Journal articles on the topic 'Natural resources – Environmental aspects – Law and legislation'
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1
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.
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Jobin, Jean-François. "Étude de certains aspects du droit nucléaire canadien." Articles 22, no. 2 (April 12, 2005): 347–70. http://dx.doi.org/10.7202/042440ar.
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The law respecting nuclear energy has to date been the subject of relatively few studies in Canada. Considering, however, the growing importance of nuclear energy as a new or additional form of energy, besides oil, gas, coal and hydroelectric power, and on the other hand, the increase in public concern about the possible consequences of the nuclear option, especially on health and the environment, this area of law is undoubtedly bound to experience a major development. The purpose of the present article is to study existing federal legislation on the matter, as well as its effects on certain provincial jurisdictions, more particularly in Quebec. The author, after recalling certain technical data concerning components and functions of nuclear reactors, proceeds to analyse the main intervenors in the nuclear field, as contemplated by the Atomic Energy Control Act. One cannot help but acknowledge that the Atomic Energy Control Board, by means of its important supervisory and regulatory powers, intervenes at all stages of the nuclear cycle. The author also studies the constitutional basis for the federal intervention in this field of activity. After eliminating the national defence power, the national dimension theory and the emergency power as possible alternatives, he concludes that while Parliament may perhaps invoke its residuary power, its declaratory power appears as the surest constitutional basis for asserting its legislative authority over that particular matter. In the last part of the article, the author attempts to emphasize the effects of federal intervention on provincial property rights over uranium mines, and on provincial jurisdictions over labour relations, health and safety at the workplace and environmental protection. This analysis points out that provincial legislative authority over the management and development of their natural resources is not only inapplicable in respect of uranium, but that their property rights over uranium mines are rather precarious. It seems clear, further, that jurisdiction over labour relations within nuclear undertakings lies exclusively with the federal authority. One could argue that such is also the case with those aspects of nuclear undertakings which are connected with workers' health and safety as well as environmental protection, since those matters are intimately linked with the control of atomic energy. Two main conclusions can be drawn from this study. Firstly, it appears certain that Parliament, in legislating as it did, intended to regulate the whole nuclear energy cycle, from the extraction of uranium ore to the ultimate disposal of nuclear waste. Secondly, that authority could hardly be challenged by provinces or any other interested party, at least on constitutional grounds.
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Volkova, A. O. "LEGAL AND ORGANIZATIONAL BASIS OF ENVIRONMENTAL IMPACT ASSESSMENT." Economics and Law, no. 3 (November 25, 2021): 28–36. http://dx.doi.org/10.15407/econlaw.2021.03.028.
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The article notes that economic priorities remain subordinated to economic activity, and the economic development of the state is supported by unbalanced activities of natural resources. It should be emphasized that after the signing of the Association Agreement between Ukraine and the European Union, our state undertook to be involved in the harmonization of environmental legislation with European ones. One such step was the adoption of the Law of Ukraine “On Environmental Impact Assessment”, according to which most enterprises must go through an environmental impact assessment procedure when planning their activities that will have an impact on the environment. Emphasis is placed on the fact that environmental impact assessment is an administrative procedure that has clearly defined stages, rights and responsibilities of its subjects and is carried out by the competent authorities. Legal and organizational aspects of environmental impact assessment are identified. The stages of the environmental impact assessment procedure are analyzed. It is substantiated that the decision on the obligation to carry out an environmental impact assessment for the planned activity is made by the subjects of this activity. However, it is emphasized that the current legislation does not define the entity that has the right and obligation to monitor the compliance of decisions with these criteria if the entity believes that its activities do not fall under the criteria of mandatory impact assessment on the environment. It is determined that the environmental impact assessment procedure is aimed at the development of environmentally friendly economic activities, achieving a balance of interests of economic entities, residents of the territory in which these activities are carried out and the state. Emphasis is placed on the fact that the legal and organizational framework for environmental impact assessment is currently clearly spelled out in the legislation, but their practical implementation is not in full, which suggests that the main purpose of the Law of Ukraine “On Environmental Impact Assessment” is not is achieved. It is concluded that the environmental impact assessment procedure is multi-stage.
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Dawei, He, and Chen Jingsheng. "Issues, perspectives and need for integrated watershed management in China." Environmental Conservation 28, no. 4 (December 2001): 368–77. http://dx.doi.org/10.1017/s037689290100039x.
