Academic literature on the topic 'Natural resources – Environmental aspects – Law and legislation'
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Journal articles on the topic "Natural resources – Environmental aspects – Law and legislation"
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Zaiets, Olena, Tetiana Kovalenko, Tetiana Shokha, Yulyia Vlasenko, and Elina Pozniak. "Ukrainian Reform of Decentralization Processes Consolidating the Sustainable Development: Environmental and Legal Aspects." Grassroots Journal of Natural Resources 05, no. 02 (June 30, 2022): 104–26. http://dx.doi.org/10.33002/nr2581.6853.050207.
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The strategic vision of sustainable development for Ukraine is based on ensuring national interests and accomplishing international commitments proceeding to sustainable development. Sustainable development involves decentralization and implementation of regional policy, which is based on a harmonious combination of national and regional interests regarding ecology. This article aims to identify and analyze environmental and legal components of the decentralization of power in Ukraine as a means to sustainable development provisions. The main focus of ecological decentralization is placed on land resources. This is due to the peculiarities of the national system of environmental law (natural resource and environmental regulations) of Ukraine. The article highlights the main and additional areas of environmental decentralization. It analyzes the legislation and the practice of its implementation in the sphere of natural resources reallocation, territorial communities’ demarcation, and their planning process. The roles of cadasters, registers, and electronic databases in maintaining natural resources for the successful decentralization of power are analyzed. The legal perspectives for the decentralization of environmental control are also outlined. The status of financial and ecological resources redistribution in the process of decentralization is highlighted along with the ways of its subsequent improvement. The conclusion suggests the ways for the improvement of legislation and the practice of its implementation to accomplish successful decentralization reform.
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Gao, Yu, and Maksim Viktorovich Bolotov. "Legal aspects of ensuring national security in the sphere of subsoil use of natural gas in Russia and China." Юридические исследования, no. 2 (February 2022): 1–17. http://dx.doi.org/10.25136/2409-7136.2022.2.37382.
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In the current context, the goals of Russia and China in achieving "carbon neutrality" by 2060 and strengthening their own energy resource and environmental security, the comparative study of the laws on transition towards low-carbon energy sources and new environmental standards declared by both countries is relevant and urgent. The subject of this research is measures to reform legislation in the sphere of exploration and extraction of natural gas in Russia and China, which can be divided into the following aspects: reform of the legislative system on the mineral resources and competitive transfer of the right to use the subsoil plots, reform of the law "On Foreign Investment" and definition of state strategic mineral resources, legal system of environmental protection, and reform regarding the protection of environmental resources in the mining districts. Based on comparative research in various legal disciplines, the author generalizes and analyzes the similarities and differences in ensuring resource and environmental security in Russia and China. This article summarizes the experience and shortcomings of Russia and China in maintaining balance between the national resource security and environmental security aimed at the achievement of "carbon neutrality". Stemming from the fact that both countries manage the appropriate resource and environmental security, China should adopt the Russian experience and transform the administrative provisions of the lower level associated with the protection of resources and environmental security into legislative acts, in order to enhance their law enforcement, compulsory and deterrent authority. Russia, in turn, should also resort to the experience of China in implementation of the factors of market competition in the sphere of exploration of oil and gas, as well as encourage and motivate foreign or domestic private capital to contribute to oil and gas exploration and help Russia to upgrade its equipment and boost production.
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Brinchuk, M. M. "NATURAL RENT AND OWNERSHIP OF EXTRACTED NATURAL RESOURCES (OIL, GAS, WOOD...)." Bulletin of Udmurt University. Series Economics and Law 32, no. 3 (May 31, 2022): 494–501. http://dx.doi.org/10.35634/2412-9593-2022-32-3-494-501.
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In the systemic, even civilizational aspect of the legal regulation of environmental relations with respect to extracted natural resources withdrawn from nature, the article in this part examines the prospects for the development of the doctrine of environmental and natural resource legislation and law, the formation and implementation of this legislation and law itself; improvement of the theory of ownership of natural resources, including ensuring the function of natural justice of property rights in this area. The study is based on the methodological basis that land and other natural resources are a national treasure. Extracted oil, gas, wood are preserved, and should retain this quality to be a national treasure. Unlike the civil law thing, the ownership of which has the labor nature of ownership, natural resources as part of nature, as well as extracted oil, gas, wood are not created by human labor. Nature gives everything to man, to society for free. Everything that nature gives for free expresses the essence of natural rent. The profit of a private entrepreneur obtained as a result of the exploitation of land, subsoil, water, forests, and other natural resources should, to an appropriate extent, exclude natural rents. Natural rent should belong to the people, the nation.
