selected papers published before 2010 was conducted. Selected studies (more than 160) were grouped as follows and then reviewed: ~40 on the presence of potentially toxic elements (PTEs), ~20 on energetic compounds (ECs) and chemical warfare agents (CWAs), ~40 on human health risk assessment, and generic limits/legislation, and ~60 supporting studies. Soil physical disturbances (e.g., compaction by military traffic) may drastically affect soil properties (e.g., hydraulic conductivity) causing environmental issues (e.g., increased erosion). Chemical disturbances are caused by the introduction of numerous PTEs, ECs, and CWAs and are of a wide nature. Available generic limits/legislation for these substances is limited, and their contents do not always overlap. Among numerous PTEs in military-impacted zones, Pb seems particularly problematic due to its high toxicity, abundance, and persistence. For ECs and CWAs, their highly variable physiochemical properties and biodegradability govern their specific distribution, environmental fate, and transport. Most site characterization includes proper spatial/vertical profiling, albeit without adequate consideration of contaminant speciation/fractionation. Human health risk assessment studies generally follow an agreed upon framework; however, the depth/adequacy of their use varies. Generic limits/legislation limited to a few countries do not always include all contaminants of concern, their content doesn’t overlap, and scientific basis is not always clear. Thus, a comprehensive scientific framework covering a range of contaminants is needed. Overall, contaminant speciation, fractionation, and mobility have not been fully considered in numerous studies. Chemical speciation and bioaccessibility, which directly affect the results for risk characterization, should be properly integrated into risk assessment processes for accurate results.
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Afzal, Muhammad Salman, Furqan Tahir, and Sami G. Al-Ghamdi. "Recommendations and Strategies to Mitigate Environmental Implications of Artificial Island Developments in the Gulf." Sustainability 14, no. 9 (April 22, 2022): 5027. http://dx.doi.org/10.3390/su14095027.
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Artificial island development (AID) to tackle rampant urbanization on scarce land puts all marine biodiversity at huge risk and is recognized as a global conservation issue worldwide. This study critically reviews the gaps that undermined biodiversity and ecology during construction activities of the artificial islands in the Gulf region that could be alleviated if apposite environmental values and sustainable strategies of different regions of the world had paid enough heed to economic and social aspects. The method used for this study was an analytical descriptive literature survey, and the resources were chosen after three phases of quality assessment. This survey found various barricades to sustainable AID, such as lack of scientific data, adequate site selection, ineffective environmental evaluations, noncompliance with legislation, and economic gains over the environmental aspects. It was concluded that to protect the marine ecosystem from inevitable degradation, strict compliance with international and national legislation, research and baseline data collection, strengthening of the existing environmental assessment, continuous capacity building, and modern practices of different countries should be brought to the forefront. Furthermore, this study aims to provide guidance to policymakers and governmental organizations to mitigate emerging environmental issues during AID through strategic decision-making processes.
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Popovych, Tetiana G., Oleksandr V. Bezukh, Hryhoriy I. Trofanchuk, and Tetiana B. Pozhodzhuk. "Economic Law and Standardization: A Basis for Avoiding Risks in Business." International Journal of Criminology and Sociology 10 (December 31, 2020): 440–49. http://dx.doi.org/10.6000/1929-4409.2021.10.52.
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Currently, in Ukraine, there is a system of technical regulation as part of the general system of standardization. Technical regulation is defined as a means of state regulation, which, like any legal regulation, is implemented by appropriate legal means. This explains the relevance of this study. This paper investigates the Economic Code of Ukraine, several Ukrainian laws (the Law of Ukraine "On Environmental Audit", the Law of Ukraine "On Standardization", the Law of Ukraine "On Technical Regulations and Conformity Assessment", etc.), and State standards. Technical regulation was also considered as a general category and a legal phenomenon, as a result of which it was noted that the technical regulation adopted in Ukraine for dividing products into food and non-food products is only a matter of supervision over the conformity of goods and the use of conditions for a specific legal act and type of product. It was concluded that standardization proceeds from social regulation and generates norms of a technical, organizational, or other orderly nature, transforming into legal provisions. Therewith, technical regulation also derives from legal regulation and gives rise to technical guidelines, which constitute statutory regulations that form part of the national legislation of Ukraine, including economic legislation. As a result, it is proposed to improve and supplement the wording of Part 2 Article 16 of the Law of Ukraine "On Standardization", and it is also proposed to reword Article 24 of the Law of Ukraine "On Technical Regulations and Conformity Assessment".
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Zhavoronkova, N. G., and V. B. Agafonov. "Theoretical and Methodological Problems of Legal Support of Ecological, Biosphere and Genetic Safety in the System of National Security of the Russian Federation." Lex Russica 1, no. 9 (September 26, 2019): 96–108. http://dx.doi.org/10.17803/1729-5920.2019.154.9.096-108.
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The paper is devoted to the study of theoretical problems of legal provision of ecological, biosphere and genetic security in the system of national security of the Russian Federation. It is noted that from the legal point of view the process of «legitimization» of the term (concept) of environmental safety has been successfully completed. This term is widely used in legislation and law enforcement practice, however, the term «environmental safety» still does not have a pronounced context, distinguishable, for example, from the terms «environmental protection», «environmental risk», «sustainable development». If there is a legitimate (conservative) understanding of environmental safety, there is still no modern legal and clear, unambiguous and essential content of the concept of «safety» (including genetic, biological, biosphere, evolutionary and other currently relevant types of safety). Attempts to define safety (along with vulnerability) through threats, damages, stability, losses, have the right to exist, but do not give adequate and substantial sense. Based on the analysis of the current legislation and strategic planning documents, it is concluded that new theoretical and methodological approaches to the understanding of both the basic concept of «safety» and the concept of «environmental safety» are required. According to the authors, due to the emergence of new global challenges and threats (genetic, biosphere, biological, climatic, etc.) in a specific law it is advisable to revise the underlying definition of environmental safety, stressing its specificity. It is important to form the conceptual framework, including the definition and assessment of threats, risks; to select standards and methods of evaluation, classification of threats, their records; to provide for the variability of action of state authorities and local self-government in case of security threats and also the mechanism of participation of citizens and public associations in environmental decision-making on issues of environmental safety.
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Obbard, Jeff. "A Basic Introduction to Pollutant Fate and Transport-An Integrated Approach with Chemistry, Modeling, Risk Assessment, and Environmental Legislation." Journal of Environmental Quality 35, no. 4 (July 2006): 1630–31. http://dx.doi.org/10.2134/jeq2006.0012br.
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Alharbi, Badr H., Mohammad J. Pasha, and Mohammed Ahmad S. Al-Shamsi. "Metal contamination decrease with new legislation: A decade of metal risk assessment in urban dust." Journal of Environmental Management 236 (April 2019): 214–23. http://dx.doi.org/10.1016/j.jenvman.2019.01.062.
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Black, Robert. "Reforming Biosecurity Legislation in Developing Countries: Increasing Market Access or Maintaining Unequal Terms of Trade?" Journal of World Trade 53, Issue 5 (October 1, 2019): 833–54. http://dx.doi.org/10.54648/trad2019033.