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Water management issues at the scale of whole river basins are becoming significant public concerns in China. Adverse aspects of basin-wide mismanagement of water resources in China are reviewed and analysed with respect to watershed management organizations, systems and policies, legislation and implementation of law, public participation, and other pertinent fields. Several critical issues in watershed management should be addressed in the immediate future, including divided jurisdiction and overlapping responsibilities of water management agencies, water pricing, lack of attention to non-point sources, absence of legislation regarding both watershed organizations and public participation, and illegal implementation of existing environmental laws and national policies concerning agriculture and farmers. Based on those analyses and worldwide practices, conceptual frameworks for integrated watershed management in China, including organization, legislation and institutions, are put forward both for the short and the long term. As a national focus, the Three Gorges Project is expected to have potentially disastrous environmental impacts. Mismanagement in the Three Gorges watershed is indicated, including piecemeal approaches to management, absence of legislation and a watershed approach that is disintegrated by administrative boundaries.
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Priyanta, Maret. "THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia." Tadulako Law Review 1, no. 2 (December 31, 2016): 119. http://dx.doi.org/10.22487/j25272985.2016.v1.i2.7130.
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The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL), which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.
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Magano, Deivid Araujo, Ivan Ricardo Carvalho, Danieli Jacoboski Hutra, Murilo Vieira Loro, Marta Tremea, Valéria Escaio Bubans, Francine Lautenchleger, Luiz Leonardo Ferreira, Maicon Roberto Ribeiro Machado, and Joaquim Almério Jerónimo. "Brazilian forest code: Advances and setbacks." July 2021, no. 15(07):2021 (July 7, 2021): 965–69. http://dx.doi.org/10.21475/ajcs.21.15.07.p3285.
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In a scenario of expansion of agricultural frontiers, based on the production of grain and other commodities, Brazil today lives in a privileged position when it comes to the production and productivity of various agricultural crops and livestock. However we can see that developments in the legislative system often do not keep pace with anthropic action, which makes the degradation of the natural environment potentially disturbing. The evolution in jurisprudence has to occur concisely and quickly based on landscape parameters, and from the perspective of the technique, with a holistic behavior focused on the actions of preservation and conservation of natural resources. Forests are indispensable systems in the process of 'water generation', contributing significantly to the dynamics of the hydrological cycle, a complex and fundamental mechanism for the maintenance and regulation of life on earth. In this sense, the objective of this article is to explain some environmental, technical and legislative aspects related to the Forest Codes that were in force in Brazil, analyzing its historical relevance, flaws and finally major changes. Its preparation was based on articles, books and materials available online from the available knowledge bases. A broad revision was carried out including the Magna Carta in addition to the laws that deal with the Brazilian Forest Code, in its three versions of 1934, 1965 and 2012. As articulated considerations it can be verified that despite the evolution in the form of proposition of the current law, some modifications still need to be made, considering that the current Forest Code contains residual political and economic sequelae that neglect the socio-environmental character, and that even after the adoption of its latest version, severe damage is still being caused to the natural environment, which requires greater commitment from regulators to enforce legislation
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Bulgakov, A. O., V. O. Ivantsov, V. S. Makarenko, K. O. Dubova, and S. M. Klimova. "Mechanism of protecting forest and land resources of Ukraine from illegal amber mining: legal aspect." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 1 (February 28, 2022): 83–87. http://dx.doi.org/10.33271/nvngu/2022-1/083.
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Purpose. To determine a legally established mechanism of criminal-legal protection of forest and land resources on the territory of Ukraine where illegal amber mining is carried out. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations for environmental protection and rational use of natural resources during amber mining; system-structural method when separating the social relations of the constituent elements protected by the law within the specified structure; when analyzing the forms of socially dangerous acts of crimes under Articles 240-1, 239 and 245 of the Criminal Code of Ukraine; logical-dogmatic method during the interpretation of certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation; comparative law method - in the study of the relationship of objective signs of acts under Articles 201-1, 239 and 245 of the Criminal Code of Ukraine. Findings. It is established that the criminal law protection of Article 240-1 of the Criminal Code of Ukraine covers public relations for the protection and rational use of amber resources, forest and land resources. The former ones are the main direct object of the crime, the latter ones are the direct additional objects of this crime. The range of objects of this crime is established amber, forest and land resources. The collision of norms of Articles 240-1 and 245 and Articles 240-1 and 239 of the Criminal Code of Ukraine. Originality. It is established that the object of the crime under Article 240-1 of the Criminal Code includes the main direct object public relations for the protection and rational use of amber resources and two direct additional objects of crime: public relations for the protection and rational use of forest and land resources. It is determined that damage to forests due to illegal amber mining must be further qualified under Part 1 of Article 245 of the Criminal Code of Ukraine if illegal mining is carried out in a generally dangerous manner. This crime must be further qualified under Part 1 of Article 239 of the Criminal code of Ukraine if illegal extraction of amber is carried out with violation of special rules of treatment of substances, waste or other materials. Practical value. From a practical point of view, the results of the study will contribute to the correct qualification of practitioners of illegal amber mining in Ukraine.