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Buribayev, Yermek, Zhanna Khamzina, Bolat Zhumagulov, Baurzhan Zhangutin, and Sabit Daubassov. "Problems of Environmental Law: Possibilities for Legislative Changes." Rocznik Ochrona Środowiska 23 (2021): 224–42. http://dx.doi.org/10.54740/ros.2021.015.
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Kazakhstan is a country experiencing tangible environmental problems. Currently, it faces numerous environmental problems such as air pollution, water pollution, exploitation of natural resources, negative consequences of mining, etc. In order to cope with environmental problems, a number of legislative acts have been enacted: the Environmental Code, the Water Code, the Forestry Code, a number of laws and government decrees that provide a legal basis for sustainable development. But, unfortunately, these laws and policies were not properly implemented due to issues such as inconsistency, weak enforcement, the presence of internal contradictions, gaps, and discrepancies, etc. As a result, the current legislation in the field of environmental protection does not meet the development objectives of our country, its lack of transparency hinders the development of the economy, and indistinctness reduces the competitiveness of domestic producers in the world market and the volume of investments attracted to the economy. Many aspects of the state's environmental activities remain unregulated from a legal point of view, which, on the one hand, leads to a deterioration in the quality of the environment and the plunder of natural resources, and on the other hand, creates conditions for the development of corruption. This study proposes individual solutions to problems in the environmental sphere by creating new legal norms, as well as eliminating contradictions between existing regulatory legal acts, systematizing legislation and establishing a unified practice of applying norms. It is concluded that the implementation of environmental human rights depends on the quality of regulatory legal acts and their effective application.
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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.
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Bredikhina, Viktoriia, and Dmitro Zadykhaylo. "Convergence of Environmental and Economic law in the Sphere of Environmental Protection and Natural Resource Management in Ukraine." Grassroots Journal of Natural Resources 05, no. 01 (March 27, 2022): 1–16. http://dx.doi.org/10.33002/nr2581.6853.050101.
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The present article analyses the process of convergence of environmental legislations and commercial regulations in context of natural resource management and environment protection. The relevance of the topic is dictated by the issues related to environmental safety that require using available legal remedies to facilitate the transformation of the conventional economy into the green economy. By its green nature, such an economy requires multipurpose legal regulations including (environmental and commercial) principles of regulation, integrated definition, integrated criteria of legal facts, and legal remedies to stimulate greening of economic life. This article highlights several problems that precede the actual convergence of law and legislation. This is, first of all, the convergence of the environmental and economic policy of the State with conceptual and strategic foundations. This will benefit relevant State administration structures calling for administrative restructuring to ensure competent management in the green economy. Correspondingly, proper organization of the law-making process and scientific-legal research is critically required. The article analyses the essential aspects of the convergence of legal remedies for regulation of environmental management. It characterizes main structural components of environmental and economic law that have common features, and delineates the specified links in the course of legal regulation of natural resource management and environment protection.
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Trotska, Maryna. "Implementation and Protection of the Right to General Water Use in Ukraine: Main Theoretical Problems and Certain Aspects of Judicial Dispute Resolution." Access to Justice in Eastern Europe 6, no. 1 (January 24, 2023): 1–13. http://dx.doi.org/10.33327/ajee-18-6.1-a000103.
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Background: The extraction and use of natural resources are reasons for environmental problems all over the world. The article examines one environmental right – the right to general water use, and its interrelation with the use of coastal protection strips (water fund lands), as well as specific problems of judicial practice in terms of protecting this right. There is a direct or indirect interrelation between utilised natural objects when confirming the environmental rights of citizens at the level of current national legislation, who are given the opportunity to use natural resources to meet their own needs and be in a harmonious state with the environment as much as possible. Such an interrelation is also reflected in cases of general water use, which is impossible without involving the use of water fund lands, namely coastal protective strips. Methods: With the help of scientific methods, the article uses and analyses international acts, data of international organizations, conclusions of scientists, and legal scientific literature. The legal regulation for using coastal protection strips as a prerequisite for exercising the right to general water use has been investigated within the framework of a systemic approach, as well as analysis and synthesis. Results and Conclusions: It is concluded that the lack of physical access to water bodies and non-compliance with the requirements regarding the proper water quality in water bodies, unfortunately, does not allow for the implementation of the right to general water use either properly or without harming the life and health of citizens. It is noted that in most instances, the result of court case consideration regarding protection of the right to general water use was the refusal to satisfy the claims due to the lack of reasoning and proper argumentation by the claimants, and to hold the decision against them. Claimants have to overcome a number of difficulties in order for their evidence to be recognised by the court as reliable and well-founded. The presence of certain deficiencies in the normative legal acts regarding the right to general water use plays a major role in this process. In order to solve the aforementioned problems and improve water legislation, appropriate proposals in the form of changes and additions to the general provisions of the Water Code of Ukraine have been argued and proposed.