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This article explores the challenges faced by developing and transitional countries (For the purposes of this article, Former Soviet Union (FSU) countries now mostly in the Commonwealth of Independent States (CIS), with the exception of the Russian Federation itself, are included in the term ‘developing countries’.) in international trade in agricultural goods and other natural resource products in compliance with the normative framework of the World Trade Organisation, and in particular of the Agreement on the Application on Sanitary and Phytosanitary Measures (‘SPS Agreement’). It details the legislative and administrative measures, as justified by ‘scientific evidence’ and ‘risk assessment’, that a WTO member may take to prevent the importation of unsafe food and animal feed, and pests and disease organisms. As well as considering the policy implications and constraints to relevant legislative reform, the article also draws on the author’s experience in biosecurity legislative review and drafting in Africa, Caribbean, Eastern Europe and Central Asia using the umbrella concept of ‘biosecurity’ to reflect on the challenges facing drafting of legislation consistent with the normative international frameworks for biosecurity. Taken into account is the impact of the SPS Agreement on the terms of food trade imposed on developing countries and the connection between international trade and environmental protection.
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Shith, Syabiha, Nor Azam Ramli, Muhammad Rizal Razman, Amni Umirah Mohamad Nazir, Nazatul Syadia Zainordin, and Wesam Al Madhoun. "Procedural Effects of Environment Impact Assessment on Controlling Natural Disaster (Landslides and Flashflood) Based on Environmental Degradation from Development in Malaysia." International Journal of Environmental Science and Development 12, no. 9 (2021): 274–81. http://dx.doi.org/10.18178/ijesd.2021.12.9.1351.
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Environmental impact assessment (EIA) is a preemptive tool used by engineers, environmental consultants and planners to avoid the most likely adverse consequences of development projects. As a planning tool, EIA should curb the harmful effects from all stages of a project lifecycle. Landslides and flash floods are the most common problems faced by Malaysians almost yearly due to rapid development, especially that involving modification of watercourses, clearing of land and projects on hill slopes. Despite such issues, existing legislation and new guidelines have been enacted by the Malaysian government and must be followed by any proposing project team before starting development projects. The Department may have accepted an EIA report of the project. Still, several developments may have neglected the guidelines, especially during construction involving earthworks and exposure of the surrounding environment, place and people to a high risk of disaster caused by mishaps and accidents. The incidence of landslides and flash floods as reported in newspapers, journals, reports and books since 1919 is explored in this study to determine the details of the losses and locations. Despite the enactment of the new EIA law, landslides and flash floods continue to occur. This situation justifies the need to revise the approach based on sizes and include other factors, namely, the risk indices for disaster to happen and the effectiveness of EIA in reducing disaster risks in projects.
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Krasnova, I. O. "Economic Measures to Limit Greenhouse Gas Emissions: A Comparative Legal Context." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 30, 2022): 104–13. http://dx.doi.org/10.17803/2311-5998.2022.93.5.104-113.
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The article gives an assessment and, in a comparative legal context, analyzes the emerging Russian legislation aimed at reducing greenhouse gas emissions. The carbon regulation system is based on the introduction of an innovative for environmental law procedure for trading greenhouse gas emissions. The review and analysis of international agreements on climate is given. It is concluded that the current agreements do not prescribe the introduction of a legal mechanism for trading in carbon units, since the Kyoto Protocol has not been in force with respect to Russia since 2012. The main influence on the development of domestic legislation is exerted by the climate legislation of the European Union. Comparisons of recent federal emission control laws show some discrepancies with the EU. Criticisms are expressed that create risks of reducing the effectiveness of laws, and proposals are made on the integration of legal measures to limit emissions into the general legal model of environmental protection.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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РАNСНENKO, O. "Current issues of cyber threat risk assessment: analysis of foreign experience." INFORMATION AND LAW, no. 4(39) (December 9, 2021): 106–12. http://dx.doi.org/10.37750/2616-6798.2021.4(39).248824.
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The article considers topical issues of cyber threat risk assessment. It contains an analysis of the Law “On Basic Principles for providing of Cyber Security of Ukraine”, the Cyber Security Strategy of Ukraine and other legislative acts for providing on cyber security. The main approaches to determining the assessment of cyber threats are considered. The best examples of foreign practice of cyber threat risk assessment are analyzed, the most effective national systems of their assessment are revealed. It is concluded that multi-level risk and threat assessment systems are most effective when the relevant analysis is conducted at both the national and regional and/or local levels.
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Chmelová, Eliška, Vojtech Kolar, Jiří Jan, Bruno M. Carreira, Andrea Landeira-Dabarca, Šárka Otáhalová, Martina Poláková, et al. "Valuable Secondary Habitats or Hazardous Ecological Traps? Environmental Risk Assessment of Minor and Trace Elements in Fly Ash Deposits across the Czech Republic." Sustainability 13, no. 18 (September 17, 2021): 10385. http://dx.doi.org/10.3390/su131810385.
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Deposits of coal combustion wastes, especially fly ash, are sources of environmental and health risks in industrial regions. Recently, fly ash deposits have been reported as habitat surrogates for some threatened arthropods in Central Europe. However, the potential environmental risks of fly ash have not yet been assessed in the region. We analysed concentrations of 19 minor and trace elements in 19 lignite combustion waste deposits in the Czech Republic. We assessed their environmental risks by comparison with the national and EU legislation limits, and with several commonly used indices. Over 50% of the samples exceeded the Czech national limits for As, Cu, V, or Zn, whilst only V exceeded the EU limits. For some studied elements, the high-risk indices were detected in several localities. Nevertheless, the measured water characteristics, the long-term presence of fly ash, previous leaching by acid rains, and the low amount of organic matter altogether can infer low biological availability of these elements. We presume the revealed high concentrations of some heavy metals at some studied sites can be harmful for some colonising species. Nevertheless, more ecotoxicological research on particular species is needed for final decision on their conservation potential for terrestrial and freshwater biota.
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Zębek, Elżbieta. "Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 356–73. http://dx.doi.org/10.21638/spbu14.2021.207.
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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.
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WALMSLEY, JAMES DANIEL, and ALAN BOND. "AN ASSESSMENT OF THE ROLE OF ENVIRONMENTAL REPORTING IN SUPPORTING SHARE VALUES IN FTSE100 COMPANIES." Journal of Environmental Assessment Policy and Management 05, no. 02 (June 2003): 149–82. http://dx.doi.org/10.1142/s1464333203001334.