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Barna, Iryna. "THE CONCEPT OF ENVIRONMENTAL IMPACT ASSESSMENT FROM THE PERSPECTIVE OF SYSTEMATIC ANALYSIS." SCIENTIFIC ISSUES OF TERNOPIL VOLODYMYR HNATIUK NATIONAL PEDAGOGICAL UNIVERSITY. SERIES: GEOGRAPHY 51, no. 2 (December 8, 2021): 15–23. http://dx.doi.org/10.25128/2519-4577.21.2.2.
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Environmental impact assessment as a tool to prevent the negative impact of economic objects was initiated in response to the challenges that arose in the «nature-society-economy» system (NSES). Today, the interaction of society and nature is manifested through the economy, in particular, in construction, reconstruction, technical retrofitting, expansion, redevelopment of various economic facilities, which is inevitably accompanied by changes in parameters, qualitative and quantitative characteristics of the environment. Afterwards, it could potentially cause damage to the environment. This makes environmental safety, environmental protection, rational use and reproduction of natural resources necessary.
Understanding the system as interconnected components that acquire the characteristics of the whole, as opposed to a set of components, determines the need to consider the environmental consequences of the activity from the perspective of the system, which is formed on the basis of natural resource potential. Consideration of issues related to the process of economic activity, the peculiarities of the functioning of economic facilities from the standpoint of the prospects of socio-economic development of the region, country or through the prism of economic indicators was disadvantageous. Economic indicators served as a basis for the analysis of the relationship in the «society-economy» system and were assessed at the level of meeting the needs of the population through the category of demand and efficiency of the factory that provided supply. However, the environmental aspects of the factories' activities were removed from the equation, especially in the absence of legislative regulation of the decision-making processes on economic activities that may have a significant impact on the environment, taking into account governmental, public and private interests.
Systematic analysis as a category is reflected and applied in science, economics, management (when making decisions based on the fundamental concept of «system»). The founder of the general theory of systems K.L.von Bertalanffy defined a «system» as a set of interacting elements that are in a certain relationship between themselves and the external environment. The interaction between the system and the external environment is realized through input and output streams, which combine nature, society and economy (production, economics). Thus, systematic analysis in the process of environmental impact assessment is a set of methods, means of implementing a systematicatic approach in the preparation and justification of decisions on the implementation of planned activities.
Today, systematic analysis most fully determines the activities of authorized government authorities. EIA department employees of regional administrations analyze project materials for compliance with the requirements of the latest environmental legislation and thus ensure compliance with the commitments of the state regarding «nature» and «society». To this end, the Law of Ukraine on EIA also provides for public participation, which can influence decision-making through comments and suggestions on planned activities.
To implement a systematic approach in the NSES EIA employees of regional administrations analyze project materials from the standpoint of balance of environmental and economic interests, so only on the basis of systematic analysis decisions can be made on the introduction of planned activities that will ensure the implementation of the goal of environmental impact assessment.
Economic agents are less likely to implement a systematic analysis of the planned project for many reasons. This state of affairs is the result of consideration of the project by the economic agents at the level of the «economy» component outside the NSES. The project of the planned activity pursues private economical interests which can even be in a fairway of programs of regional social and economic development of the region, but at the same time neglects balance of economic and ecological interests. The latter provides for the minimization of damage to the environment, the rational use of natural resources of the territory during the implementation of planned activities, which requires consideration of the relationship between the economy and nature in the NSES. Environmental interest also includes the need to ensure a safe environment for living and health while carrying out the activities.
Key words: environmental impact assessment, planned activity, system, systematic approach, systematic analysis.
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Palianychko, Nina. "TRENDS OF DEVELOPMENT OF INFRASTRUCTURE OF FINANCIAL AND ECONOMIC INSTRUMENTS FUNCTIONING OF SUSTAINABLE AGRICULTURAL LAND TENURE." Economic Analysis, no. 27(1) (2017): 67–72. http://dx.doi.org/10.35774/econa2017.01.067.