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Batista Guimarães, Marcos, and Paulo Ricardo da Rocha Araújo. "NATUREZA JURÍDICA DO DIREITO AMBIENTAL: NORMAS DE SOBREDIREITO E COMPETÊNCIA MUNICIPAL DE NATUREZA LOCAL, UMA AVALIAÇÃO SOB O PRISMA PRINCIPIOLÓGICO - DOI: http://dx.doi.org/10.5216/rfd%20ufg.v40i1.40302." Revista da Faculdade de Direito da UFG 40, no. 1 (March 16, 2016): 209. http://dx.doi.org/10.5216/rfd.v40i1.40302.
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RESUMO:O presente artigo tem como escopo realizar uma reflexão quanto à atuação dos munícipes/municípios nas construções sociológicas/societárias referentes à preservação/conservação dos recursos naturais. Esta construção indica uma relação característica entre o espaço/território quanto às mudanças de paradigmas na aplicação das legislações ambientais vigentes, realizando-se para tal o esgarçamento jusfilosófico e ético, no que tange a hermenêutica das emanações do Direito Ambiental e Constitucional. Para tal, enfatiza-se a característica do Direito Ambiental como norma de Sobredireito, sob o prisma dos princípios que regem esta ciência, abrangendo os aspectos gerais da Justiça Ambiental, Governança Ambiental e Direito Humano Fundamental, em confronto com as Competências Materiais e Legislativas conferido aos entes da federação, respeitado-se o Princípio Federativo. ABSTRACT:This article is scoped to perform a reflection on the performance of citizens and municipalities in sociological and societal constructs regarding the preservation or conservation of natural resources. This construction indicates a characteristic relationship between the space territory regarding changes of paradigms in the implementation of existing environmental legislation, where the rupture with legal philosophy and ethical, with regard to hermeneutics of emanations of Constitutional and environmental law. To this end, emphasizes the feature of environmental law as a standard of Superlaw, in the light of the principles governing this science, covering general aspects of environmental justice, Environmental Governance and Fundamental human right, in confrontation with Materials and legislative competences conferred to loved the Federation, respected the Principle of Federation.
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Amashukeli, S. A. "Legal aspects of ensuring environmental safety in the field of protection against the negative impact of water." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (August 1, 2022): 205–13. http://dx.doi.org/10.17803/2311-5998.2022.93.5.205-213.
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In the article legal problems of ecological safety in the sphere of the protectionfrom negative impact of water are considered. On the base the comprehensive analysis of strategic plan documents in the field water relations and ecological safety, and also existing water and ecological legislation the author has shown the relevance of the protection from negative impact of water in Russia, the place of the protection from negative impact of water in the structure of ecological safety, the correlation of legislation on population and territoryprotection in emergencies and ecological, water, other natural resource legal rules in the sphere, problems of determine the criteria for categorizing types of negative impact of water are examined.The author gives a legal assessment of current state of methods of the protectionfrom negative impact of the water legal regulation, allocation of power and liability for the development and the implementation of measures to prevent the negative impact of water, analyses recent water legislative changes. The authorconcludes what despite high significance and the complex institution of the protection from negative impact of water, a unified approach to conception of types of negative impact of water and the principle of comprehensiveness of the application of methods of protection from its is absent. Problems of ecological regulation of negative impact of water gaps in the law and the responsibility for the engineering protection remain relevant.
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Zhavoronkova, N. G., and Yu G. Shpakovskiy. "Environmental and Energy Problems of the 4th Industrial Revolution: Legal Aspects." Lex Russica, no. 10 (October 24, 2019): 53–62. http://dx.doi.org/10.17803/1729-5920.2019.155.10.053-062.
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The article considers the most general and most fundamental provisions of the concept of the Fourth Industrial Revolution and its consequences for ecology, energy, law. The author has analyzed the threats and challenges of digitalization processes for ecology and energy. It is shown that be the creation of an adequate environment of green technologies, products and services should provide the timely response to the great challenges of the 4th Industrial Revolution. It is proved that there will be no real progress in environmental security until economic growth, new technologies regardless of the form in which they are expressed and natural constraints and indicators of the “growth limit” of human expansion are connected and properly and necessarily linked to the pace of economic development. The authors have investigated the problems of strategic planning in the sphere of digitalization of ecological and energy spheres. The country has yet to develop common concepts suitable for strategic planning and to give each of these concepts a legal definition. To date, the lack of “coherence” of plans, responsibility and systematization of numerous normative acts (by-laws) on the basis of which federal and regional information resources are functioning is unacceptable. The article is aimed to develop legislation in the field of ecology and energy, development of legal mechanisms for the implementation of the program “Digital Economy of the Russian Federation” as well as improvement of enforcement practices.