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This paper explores the relationship between corporate environmental reporting and share price performance amongst companies in two industry groups listed on the UK FTSE (Financial Times Stock Exchange) 100 as of the 30th July 2001. The hypothesis tested is that the production of good quality corporate environmental reports (CERs) benefits company share price, by demonstrating to investors an awareness of risk, liability, legislation and opportunities as well as providing a collection of policy, impacts, temporal trends, targets and commitment. Some other studies in this area have concluded that a positive relationship exists between corporate environmental management and performance (including environmental reporting) and share value. The results of this paper differ however, and show that on average, the production of environmental reports by FTSE100 companies (in the energy and utilities and financial services sectors) has not lead to improved historical share price performance when compared to non-reporting companies, although there is strong evidence for reduced volatility of share price. Results for sector performance varied from those obtained from individual company level. The two companies assessed as producing the best reports in their industry sector outperformed both the FTSE100 benchmark, and many of their competitors for the five-year period studied. Whilst there are many benefits to be gained by listed companies through environmental reporting, such as enhancing image and improving public and investor opinion, a positive attitude to the environment, as demonstrated through environmental reporting, can provide an indication of a truly strategic approach to business. Yet there are so many factors involved, it is not possible from the results to conclude that environmental reporting supports share value.
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Bejinariu, Costica, Doru-Costin Darabont, Diana-Petronela Burduhos-Nergis, Alin-Marian Cazac, and Cristiana Chiriac-Moruzzi. "Considerations Regarding the Application of the Occupational Injury and Illness Risk Assessment Method at Workplaces/Workstations, in Relation to the ISO 45001 Standard." Sustainability 15, no. 3 (January 22, 2023): 2121. http://dx.doi.org/10.3390/su15032121.
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European legislation stipulates the obligation to carry out a risk assessment for each job, as well as the application of measures to prevent these occupational risks. Therefore, taking into account the importance of risk determination at the workplace for the prevention of work accidents and occupational diseases, this paper proposes the digitization of a risk assessment method. The application of the occupational injury and illness risk assessment method begins with a document that contains a description of the company (name, location, domain of activity, organization chart, etc.), a description of the work system detailing its components and a brief description of the assessment method. Next follows a Microsoft Excel document that performs the actual application of the method. Finally, another document presents the list of measures that lead to the implementation of the prevention and protection plan. This paper presents the code design of the Microsoft Excel document, an essential part in the application of the method of assessing the risks of occupational injury and illness. The document is structured on a variable number of worksheets, which present the different types of occupational injury and illness based on risks on the components of a work system. The digitalization of the risk assessment method reduces the time allocated to the evaluation without affecting its quality.
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Azoulay, David, and Vito Buonsante. "Regulation of Nanomaterials in the EU: Proposed Measures to Fill in the Gap." European Journal of Risk Regulation 5, no. 2 (June 2014): 228–35. http://dx.doi.org/10.1017/s1867299x00003652.
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This report discusses a proposal fromthe Center for International Environmental Law(CIEL), ClientEarth and Friends of the Earth Germany (Bund) on the regulation of nanomaterials in the European Union. It discusses in particular, the proposal for a horizontal regulation on nanomaterials (also referred to as a nano-patch for existing legislation) that would fill in the regulatory gap on nanomaterials. The proposal goes beyond a review of the REACH text and encompasses all EU legislation relevant to nanomaterials. The proposed instrument would amend the REACH text with delimitation in scope to all areas relevant to nanomaterials (on the model of Regulation 1272/2008 on the classification, labelling and packaging of chemicals). The main aim of the regulation is to ensure that hazard, risk and exposure assessments for all forms and uses of such materials are adequately carried out and taken into consideration.
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Bleeker, Arne. "Does the Polluter Pay? The Polluter-Pays Principle in the Case Law of the European Court of Justice." European Energy and Environmental Law Review 18, Issue 6 (December 1, 2009): 289–306. http://dx.doi.org/10.54648/eelr2009024.
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The principle that the “polluter should pay” has been one of the guidelines of EC environmental policy for decades. Nonetheless, a number of problems continue to stand in the way of its effective application. Most importantly, the principle itself does not define who the polluter is, what pollution is or to what extent the polluter needs to pay. This article is an assessment of the role the European Court of Justice (ECJ) has played in answering these questions. It is argued that the Court has adopted an extensive interpretation of the principle, especially in the recent Erika judgment. In that sense, the ECJ has certainly contributed to a more effective and enforceable polluter-pays principle in the EC legal order. However, the impact of the ECJ’s interpretation is of course limited by the boundaries set by EC legislation. Policies are needed to move towards a European Union in which the polluter actually does pay. Judgments can only serve to buttress and clarify such legislation. This article provides a comprehensive analysis of the three main cases in which the ECJ has been called upon to interpret the polluter-pays principle (Standley, Van de Walle and Erika). The focal point is the Erika judgment, as this is both the most recent and most far-reaching. In all three judgments, the Court emphasizes that any application of the principle has to be proportional. Polluters cannot be asked to pay for pollution damage beyond their contribution to the creation of that pollution. The Court has not shied away from defining “pollution” in a broad sense in both Van de Walle and Erika. Establishing who the “polluter” is, however, has proven far more difficult. Of particular interest is whether the producer of the product might be held liable in the case of the accidental creation of pollution, such as an environmental disaster. In the Erika case, the Court very significantly introduces a risk liability standard; product producers might be deemed “polluters” solely on the basis of their contribution to the risk of pollution. This is a significant development from Van de Walle, in which the Court considered a direct causal link or negligent behaviour necessary for product producer liability. In addition, Erika underlines that Member States cannot limit the scope of the polluter-pays principle in EC secondary legislation, even if this leads to a contradiction with a Member State’s international obligations such as the International Oil Pollution Compensation regime. In short, the Erika judgment builds on Standley and Van de Walle but adds significant impetus to the polluter-pays principle at the EC level. However, the risk liability standard it establishes will be difficult to apply and it remains to be seen how the legislator will react to the Court’s extensive interpretation.
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Baduy, Flavia, João L. Saraiva, Filipe Ribeiro, Adelino V. M. Canario, and Pedro M. Guerreiro. "Distribution and Risk Assessment of Potential Invasiveness of Australoheros facetus (Jenyns, 1842) in Portugal." Fishes 5, no. 1 (December 27, 2019): 3. http://dx.doi.org/10.3390/fishes5010003.
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Invasive species are recognized as a major cause of biodiversity decline. Legal regulations relating to the prevention, control, or eradication of invasive species should always be up-to-date, as the failure to recognize the problem, lack of adequate scientific information, or long legal intervals required to prepare the legislation may result in irreversible, possibly catastrophic, outcomes. This implies constant monitoring of the species distribution and levels of establishment, as well as detailed knowledge about its biology to predict dissemination and viability under changing environmental conditions. Pre-screening kits for potential invasive species are valuable tools for policy makers, as they provide information about if and how management measures should be taken. The Freshwater Fish Invasiveness Scoring Kit (FISK) and the Aquatic Species Invasiveness Screening Kit (AS-ISK) have been suggested as reliable tools to assess the potential risk of a species becoming invasive. The present study highlights the spread of the non-native chameleon cichlid Australoheros facetus in several streams of the major river drainages in southern Portugal and compares the fish assemblages and ecological indices in two selected sites in the Vascão and Odelouca rivers. We reviewed the current knowledge on the distribution, physiology, and behavior of A. facetus, and applied the toolkits FISK v2 and AS-ISK to this species to evaluate whether the species should be classified as invasive in Portugal. Field data show high abundance of the species in most streams and dominance in specific hotspots. The scores reached by the kits (FISK v2: 23; AS-ISK: 37) places A. facetus as a species with high potential of invasiveness and support the recent inclusion of this species in the invasive species list in Portugal (Decree-Law 92/2019), but, most of all, highlights the importance of frequent updates in both the field monitoring and the legal regulation and watch lists of invasive organisms.
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Niemiec, Marcin, Monika Komorowska, Anna Szeląg-Sikora, Jakub Sikora, Maciej Kuboń, Zofia Gródek-Szostak, and Joanna Kapusta-Duch. "Risk Assessment for Social Practices in Small Vegetable farms in Poland as a Tool for the Optimization of Quality Management Systems." Sustainability 11, no. 14 (July 18, 2019): 3913. http://dx.doi.org/10.3390/su11143913.
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Globalization of the food market is associated with the possibility of selling products into newer markets. However, it is also associated with the necessity to ensure proper quality products. Quality defined by the ISO 9001:2015 standard consists of factors that are part of customers’ expectations concerning the safety of products and the technology of their manufacture. Currently, consumers are looking for products with defined and reproducible sensory properties, in which the content of harmful substances is below the critical values specified by legislation. This is observable particularly in developed countries. The second quality factor is the use of a production technology where negative environmental impacts are reduced. Recently, issues associated with protecting workers’ rights and social needs have also become very important. In successive versions of quality management systems, such as GLOBAL G.A.P. or SAI Platform, social issues are becoming more and more important. The aim of this study was to assess the role of risk analysis for social practices in small farms in building a quality management system. Surveys were conducted in 2018. The surveys covered 62 vegetables or fruit farms with a cultivated area of up to 20 ha. Their lack of staff was due to the character of production. Where mechanic production is possible in small farms, family members can secure workforce demand. To achieve the research objective, a risk analysis was carried out for the implementation of social practices according to the guidelines of the ISO 31000:2018 standard. The criteria and inventory of identified risks were carried out, based on the guidelines of GLOBAL G.A.P. Risk Assessments on Social Practice (GRASP). Based on the identified risks, the areas relating to social practices, which require improvement in order to satisfy compliance with the GLOBAL G.A.P. standard, were indicated. The results of the conducted research pointed to a high risk of good social practices not being carried out and not meeting compliance with the requirements of the GLOBAL G.A.P. standard. The most important identified problems are associated with the deficiency of competent workers as well as the lack of facilities where workers can rest, eat and drink. A considerable problem is the conformity of employment contracts with local legislation and ensuring that work time and rest time are consistent with the law. In conditions of small farms in Poland, the problem with ensuring compliance with the standard in question is often the small number of workers. Creating an organized quality management system in the area of social practices is difficult in these cases, and sometimes even impossible.
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Yudin, Egor Vital'evich. "Medical genetic technologies in the biosafety system: a risk-based approach." Право и политика, no. 7 (July 2022): 1–12. http://dx.doi.org/10.7256/2454-0706.2022.7.38469.
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The subject of the research is the legal mechanisms of regulation of public relations in the field of medical genetic technologies as an element of the biological security system of Russia. The purpose of the reasearch is to analyze the legal regulation of medical genetic technologies as an integral part of biosafety, taking into account their inherent features, to identify an assessment of the effectiveness of existing rationing mechanisms and to propose new more effective legal mechanisms. The methodological basis of the research consists of general scientific and special methods. The general scientific methods include system, structural-functional, formal-logical (deduction, induction, analysis, synthesis) methods. To achieve the purpose of the research work, special methods of legal science are also used: formal legal, legal modeling and others. The result of the research was the identification of a low-effective legal mechanism for regulating medical genetic technologies as an integral part of biosafety existing in domestic legislation. In this regard, we have proposed some directions for improving the current regulatory framework in the field of public relations under consideration. The results obtained can be used in educational activities in the courses "Social law", "Medical law". The novelty of the research work lies in the fact that for the first time medical genetic technologies are considered as an element of the biological security system of Russia, taking into account the characteristic features and social significance inherent in this type of genetic technologies, which were also highlighted for the first time. Also, the novelty is expressed in the parameters developed by the author for attributing medical genetic technologies to technologies of low, medium or high probability of occurrence of risks, which we have also identified. Based on the results of the study, we came to the conclusion that it is necessary to design truly effective legal mechanisms for regulating medical genetic technologies based on the proposals we have put forward to ensure the legally permissible level of biosafety in Russia when using medical genetic technologies.
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Szalkowska, Karolina, and Monika Zubrowska-Sudol. "Opportunities for Water Reuse Implementation in Metropolitan Areas in a Complex Approach with an LCA Analysis, Taking Warsaw, Poland as an Example." Sustainability 15, no. 2 (January 9, 2023): 1190. http://dx.doi.org/10.3390/su15021190.
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Water shortages are currently becoming a more global than local issue. This paper aims to demonstrate a complex, universal urban water reuse system, allowing for a reduction of freshwater withdrawal. Opportunities for improvement were analyzed in the categories of municipal services: power and heat production, greenery irrigation, landscaping, street and public transport fleet cleaning. Technical possibilities were coupled with current international legislative requirements. Two scenarios for universal, complex water reuse systems in the municipal area were evaluated, including all essential city services. Results of the case study show that ozonation and filtration of treated wastewater should be sufficient to obtain the desired water quality for urban purposes. Current legislation mainly addresses agricultural water reuse, so their requirements should be adjusted to assess the water quality needed for other applications. When water is used in public spaces, constant monitoring for the presence of pathogens should be maintained due to the risk of human exposure. A life cycle assessment was conducted to evaluate the environmental impacts associated with the topic of water transportation in urban areas, which is infrequently considered in such studies. Two scenarios including different means of transport were compared. It was shown that with constant daily operation, it is necessary to build an independent water network, since the environmental impact of water delivery by tank lorries increases substantially.
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Lima, Daniel Andrioli de, Guilherme Theodoro Nascimento Pereira de Lima, Vitor Eduardo Molina Júnior, and Laura Maria Canno Ferreira Fais. "Application of a simplified methodology for classification of small dams in cascade." Ambiente e Agua - An Interdisciplinary Journal of Applied Science 17, no. 1 (February 8, 2022): 1–11. http://dx.doi.org/10.4136/ambi-agua.2790.
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Dams pose a high potential risk due to the possibility of rupture. An accident can cause severe consequences for the economy and the environment, besides the loss of human lives. In addition to large dams for power generation, there are also a large number of small earth dams throughout the world, mainly in rural areas, built for the purpose of irrigation or watering animals. Problems with small dams are also frequent, especially in periods of high rainfall when they are more prone to failure. When dams are in cascade, the probability of a rupture is even greater than with an isolated dam, since in most cases small dams do not have enough freeboard to contain the volume coming from the dam further upstream. However, Brazilian legislation relating to water dams only covers the large ones, unless they are classified with high Hazard Potential (DPA for its acronym in Portuguese). Thus, there is no specific legislation for small dams, which means that many of them do not undergo regular inspections and proper safety assessment. This work aims to apply the simplified classification developed by the National Laboratory of Civil Engineering (LNEC for its acronym in Portuguese) for dams in cascade and to compare it to the classification of the Brazilian law for the DPA, evaluating its applicability for small dams. In this way, this method will complement and facilitate decision-making by owners and regulators, thus allowing special attention to the safety of small dams all over the world.