Dissertations / Theses on the topic "Natural resources – Environmental aspects – Law and legislation"
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Gardner, Alexander Walter. "Negotiation and agreements in integrated resources management." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26138.
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The purpose of this thesis is to propose a model of integrated resources management which uses techniques of negotiation and agreements to involve all interested parties in the decision making process. The thesis is developed in two parts. Part I defines the model and principles which are applied in Part II to a case study of forestry planning in community watersheds.
For some years now there have been calls for natural resources management on an ecological basis. To achieve this, the law must define legal rights and procedures which ensure that all affected human interests are taken into account in management decision-making. The decision-making is characterized as a bargaining process aimed at balancing the competing interests of all affected parties. Bargaining connotes a use of negotiation and agreement.
However, the established legal uses of these techniques are restricted to situations involving few parties. Complex integrated resources management has been conducted primarily through expert discretionary administration. But bureaucratic administration of complex issues is now understood as an inherently political process fraught with scientific and values uncertainties and lacking legitimacy because it is not effectively accountable to the parties whose interests are affected.
The recent experience with environmental alternative dispute resolution ("ADR") suggests techniques for all affected parties to be taken into account by representative negotiation and agreement. A review of examples of environmental ADR provides some principles about the use of negotiation and agreements to supplement the regulatory processes of integrated resources management. Those principles relate to the assertion of legal rights, the need to remedy dissatisfaction with judicial procedures and the adversary system as means to challenge regulatory decisions, the negotiation process itself, and the regulatory approval and implementation of negotiated agreements.
The case study commences with an analysis of the legal context. It reveals an uncertain regime of legal rights and authority. The Ministries involved have great discretionary authority; the forest licensee's legal relations are principally of a contractual nature with the Crown; and the water licensees' rights are ill-defined. This uncertain legal regime does not facilitate bargaining between the affected resource licensees.
The integrated resources management framework established under administrative authority does have the potential to facilitate bargaining. Whilst the new framework is innovative and establishes new institutions, rights and duties, it is difficult to determine authoritatively the elements of that framework because they are found only in a set of policy documents and are still subject to the uncertainty of administrative discretion.
Negotiation and agreements may occur in a number of different contexts in the integrated resources management framework, especially in the context of the Technical Review Committee which is the main arena for negotiation between the interested parties. There is a commentary on the negotiation process, much of the material for which was gathered in interviews with representatives of the parties involved. Various reforms of the framework should be considered to facilitate bargaining and confine administrative discretion. Principal among these are the right of all parties to appeal to an administrative tribunal when the regulatory decision is made without the consensus of the negotiating committee, and clarification of the method of adjudicating compliance with regulatory conditions.
In summary, the whole framework established by the policy documents should be revised and given a legislated base. In doing this, certain legal questions need to be considered. Ultimately, the utility of the model proposed depends upon the capacity of the law to define the various natural resource interests of all people in the community.Law, Peter A. Allard School of
Graduate
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Heatherington, Tracey. "Environmental politics in a highland Sardinian community." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=68102.
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The movement to protect wilderness resources can conflict with local intentions for land use and development, particularly in economically marginal areas. In rural Italy, on the island of Sardinia, the plan to create a Gennargentu National Park has incited active opposition on the part of the communities affected. In the town of Baunei, responses to environmental legislation are motivated by the desire to maintain communal control over common lands. Political action, both formal and informal, is organised by local understandings about the impact of certain laws and institutions on the town economy, principally by the restriction of residents' usi civici (traditional rights of usufruct). This thesis considers the role and meaning of the usi civici in Baunei, and the implications of this for environmental politics in Sardinia.
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Farchakh, Loubna. "The concept of intergenerational equity in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.
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The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belongs to the realm of soft law. Nevertheless, legal implications can be drawn out from this theory. Different means of implementation can be envisioned, some belonging to the domain of soft law, other employing more classical tools, such as institutional mechanisms.
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Basurto, Gonzáles Daniel. "Mexican Environmental Legislation." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118481.