Keywords: dams in cascade, dams safety, small earth dams.
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Bordean, Despina-Maria, Luminita Pirvulescu, Mariana-Atena Poiana, Ersilia Alexa, Antoanela Cozma, Diana Nicoleta Raba, Aurica Breica Borozan, et al. "An Innovative Approach to Assess the Ecotoxicological Risks of Soil Exposed to Solid Waste." Sustainability 13, no. 11 (May 29, 2021): 6141. http://dx.doi.org/10.3390/su13116141.
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The adoption of sustainable waste management strategies is a challenge faced by most European countries, mainly due to the need to generate less waste and replace landfills with new methods of waste treatment, associated with increases in the separate collection of waste and recycling rates. This paper highlights the significance of environmental legislation regarding waste removal to protect ecosystems. The aim was to predict ecological responses to heavy metals in soil exposed to hazardous waste and to identify environmental hazards in landfills, small illegal waste dumps, and litter, in addition to identifying if heavy metal accumulation in the investigated soil samples showed a single or cumulative risk. This is an innovative method to predict the ecological risk generated by hazardous waste landfills. The assessment of ecological risks was based on the evaluation of a heavy metal soil contamination factor, pollution index of soil loadings, a geo-accumulation index for heavy metals, and potential ecological risk. The current study is also the first to attempt to identify the dimension of risk based on the type of waste deposit (landfill, small illegal waste dump, and litter) and to identify potential patterns. The geological index corresponding to cadmium Igeo(Cd) showed heavy contamination in the soil samples from the landfill and moderate contamination for those from the illegal waste dumps. These findings indicate that soil contamination is influenced by contamination time, anthropogenic processes, and a history of industrial activity, and not only by waste composition and storage. The present study shows that cadmium might be considered a latent fingerprint for waste disposal, which is correlated to the industrialization level and rehabilitation procedures.
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Ohiievych, S., and I. Kostenko. "LEGISLATIVE CHANGES AS A COUNTER “EVERGREEN” PATENTS." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(53) (July 8, 2022): 105–10. http://dx.doi.org/10.20535/2308-5053.2022.1(53).261125.
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First of all, during the elaboration of the topic on the state of intellectual property rights in the pharmaceutical sphere, the report of the European Commission on the situation with the protection of intellectual property in third countries was analyzed, on the basis of which the most common problems were identified. The problem of “evergreen’ patents, which is typical for Ukraine, is taken into consideration and research. In the course of the work the definitions of the terms “original drug” and “generic” are given. The obligatory stages of launching original medicines on the pharmaceutical market were also studied and the reasons for the long duration and high cost of this procedure were noted. In the same context, the reasons for the policy of many countries to support the production of generic drugs were considered. The main attention is paid to finding out the reasons for the emergence of “evergreen” patents and the consequences of their distribution. To confirm the negative impact of the above problem on the state’s provision of a high level of public health, indicators of the cost of medicines and the degree of patient provision were presented. It was noted that the state has taken a step towards solving the problem of “evergreen” patents by adopting the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation”. However, in the course of the work, the effectiveness of some of the provisions of the Law was questioned and their assessment by the European Commission was given. In addition, the adopted Law of Ukraine “On Amendments to Certain Laws of Ukraine on Elimination of Artificial Bureaucratic Barriers and Corrupting Factors in Health Care”, which amended the Laws of Ukraine “On Medicinal Products” and “On Protection of Rights” on inventions and utility models”. Based on the analysis, the introduction of the “Bolar provision” into national legislation was noted, and both its advantages and possible risks were described. On the basis of the conducted researches the conclusions in which the priority direction of a policy of the state concerning regulation of the intellectual property rights in the field of pharmaceuticals is underlined are made.
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Parida, Vishal Kumar, Divyanshu Sikarwar, Abhradeep Majumder, and Ashok Kumar Gupta. "An assessment of hospital wastewater and biomedical waste generation, existing legislations, risk assessment, treatment processes, and scenario during COVID-19." Journal of Environmental Management 308 (April 2022): 114609. http://dx.doi.org/10.1016/j.jenvman.2022.114609.
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Dal Cin, Francesca, Martin Fleischmann, Ombretta Romice, and João Pedro Costa. "Climate Adaptation Plans in the Context of Coastal Settlements: The Case of Portugal." Sustainability 12, no. 20 (October 16, 2020): 8559. http://dx.doi.org/10.3390/su12208559.
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The impact of sea-level rise on coastal towns is expected to be a major challenge, with millions of people exposed. The climate-induced risk assessment of coastal areas subject to flooding plays an essential role in planning effective measures for adaptation plans. However, in European legislation, as well as in the regional plans adopted by the member states, there is no clear reference to urban settlement, as this concept is variable and difficult to categorise from the policy perspective. This lack of knowledge makes it complicated to implement efficient adaptation plans. This research examines the presence of the issue in Portugal’s coastal settlements, the European coastal area most vulnerable to rising sea levels, using the case of seashore streets as the most exposed waterfront public urban areas. Using the morphometric classification of the urban fabric, we analyse the relationship between urban typology and legislative macro-areas aimed at providing integrated adaptation plans. The study suggests that there is only a minimal relationship between the proposed classification and the geographical zones currently identified in coastal planning policies. Such incongruence suggests the need for change, as the policy should be able to provide a response plan tailored to the specificities of urban areas.
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Vilčeková, Silvia, Katarína Harčárová, Andrea Moňoková, and Eva Krídlová Burdová. "Life Cycle Assessment and Indoor Environmental Quality of Wooden Family Houses." Sustainability 12, no. 24 (December 17, 2020): 10557. http://dx.doi.org/10.3390/su122410557.
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This article analyzes in detail the impact of wooden houses on the environment using the life cycle assessment (LCA) methodology and at the same time evaluates the indoor environmental quality (IEQ) in these houses. The investigated detached family houses had a wooden structure. The first one had a bearing system made of a wooden frame; other materials were conventional. The second house was built entirely of log wood. Given the high risk of greenhouse gas emissions, the concentration of which in the atmosphere is causing global climate change, the global warming potential (GWP) indicator is crucial. According to results, the family house built entirely of wood and with a biomass boiler significantly reduces CO2 emissions and is therefore considered from the LCA point of view as a more suitable alternative compared to a house with a wooden frame structure. The building materials with the highest share involved in the creation of GWP include concrete structures (38–48%), ceramic roof tiles (33%) and plasterboard (15%). Plasterboard cladding (55%), concrete structures (17–19%), oriented strand board OSB (9–22%), impregnated wooden structures (31–52%) and plastic windows (9%) are the most involved in acidification potential (AP) and eutrophication potential (EP). Plasterboard structures (21%), impregnated wood materials (47.4%), reinforced concrete structures (12%) and mineral wool and roof tiles significantly contribute to the creation of photochemical ozone creation potential (POCP) and ozone depletion potential (ODP). The indoor environmental quality was evaluated through short-term measurements of basic physico-chemical parameters. Since both houses have different characteristics, the aim of this monitoring was to evaluate the actual state of IEQ in selected wooden houses under real conditions. Based on the recorded results, it can be stated that neither presented wooden house, in terms of thermal-humidity microclimate, concentration of CO2 and particulate matter, represents an environment with a negative impact on their occupants. With regards to volatile organic compounds (VOCs), the increased concentrations of xylenes and tetrachlorethylene in the log house were probably caused by the application of impregnation and protective coatings six months before monitoring. In this case, the concentration of tetrachloroethene, which is considered a potential carcinogen, was six times higher than the legislative limit. For VOCs, such as limonene, isobutylene and n-butylacetate, which were found in the wooden frame house, no limits are set. The legislative limits for xylenes and tetrachlorethylene in this house have not been exceeded, and therefore the IEQ cannot yet be considered harmful for health. The presence of all the mentioned VOCs in the interior air of the wooden frame house is more related to the activities of occupants, as this house has been inhabited for several years.
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Boyko, E. A., N. N. Goncharuk, A. D. Dashitsyrenova, N. A. Kostenko, Oksana O. Sinitsina, and M. P. Shevyreva. "About the formation of legislation in the field of chemical and biological safety of the Russian Federation." Hygiene and sanitation 95, no. 8 (October 28, 2019): 717–21. http://dx.doi.org/10.18821/0016-9900-2016-95-8-717-721.
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The realization of the package of measures directed at the consecutive decrease of the negative effect of hazardous chemical and biological factors on the population and environment to the acceptable risk level stipulates the development of standard legal regulation in the field of ensuring the chemical and biological safety. For this purpose article presents substantiation and conceptual approaches to the creation of legislation in the field of the chemical and biological security of the Russian Federation within the pursued state policy. In determination of conceptual approaches, in the article there are reported: the main idea, the purpose, a subject of legal regulation, the circle of people who will be subjected to the laws, the place offuture laws in the system of current legislation, the provisions of the Constitution of the Russian Federation, the Federal backbone laws of the Russian Federation to realization of which laws are directed, there is given the general characteristic and an assessment of a condition of legal regulation in this field, results of the analysis of the information on the need for correspondence of Russian laws to provision of international treaties, concerning prohibitions of the biological and chemical weapon, safe handling with biological agents and chemicals, and also the development of uniform procedures of ensuring chemical and biological safety. The major aspect in the shaping of the legislation is the global character ofproblems of chemical and biological safety in this connection in article there is indicated the need of rapprochement of rules of law for this area with partners in economic cooperation and integration. Taking into account an orientation of future laws on the decrease in the level of the negative impact of dangerous chemical and biological factors on the population and environment, there are designated medical, social, economic and political consequences of their implementation. There are presented the proposed structure for bills: “About biological safety”, “On Chemical Safety” and “On the National collection of pathogens.
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Kvanina, Valentina V. "Advantages and disadvantages of the convergence of private law into control and supervision as a public administration institution." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 114–26. http://dx.doi.org/10.17223/22253513/44/10.
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As part of the tasks of limiting state interference in the economic activities of business entities, ending excessive state regulation, and developing the system of selfregulatory organisations in the economy, an administrative reform has been implemented, including in the sphere of control and oversight activities. As a result, Federal Law No. 248-FZ of 31.07.2020 "On State Control (Supervision) and Municipal Control in the Russian Federation" (hereinafter - the Law on Control) was adopted. State control (supervision) is a function of the state related to the sphere of public administration, which predetermines its public-law nature. At the same time, its goals set within the framework of the administrative reform have affected the content of the law and its nature - there has been a convergence of private law into control and supervision activities. A manifestation of this conclusion is Article 8 of the Control Law, devoted to the principle of incentives for good faith compliance with mandatory requirements, which implies that in its implementation preventive measures aimed at reducing the risk of harm are prioritised over control and oversight measures. The legal consequence of confirming the bona fides of a controlled person will be the reduction of the category of risk of harm, and separate legal means - independent assessment of compliance with mandatory requirements and conclusion by a controlled person with an insurance organization of voluntary insurance of risks of harm, if they are provided by the federal law on the type of control, act as grounds for exemption from planned control and oversight measures (respectively Art. 54 and part 9 of Article 25). Another example confirming the 'privatisation' of the institute of state control (supervision) are the provisions in the Control Act on the recognition of results of independent evaluation of compliance with mandatory requirements (Art. 54) and membership in self-regulatory organisations (Art. 55). Their legal consequence is the failure to carry out planned inspections in relation to controlled persons, unless otherwise provided for by the federal law on the type of control. This shows that the state has actually taken real measures to reduce excessive state regulation in the framework of control and supervisory activities. On the other hand, in the examined cases the transformation of public administration is taking place at the expense of businesses that incur additional financial expenses to implement the state's controlling function. However, doubts arise about the implementation by the business community of private law means of replacing planned inspections if this would cause them high financial costs. On this basis, the state should consider measures to stimulate their implementation, as is the case, for example, with environmental legislation for new technologies. The author declares no conflicts of interests.
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Hariyanto, Hariyanto. "Risk-Based Business License and Problems Arising After The Job Creation ACT." Jurnal IUS Kajian Hukum dan Keadilan 10, no. 2 (August 23, 2022): 354–66. http://dx.doi.org/10.29303/ius.v10i2.1082.
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The emergence of the Job Creation Act, one of the aims of creating employment opportunities. In general, the administrative licensing process in Indonesia is a barrier to business transformation. Many licensing processes do not have clear protocols, demanding, lack transparency, and costly. So that the fundamental transformation in the Job Creation Law is the transformation of the business licensing paradigm in Indonesia. Switch from the traditional license-based licensing approach to risk-based licensing. This research aims to reveal how risk-based licensing actually is and what problems can arise in licensing when risk-based licensing is applied. This is a doctrinal study that takes a conceptual and legal approach. The analysis is in the form of primary, secondary, and tertiary legal materials. The data and materials collected were analyzed qualitatively and described by descriptive analysis. This paper concludes that risk-based licensing relies more on a thorough risk analysis. In the implementation of risk-based licensing, the regulator assesses several factors such as business activities, business performance history, and the risk management system in place. Based on these matters, the regulator then places business actors into several groups, according to the level of risk. Risk-based licensing, on the other hand, has a couple of problems. The first issue is ambiguous risk assessment as a result of the omnibus legislative format. Second, the volatile risk hasn’t been taken into account. Third, neither cumulative nor systemic risks have been taken into account. Fourth, there are unanticipated implementation challenges. Finally, there is the possibility of regulatory capture.
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Rodríguez-Burbano, Aura Yolima, Isabel Cepeda, Ana Magdalena Vargas-Martínez, and Rocío De-Diego-Cordero. "Assessment of Ambivalent Sexism in University Students in Colombia and Spain: A Comparative Analysis." International Journal of Environmental Research and Public Health 18, no. 3 (January 24, 2021): 1009. http://dx.doi.org/10.3390/ijerph18031009.