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The evolution of environmental law in Mexico has developed efficient mechanisms for environmental protection. Mexico’s legal system stems from the civil law tradition and therefore is a system of positivelaw. Thus, the Mexican legal system is based in written laws, regulations and other legalprovisions, created by the legislature (Federal Congress) and applicable in the Mexicanterritory, without losing sight of Mexican Official Standards (NOM’s) and Mexican Standards (NMX).The present article will make and overview on the transformation of environmental law since 1987’s constitutional reforms, to the present day.El tiempo y la experiencia en la aplicación de la Legislación Ambiental Mexicana ha sido detonante para el desarrollo de mecanismos cada vez más eficientes para la protección al medio ambiente.El Sistema Legal Mexicano es un sistema de derecho positivo. Así, el Derecho mexicano se encuentra basado en leyes escritas, reglamentos y otras disposiciones legales, creadas por el Congreso de la Unión y el Ejecutivo Federal; todas, aplicables en el territorio mexicano; sin perder de vista el rol de las Normas Oficiales Mexicanas (NOM’s) y las Normas Mexicanas (NMX).El presente artículo hará un recorrido en la transformación de la legislación ambiental desde las reformas constitucionales de 1987, hasta el día de hoy.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Thesis, Queensland University of Technology, 2007. https://eprints.qut.edu.au/16661/1/Christopher_James_Mcgrath_Thesis.pdf.
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The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Queensland University of Technology, 2007. http://eprints.qut.edu.au/16661/.
Full textAbstract:
The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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Mathew, Brenda A. "The Link Between Smart Growth in Urban Development and Climate Change." Thesis, 2013. http://hdl.handle.net/1805/3206.
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Blok, Robert Edmund. "Transboundary conservation - towards an institutional framework for integrated management : a case study of the Ndumo-Tembe-Futi transfrontier conservation area." Thesis, 2005. http://hdl.handle.net/10413/3332.
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Nkongolo, Kabange Jr. "Improving the governance of mineral resources in Africa through a fundamental rights-based approach to community participation." Thesis, 2013. http://hdl.handle.net/10500/14186.
Full textAbstract:
This study makes the assumption that community participation in the governance of mineral
resources is a requirement of sustainable development and that through a fundamental
rights-based approach, it can be made effective. The concern is that an affected community
should not only be involved in the decision-making process, but its view must also influence
the outcome in respect of whether or not a mineral project should take place and how it
should address development issues at local level. It is assumed that this legal approach will
improve mineral governance by bringing more transparency and accountability. In many
African resource-rich countries, community participation has until now been practiced with
more of a soft approach, with the consequence that it has been unable to eradicate the
opacity existing in the management of revenues generated by mineral exploitation and also
deal efficiently with the recurrence of fundamental rights violations in the mineral sector.
Obviously, the success of the fundamental rights based-approach is not absolutely
guaranteed because there are preconditions that must be fulfilled. The synergy between
community participation and some relevant concepts like democracy, decentarlisation,
accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights
based-approach is conceived here within the framework of the African Charter of Human
and People’s Rights, its normative and institutional components, despite the potential to
make participation effective and successful, require that some critical challenges be
addressed in practice. The study ends with the conclusion that the fundamental rights based-approach
is appropriate to make community participation effective in the mineral-led
development process taking place at local level, provided that its implementation is kept reasonable.Constitutional, International & Indigenous Law
D.Law
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Matyumza, Mlamli Mncedi. "Conservation legislation in Transkei." Thesis, 1995. http://hdl.handle.net/10413/5740.
Full textAbstract:
Societies in Transkei, particularly those along the coast, are confronted to varying
degrees by the problem and prospects of having to be removed from the areas which
they have occupied for decades, sometimes from time immemorial, to make space for
government schemes intended for the conservation of the environment and its
resources, as determined by various conservation legislation (Chapters 3 and 4).
These people have to be settled in new areas which lack the natural resources which
they enjoyed in their old areas and on which they depended for their survival and their
traditional style of life. What exacerbates the situation is that these removals are not
accompanied by development programmes to compensate the people for their loss.
Furthermore, the establishment of these conservation areas does not offer any
incentives for them to appreciated and see the benefit of conservation (Chapters 5 and
6).
Furthermore, although some of the conservation legislation anticipates that there
should be consultations with, and participation by, the local people before the
conservation programmes are implemented in order for them to present their opinions,
it does not seem that the government officials charged with the control and
administration of the legislation comply with this requirement. The result is that these
conservation programmes are met with resistance from the local people, resulting in
the government failing to attain the objectives of the legislation.
This study will briefly deal with the history and development of conservation legislation
in Transkei from the Colonial era (Chapter 2), and examine the provisions of the
applicable conservation legislation during the self-government of Transkei including
its independence up to its reincorporation into South Africa during April 1994.Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1995.
Books on the topic "Natural resources – Environmental aspects – Law and legislation"
1
Gruppe, Henry. Legal, regulatory and institutional aspects of environmental and natural resources management in Ghana. Washington, D.C: Forestry, Environment & Natural Resources, Agency for International Development, 1985.
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Gruppe, Henry. Legal, regulatory and institutional aspects of environmental and natural resources management in Malaysia. Washington, D.C: Forestry, Environment & Natural Resources, Agency for International Development, 1985.