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(1) Background: Gender-based violence has no geographical, personal, or social boundaries. It constitutes a serious public health problem that affects the entire society. This research aims to identify and compare the level of ambivalent sexism in Spanish and Colombian university students and its relationship with sociodemographic factors. Ambivalent sexism, developed by Glick and Fiske (1996), is considered a new type of sexism since, for the first time, it combines negative and positive feelings that give rise to hostile and benevolent sexism, maintaining the subordination of women through punishment and rewards. (2) Methods: The methodology consisted of the application of the validated Spanish version of the Ambivalent Sexism Inventory (ASI) to a sample of 374 students in their final academic year of the Law program, of which 21.7% were students at the University of Santander (Bucaramanga, Colombia), 45.5% at the University Rey Juan Carlos (Madrid, Spain), and the remaining 32.9% at the University of Seville (Seville, Spain). (3) Results: A high level of ambivalent sexism is reported in Colombian students nowadays. In the two countries. there are similarities (e.g., the great weight of religion and the variation in attitudes towards sexism in people who identify themselves as women, compared to male or students consulted that prefer not to answer) and differences (e.g., absence in Colombia of gender-specific legislation, low number of students who have received gender education in Spain). (4) Conclusions: These findings may contribute to the construction of laws that take into account the particular problems of women and the development of educational programs on gender that are offered in a transversal and permanent way and that take into account cultural factors and equity between men and women as an essential element in the training of future judges who have the legal responsibility to protect those who report gender violence.
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Harmon, Shawn H. E., David Faour, and Noni MacDonald. "National Immunization Technical Advisory Groups (NITAGs): A schema for evaluating and comparing foundation instruments and NITAG operations." Medical Law International 21, no. 1 (March 2021): 69–98. http://dx.doi.org/10.1177/09685332211002594.
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The individual and community health benefits of vaccination have received significant attention and are now well understood. However, much less is known about immunization as a regulated space, its principles and standards and its institutions and instruments. In 2011, the World Health Organization (WHO) recommended that National Immunization Technical Advisory Groups (NITAGs) be established in each member country. NITAGSs are envisioned as independent, multidisciplinary expert groups within the national immunization framework, tasked with providing evidence-based evaluations and recommendations to governmental decision-makers about specific vaccines, vaccine-dosing, vaccine program development and immunization policy and practice more generally. As of 2020, 171 WHO countries have formed NITAGs. The widespread formation of NITAGs has highlighted an absence of sustained scholarship around immunization as a policy area subject to law, and it has given rise to many governance and operational questions. In 2017, for example, representatives of the Global NITAG Network (GNN) agreed that there is insufficient understanding of the impact of law on the functioning of NITAGs. Similarly, the Strategic Advisory Group of Experts on Immunization called for research into the variety of ways in which legislation and regulation have been used to promote immunization at a national level and to achieve different ends in relation to immunization and NITAG functioning. In answer to this call, the NITAG Environmental Scan (Project) was initiated. Drawing on scholarship around good governance, this article offers a comprehensive common assessment schema for critically and systematically approaching questions about NITAG governance and operation, applying that schema to the foundation instrument of the Côte d’Ivoire’s NITAG. It also reports on how well the schema is engaged by the NITAG foundation instruments in other GNN countries.
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Trgovčević, Filip, Aleksandra Stupar, Milena Ivanović, and Roni Susman. "Toward Flood Resilience in Serbia: The Challenges of an (Un)Sustainable Policy." Sustainability 12, no. 17 (September 3, 2020): 7228. http://dx.doi.org/10.3390/su12177228.
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In May 2014, Serbia was hit by a catastrophic flooding event. The Municipality of Obrenovac suffered severe consequences due to a number of reasons, mainly the poor conditions of flood protection infrastructure and outdated land use management. These problems have been triggered and/or affected by the post-socialist transition of Serbia, initiated during the 1990s. The ongoing period of socio-economic turbulences, also detected in other countries with a similar development background, caused a shift in both the planning paradigm and the economy (from a planned/centralized model to a market-oriented model), creating numerous problems related to the synchronization of legislation, governance, implementation and management. Considering the specificities of local context, as well as its similarities to other post-socialist countries, the main aims of the article are to establish a relationship between planning, legislation and flood resilience, identify its (un)sustainable elements and provide an insight into the dynamic of their causal links whose effectiveness could be improved in given conditions. The main findings indicate an absence of a sustainable policy which would guarantee efficient implementation (regarding both planning documents and laws). Simultaneously, there were other challenges—from the lack of risk assessment to outdated regulations and general unpreparedness which led to severe damage of urban systems and local economy, while many lives were lost. Consequently, the article provides guidelines for new planning documents, suggesting measures that would increase the resilience of flood protection (applicable in both local and regional context), as well as the overall sustainability of the analyzed area and its ecosystem.
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Parra Rodriguez, Carmen. "Ethical principles in the use of Artificial Intelligence in the financial sector from a European perspective." Studia Prawnicze KUL, no. 1 (March 24, 2022): 199–221. http://dx.doi.org/10.31743/sp.13029.
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Artificial intelligence (AI) has become part of our daily lives and is a fundamental tool for developing private and professional operations. In this sense, one of the sectors where AI has had the greatest impact has been the financial sector, where it is necessary to establish a regulatory framework to address two fundamental issues to ensure its proper functioning, specifically those aspects that affect digital transparency and neutral algorithms. To address both aspects, the European Union, through its various institutions, has established guidelines for Member States to apply ethical principles that align financial digitalisation with sustainability and the Sustainable Development Goals set out in the 2030 Agenda. These ethical values have been regrouped in a series of principles that must be present in the legislation that regulates future financial operations, ensuring their application within the territory of the European Union. In this regard, financial digitalisation must ensure principles that control risks, creating technologically applicable rules for all sectors that guarantee a level playing field between States without fragmenting the internal market. To this end, they must carry out a prior impartial and external assessment for each operation, based on specific and defined criteria that do not violate fundamental rights or the security standards established in EU law. The methodology used in this article is descriptive, compiling European regulatory projects, taking into account academic studies on ethics in the financial sector.
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Barrett, Brenda. "Risk Assessment: Whose Responsibility? Whose Risk? Is the Law Effective?" Business Law Review 35, Issue 4 (August 1, 2014): 124–31. http://dx.doi.org/10.54648/bula2014021.
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This article considers whether organizations take great risks when, as a society, we have never been more risk conscious and risk averse in the context of occupational health and safety. It touches briefly on the liability to compensate victims of personal injury before reviewing the legislation on the identification of, and response to, risks. It investigates the role of the Health and Safety Executive; then considers who has responsibility for carrying out risk assessments and who is at risk when appropriate health and safety procedures are not maintained. Finally, it questions whether there is reason to believe that work-related injuries occur because of failure to control known risks.
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ZHU, TAN, JING WU, and I.-SHIN CHANG. "REQUIREMENTS FOR STRATEGIC ENVIRONMENTAL ASSESSMENT IN CHINA." Journal of Environmental Assessment Policy and Management 07, no. 01 (March 2005): 81–97. http://dx.doi.org/10.1142/s1464333205001906.