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Ghana's transitional oil and gas industry: (legal, corporate & environmental aspects). Accra]: Binditi Chitor, 2012.
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J, Kopp Raymond, and Smith V. Kerry 1945-, eds. Valuing natural assets: The economics of natural resource damage assessment. Washington, D.C: Resources for the Future, 1993.
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Russia) Mezhdunarodnai︠a︡ konferent︠s︡ii︠a︡ "Zakonodatelʹstvo v SNG--garmonizat︠s︡ii︠a︡ v prirodookhrannom aspekte" (2001 Moscow. Zakonodatelʹstvo v SNG--garmonizat︠s︡ii︠a︡ v prirodookhrannom aspekte: Materialy mezhdunarodnoĭ konferent︠s︡ii, Moskva, 18-19 i︠a︡nvari︠a︡ 2001 g. Moskva: Mezhdunarodnyĭ gumanitarnyĭ fond "Znanie", 2001.
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A question of balance: Natural resources conflict issues in Australia. 3rd ed. Annandale, NSW: Federation Press, 2000.
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Mercer, David. A question of balance: Natural resources conflict issues in Australia. 2nd ed. Sydney: Federation Press, 1995.
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David, Mercer. A question of balance: Natural resources conflict issues in Australia. Sydney: Federation Press, 1991.
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9
Silva, Enrique A. Prieto. Derecho y economía del ambiente y de los recursos naturales: Derecho ecológico : "el derecho del milenio". Caracas: Editorial Cuzom, 2013.
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Stone, Christopher D. Should trees have standing?: Law, morality, and the environment. 3rd ed. New York: Oxford University Press, 2010.
Find full textBook chapters on the topic "Natural resources – Environmental aspects – Law and legislation"
1
"Regulatory Policies and International Treaties." In Environmental Toxicology, edited by Sigmund F. Zakrzewski. Oxford University Press, 2002. http://dx.doi.org/10.1093/oso/9780195148114.003.0020.
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The purpose of the National Environmental Policy Act (NEPA) is to ensure that all federally administered or assisted programs are conducted so as to take the environmental impact of their activity into consideration. The scope of NEPA includes privately financed and conducted projects for which federal licensing is required. The law also establishes a presidential advisory group called the Council on Environmental Quality (CEQ). The crucial section of the act (U.S. Code, Title 102, Pt. 2c), which concerns the environmental impact statement (EIS), states, in part, that The Congress authorizes and directs that, to the fullest extent possible . . . all agencies of the Federal Government shall . . . include in every recommendation or report on proposal for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on: •The environmental impact of the proposed action, • Any adverse environmental effects which cannot be avoided should the proposal be implemented, • Alternatives to the proposed action, • The relationship between local, short-term uses of man’s environment and maintenance and enhancement of long-term productivity, and • Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Environment in this context refers not only to wilderness, water, air, and other natural resources. It has a broader meaning that includes health, aesthetics, and pleasing surroundings. Although the law requires an EIS, it does not say anything about what conditions would be required in order to carry out the project. Moreover, NEPA does not give more weight to environmental considerations than it gives to other national goals. Thus the decision about implementation of a program is left to the courts. In practice, few projects have ever been halted by a court decision under NEPA. However, some projects have been abandoned or modified, before being challenged in court, because of NEPA. Figure 15.1 shows the framework of the federal environmental regulatory structure. Four federal agencies cover the environmental aspects of the national policy.
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Olawuyi, Damilola S. "The Conservation of Nature and Cultural Heritage." In Environmental Law in Arab States, 245–74. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192896186.003.0010.
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The Arab region is rich in biological, natural, and cultural resources. With more than 5,000 recorded species of plants, more than 10,000 species of animals, and five of the world’s 34 internationally recognized biodiversity hotspots, the Arab region boasts a diverse natural ecosystem. In addition to the variety of species and ecosystems, Arab countries are home to a wide variety of important cultural sites and monuments. There are about 33 biosphere reserves in 12 countries in the Arab states, which make the region an important destination for tourism. However, many of the natural and cultural resources in the Arab world currently face complex threats. Due to over exploitation, unsustainable resource utilization, conflicts, wars, and illicit trade in rare plants and animal species, a number of plant and animal species in the Arab region appear in the IUCN threat categories. This chapter examines key international and regional frameworks that govern the management of biological and cultural resources in the Arab region. It then examines the application of these international and regional frameworks at national levels in Arab states. The chapter discusses influential legislation and policies on conservation of nature and cultural heritage across the region.
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Banet, Catherine. "Planning for Resilience." In Resilience in Energy, Infrastructure, and Natural Resources Law, 45—C4.P81. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192864574.003.0004.