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The Environmental Impact Assessment Law (EIA Law) of the People's Republic of China was adopted on 28 October 2002. It is the most progressive legislation addressing environmental issues in China to be developed over the past decade. The new EIA Law explicitly states that environmental impact assessment (EIA) is required for both new construction projects and plans. The types of plans covered by the new EIA Law include: (1) integrated plans for land use and regional development, development of drainage areas and marine areas; (2) specific plans for industry, agriculture, animal husbandry, forestry, energy, water management, transportation, urban construction, tourism and the development of natural resources. EIA for construction projects has been implemented in China for more than 20 years. Through this new EIA Law, the legal status of EIA for construction projects has been elevated from administrative legislation to State Law. EIA for plans is a type of strategic environmental assessment (SEA) where the concept of SEA is for the first time being advocated by the State at this level. This paper emphasises the legal requirements of SEA set forth by this new EIA Law, such as major purposes, key elements and procedures of EIA for plans.
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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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Hasnas, John. "TWO THEORIES OF ENVIRONMENTAL REGULATION." Social Philosophy and Policy 26, no. 2 (June 24, 2009): 95–129. http://dx.doi.org/10.1017/s0265052509090189.
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The over-exploitation of commonly-held resources is typically analyzed as an instance of market failure that calls for legislation to internalize the social costs that private activities impose on the environment. In this article, I argue that to the extent that this analysis ignores the regulatory effect of the common law, it is unsound. In The Tragedy of the Commons, Garret Hardin points out that there are two solutions to the tragedy: privatize the resource or restrict access to it. Environmental legislation is a means restricting access to the commons. The evolutionary development of common law is a means of privatizing the commons. These represent alternative methods of environmental regulation. Proper public policy analysis requires a comparative assessment of the efficacy of these methods for resolving any particular environmental problem. In many, if not most cases, such an assessment will show common law regulation to be superior to environmental legislation.
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Rodriguez, Esther Garcia. "Environmental Impact Assessment in Spain: A Critical Review." European Energy and Environmental Law Review 8, Issue 8/9 (August 1, 1999): 234–43. http://dx.doi.org/10.54648/eelr1999037.
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Spanish environmental legislation and the implementation of Directives 85/337/EEC and 97/11/ EC on environmental impact assessment (EIA); an analysis of the main factors that influence the effectiveness of EIA in Spain, those factors being characterised as either internal (that is, inherent in legislation) or external, that is, other factors, which can vary from political to social issues. A comparison between the theory and the practice; and an assessment of the likely efficacy of the amended EIA Directive in Spain. Conclusion that certain failings are caused by failings in the text of the EIA Directive itself; although certain national legislative mechanisms in Spain have gone beyond the terms of the Directive, EIA in Spain is a politicised and arbitrary process and legislation is not usually respected, leading to a high proportion of unsatisfactory EIA and irregular implementation.
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Chae, Young-Geun. "Risk Assessment and Risk Management in the US Environmental Law." Inha Law Review : The Institute of Legal Studies Inha University 23, no. 1 (March 31, 2020): 523–76. http://dx.doi.org/10.22789/ihlr.2020.03.23.1.523.
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Krasnova, Mariya, Juliia Krasnova, Liudmyla Golovko, and Tetiana Kondratiuk. "Legal Problems in the Implementation of the Environmental Impact Assessment in Ukraine: A Critical Review." Grassroots Journal of Natural Resources 4, no. 2 (May 30, 2021): 91–102. http://dx.doi.org/10.33002/nr2581.6853.040207.
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By signing the Aarhus Convention and the Association Agreement with the EU, Ukraine has committed itself to adapting domestic legislation conforming European standards concerning environmental impact assessment. To fulfill international obligations, the Law “On Environmental Impact Assessment” was adopted by Ukraine. However, under this law of Ukraine, not all objects and activities having impact on the environment are assessed for their environmental impact, but only those having a significant impact on the environment are assessed. The aim of this article is to analyse the legislation of Ukraine on environmental impact assessment, and to compare it with the EU legislation. Special attention is paid to the judicial practice being adopted while implementing the said law. With the help of a case study, the shortcomings of the Ukrainian legislation are analysed and highlighted.
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Novikov, Sergey M., M. V. Fokin, T. A. Shashina, and N. S. Dodina. "TOOLS FOR ENVIRONMENTAL RISK ASSESSMENT (TERA) - RUSSIAN INFORMATION-FORECASTING SYSTEMS, EXPERIENCE OF APPLICATION FOR HEALTH RISK ASSESSMENT." Hygiene and sanitation 96, no. 11 (March 27, 2019): 1088–90. http://dx.doi.org/10.18821/0016-9900-2017-96-11-1088-1090.
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There is presented a unique Russian computer information and predictive TERA (Tools for Environmental Risk Assessment) system aimed to carry on studies of the assessment of health risk related to the impact of chemical compounds that pollute the various environmental objects. There are considered main calculation modules of specialized databases, as well as the main identification table - TERAbase, allowing to observe all the methodological requirements and recommendations provided by the sanitary legislation, for doing so and for the examination of scientific and practical work on risk assessment to public health, accreditation and certification for risk assessment bodies. There is indicated the direction of solving the problem of information support for risk assessment work for health.
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Hickey, Gordon M., Nicolas Brunet, and Nadège Allan. "A Constant Comparison of the Environmental Assessment Legislation in Canada." Journal of Environmental Policy & Planning 12, no. 3 (September 2010): 315–29. http://dx.doi.org/10.1080/1523908x.2010.509470.
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OVERKOVSKA, Tetiana. "LEGAL NATURE OF THE ENVIRONMENTAL IMPACT ASSESSMENT." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 9 (49) (September 25, 2019): Tetiana—OVERKOVSKA. http://dx.doi.org/10.37128/2411-4413-2019-9-18.
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The main components of the legal nature of environmental impact assessment are considered as management functions in the field of environmental protection, rational use of natural resources and ensuring environmental safety due to the fact that the reasons for the current unsatisfactory state in the industry of natural resource use, environmental protection are ambiguous. It was determined that the legal regulation of environmental impact assessment should be considered an important step towards the harmonization of Ukrainian legislation with EU legislation in the field of environmental impact assessment. The procedural and rocedural aspects of environmental impact assessment are determined and reviewed, which are determined by a number of legislative and subordinate legal acts. It has been established that environmental impact assessment should be carried out in compliance with certain principles based on the provisions of current legislation on nature protection. The principle of the effectiveness of environmental impact assessment is analyzed through the prism of prohibiting or terminating the activity of an enterprise in case of violation of the legislation on environmental impact assessment. Attention is drawn to the legal requirements of the principle of reliability of information in relation to environmental impact assessment. The compulsory provision of the principle of publicity in the process of impact on the environment, aimed at timely, adequate and effective informing of citizens, has been established. It is proved that the publicity and reliability of environmental information on environmental impact assessment act as two interrelated legal categories. It has been determined that the legal nature of the environmental impact assessment is based on the provisions of the current legislation of Ukraine and is aimed at observing law and order in the field of environmental protection.