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Abstract The need to integrate different requirements related to energy, environmental protection, and climate change has resulted in the creation of new monitoring tools. Among them, planning is experiencing a revival. At the international, state, and local levels, this is taking the form of so-called ‘energy and climate plans’. Because global concerns need local implementation measures, the energy and climate plans are intended to ensure, on the one hand, that climate and energy measures are realized (thereby serving as a monitoring and compliance tool) and, on the other hand, that the different considerations are integrated and the different planning regimes are better coordinated (serving as an integrating and coordinating tool). Those plans come in addition to other existing plans within spatial and natural resources management. The increasing occurrence and impacts of disruptive nature-based events add another dimension to planning processes, calling for the integration of social-ecological resilience thinking into planning law. This chapter analyses the extent to which resilience is defined as a criterion in the legislation applying to the four planning processes for energy, climate, spatial, and natural resources management, and whether strategic environmental assessment rules could better support its integration and consistent application. It questions the legal nature of the resulting plans and thereby their enforceability. It identifies good practices across diverse jurisdictions and provides for recommendations to improve the legal framework.
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Luong, Hai Thanh. "Contributions and Responsibilities of Police Forces in Natural Disasters." In Advances in Human and Social Aspects of Technology, 90–110. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7210-8.ch005.
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In Vietnam, the presence of the police as primary responders is articulated in the Constitution and included in national legislation on disaster management as well as public security law. This chapter used desk-based research for data collection, including legal documents of government and Ministry of Public Security, to review and assess current policies and practices. Some selected case studies, based on available resources in disaster management of Vietnam between 1997-2017, are also utilized to illustrate for implementing eight main tasks of police in mitigation, preparedness, response, and recovery. Findings pointed out that by implementing professional skills and effective measures, police in Vietnam played as core leading to support and assist the government and local citizens in natural disaster events. Some distinguishing features of police in a communist country to implement the ‘four on-the-spot' motto of police in natural disasters call for further studies in the future.
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Redgwell, Catherine. "Building Resilience from the Top Down? The Role of International Law and Institutions." In Resilience in Energy, Infrastructure, and Natural Resources Law, 32—C3.N91. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192864574.003.0003.
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Abstract This chapter assesses the resilience-building capacity of international law and institutions in the context of energy and related fields. It considers two aspects of building resilience from the top down. First, it argues that the extent to which binding international norms and principles can dynamically change and evolve, especially when confronted by disrupting events, is a measure of their resilience. The focus is principally on treaty law, given the important normative role treaties perform in the energy and related fields. Their flexibility and capacity to adapt over time in response to economic, technical, and environmental changes can be demonstrated in a variety of ways, ranging from treaty amendment to more nimble methods for incorporation of external norms and evolutive interpretation of treaty provisions. Secondly and relatedly is the role of international institutions in this process. Building sustainable institutional structures plays a key role in disaster risk reduction and response. Some areas of international law such as international disaster law, and some institutions such as the International Energy Agency, may be viewed as hard-wired to respond to catastrophic change and emergencies, with treaty bodies and institutions playing a catalytic role in responding to disruption. However, there is no ‘one stop shop’ with respect to disaster management and response in international law and no general multinational treaty on disaster law. Nonetheless, prevention and disaster response are already part of the fabric of substantive international law in some contexts such as oil pollution casualties and nuclear incidents.
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Kaj, Hobér. "10 Part IV: Miscellaneous Provisions." In The Energy Charter Treaty. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780199660995.003.0010.
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This chapter studies Part IV of the Energy Charter Treaty, which is entitled ‘Miscellaneous Provisions’. Article 18, dealing with sovereignty over natural resources, is the first article in Part IV of the ECT. This is significant, because the placement of Article 18 outside of Part III of the ECT means that the provisions in Article 18 cannot be made the subject of the dispute settlement mechanism in Article 26 of the ECT, which requires that there be an alleged breach of an obligation under Part III of the ECT. Meanwhile, Article 19 deals with environmental aspects and Article 20 with transparency. Article 21, concerning taxation, has a complex structure such that interpretation based on the Vienna Convention may be required. Article 22 deals with a Contracting Party's obligations in relation to the conduct of state enterprises (paragraphs 1 and 2); the conduct of entities which it has entrusted with governmental authority (paragraph 3); and the conduct of entities which have been granted exclusive or special privileges (paragraph 4). Article 23 addresses the responsibility of Contracting Parties for acts of all organs of government, be they at the national, regional, or local level. Article 24 sets forth a number of general exceptions to the obligations set out in the ECT. Lastly, Article 25 sets forth a separate exception related to most-favoured-nation treatment for members of an economic integration agreement (EIA).
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Zębek, Elżbieta, and Leda Zilinskiene. "Waste management and human rights to the environment in Polish and Lithuanian legal solutions." In Human Rights - From reality to the virtual world, 368–82. Publisher House WSGE Alcide De Gasperi University of Euroregional Economy ul. Sienkiewicza 4 05-410 Józefów, 2021. http://dx.doi.org/10.13166/wsge/odrr4755.
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Basic human rights are set out in the Universal Declaration of Human Rights. Moreover, human rights to the environment were identified with 3rd generation human rights as the principles of solidarity and subsidiarity. These rights may be disturbed through pollution of the environment causing by improper waste management…Therefore, it is important to comply with the various principles of waste management specified in the Directive 2008/98/EC, which provisions were implemented into the legislation of Poland and Lithuania. The purpose of this article is indicate the legal principles of waste management and human rights to the environment for example of these countries. In Poland, waste management should be carried out with the protection of human health and life, in particular, it must not pose a threat to environmental elements and effects on cultural and natural areas. Similarly, there are protected the same resources in Lithuania with paying attention to not exceeding the normative standards. Therefore, principles of environmental law and waste management plays a crucial role in safeguarding human right to environment due to their needs.
Conference papers on the topic "Natural resources – Environmental aspects – Law and legislation"
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GOLOVKO, Liudmyla. "IMPLEMENTATION OF EU WATER POLICY IN UKRAINE: PROBLEMS AND PERSPECTIVES." In RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.103.
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The use, protection and management of water resources belong to the most urgent among global environmental problems of our time. Today, the civilization clearly realizes the need for careful management of water resources, maintaining and restoring its quality. Water quality determines the possibility of its use in various fields of human activity. For Ukraine problems of water sector are also acute and urgent. Low efficiency of water use, poor drinking water quality, nitrate contamination of water resources, poor condition of water bodies in Ukraine require more foreign experience in this sphere, especially the EU experience. The purpose of our scholarly work is to explore actual problems of harmonization of water legislation of Ukraine with the requirements of EU water policy and development of proposals for the improvement of Ukrainian legislation. Main features of harmonization of Ukrainian legislation in the water resources management sphere with EU law and prospects for implementation of principles of EU Water Framework Directive were analyzed. As a result of the study the ways of implementation of positive foreign experience of water objects management in Ukraine are considered. Considering the scale of ecological crisis in Ukraine the necessity of forming a new system of economic regulators of nature is obvious. Such system must not only accumulate funds for urgent actions, but primarily encourage economic entities to protect the natural environment. We consider it appropriate to introduce mandatory environmental insurance for operators of environmentally hazardous activities.
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Činčurak Erceg, Biljana, Aleksandra Vasilj, and Aleksandra Perković. "FIT FOR 55 – DOES IT FIT ALL? AIR AND RAIL TRANSPORT AFTER COVID – 19 PANDEMIC." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22411.
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The main principle of sustainability means being able to meet the needs of today’s society without compromising the ability of future generations to meet their own needs. Sustainable development implies the interdependence of its main components: society, economy, and ecology. The prosperity of a society depends on economic progress and the development of new technologies, but in a way that the natural environment is protected and preserved. This concept is inextricably linked to the concept of ecology and, consequently, to all types of transport, given that transport is considered one of the main pollutants of the ecosystem. Due to its rapid development through history, and as the youngest and safest type of transport, air transport is particularly subjected to the environmental impact assessment. At the same time, air transport affects the global economy due to its connection with other sectors, which in turn enables faster mobility of people, services, and goods. This was especially evident with the increased need for faster medical supplies and protective equipment delivery during the COVID-19 pandemic. The European Union’s transport policy is geared towards sustainable development by linking all environmental and social goals in a balanced way. Considering the negative long-term impact of COVID-19 on the air transportation sector, the question posed in this paper is whether this can be done in an appropriate way. As part of the European Green Deal, the “Fit for 55” package is a set of proposals to revise and update EU legislation with the purpose of introducing new initiatives regarding the climate goals agreed by the Council and the European Parliament. Regarding air transport, the emphasis is on contributing to reducing CO2 emissions and noise pollution and their impact on other sectors and competitiveness. The EU Commission White Paper: “Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system” emphasizes that the EU aviation industry should become a frontrunner in the use of low-carbon fuels to reach the set targets, as well as that the majority of medium-distance passenger transport should go by rail by 2050. There are also initiatives that aviation taxes should subsidize high-speed rail (HSR), which potentially may cause a decrease in the air transport and benefit an increase the rail transport. The paper will also address the questions as to whether existing legislation, measures, and proposals are appropriate, considering that aviation is one of the industry sectors that is most affected by COVID-19 and could be most affected by the “Fit for 55” package, as well what impact this duopoly might have on the market for travel served by air transport. Does really “Fit for 55” fit air transport?