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Introduction. The uniqueness of the processes of land tenure development in Ukraine is conditioned by the presence of an optimum combination of conditions and factors. The profitability of crop depends on these factors. Among them we can distinguish the favourable combinations of soil and climatic conditions. But the situation is burdened by many crisis situation of industrial and economic, social and economic, ecological and economic nature that prevents a balanced development of the land tenure. The increase in production of certain crops and the profitability of crop sector has been achieved by reducing the natural fertility of the land. Economic gains are paid by the unbalanced structure of territorial management and fertilization, the use of old extensive technology. Correction requires existing the state administrative decisions and rational use of limited financial resources. It will be possible to achieve by improving environmental and economic mechanisms of sustainable land tenure. Specifically, the system needs improving financial and economic instruments, which aim to serve as the infrastructure for the entire system properly. Purpose. The article aims to identify the aspects of improving the system of financial and economic instruments within the ecological and economic mechanism as the infrastructure for sustainable agricultural land tenure implementation. Method (methodology). The method of analysis and synthesis, abstract and logical method, method of statistical analysis, graphic methods have been used in this research. Results. The development of environmental and economic mechanism of implementation of the strategy to ensure an acceptable level of agro ecological safety in Ukraine needs to study the system of economic instruments simultaneously perform infrastructure functions to achieve a balanced level of land use. The paper presents the scheme of ecological and economic mechanism of implementation strategies of land market regulation in Ukraine. According to this scheme it is made an attempt to separate the financial and economic instruments for motivation and encouragement of groups that perform infrastructure functions to ensure a balanced level of agricultural land. An important aspect of improving the ecological and economic mechanism for achieving an acceptable level of agro ecological safety in regions of any taxonomic level is the development and implementation of risk insurance instrument of agricultural land. It requires the development of theoretical and methodological aspects and improvement of the legislative field. Specifically, it is necessary to adopt the law "On Environmental Insurance". It has to consider the problems of sustainable use of agricultural land.
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Heinen, Joel T., and Roberta (‘Bobbi’) S. Low. "Human Behavioural Ecology and Environmental Conservation." Environmental Conservation 19, no. 2 (1992): 105–16. http://dx.doi.org/10.1017/s0376892900030575.
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We contend that humans, as living organisms, evolved to sequester resources to maximize reproductive success, and that many basic aspects of human behaviour reflect this evolutionary history. Much of the environment with which we currently deal is evolutionarily novel, and much behaviour which is ultimately not in our own interests, persists in this novel environment. Environmentalists frequently stress the need for ‘sustainable development’, however it is defined (seeRedclift, 1987), and we contend that a knowledge of how humans are likely to behave with regard to resource use, and therefore a knowledge of what kinds of programmes are likely to work in any particular situation, is necessary to achieve sustainability. Specifically, we predict that issues which are short-term, local, and/or acute, such as an immediate health-risk, will be much easier to solve than issues which are broad, and which affect individuals other than ourselves, our relatives, and our friends. The bigger the issue is, the less effective is likely to be the response. Hence, the biggest and most troublesome ecological issues will be the most difficult to solve —inter aliabecause of our evolutionary history as outlined above.This may not appear to bode well for the future of the world; for example, Molte (1988) contends that there are several hundred international environmental agreements in place, but Carroll (1988) contends that, in general, none of them is particularly effective if the criterion for effectiveness is a real solution to the problem. There are countless examples of ‘aggressors’ (those nations causing the problem) not complying with an agreement, slowing its ratification, or reducing its effectiveness (e.g.the USversusCanada, or Great BritainversusSweden, with regard to acid rain legislation: Fig. 1,cf.Bjorkbom, 1988). The main problem in these cases is that the costs are externalized and hence discounted by those receiving the benefits of being able to pollute. Any proposed change is bound to conflict with existing social structures, and negotiations necessarily involve compromise in aquid pro quofashion (Brewer, 1980). We contend, along with Caldwell (1988) and Putnam (1988), that nations are much too large to think of as individual actors in these spheres. Interest groups within nations can affect ratification of international environmental treaties; for example, automobile industry interestsversusthose of environmental NGOs in the USA on the acid rain issue. It may even be that our evolutionary history is inimical to the entire concept of the modern nation state.Barring major, global, socio-political upheaval, we suggest that a knowledge of the evolution of resource use by humans can be used to solve at least some resource-related problems in modern industrial societies. In some cases, these can probably be solved with information alone, and in other cases, the problems can probably be solved by playing on our evolutionary history as social reciprocators; environmental problems which tend to be relatively local and short-term may be solvable in these ways. Economic incentives can provide solutions to many other types of problems by manipulating the cost and benefits to individuals. We suggest that broader, large-scale environmental problems are much more difficult to solve than narrower, small-scale ones, precisely because humans have evolved to discount such themes; stringent regulations and the formation of coalitions, combined with economic incentives to use alternatives and economic disincentives (fines) not to do so, may be the only potential solutions to some major, transboundary environmental issues.In preparing this argument, we have reviewed literature from many scholarly fields well outside the narrow scope of our expertise in behavioural ecology and wildlife conservation. Our reading of many works from anthropology, economics, political science, public policy, and international development, will doubtless seem naïve and simplistic to practitioners of those fields, and solving all environmental problems will ultimately take expertise from all of these fields and more. In general, however, we have found agreement for many of our ideas from these disparate disciplines, but much of their literature does not allow for a rigorous, quantitative hypothesis-testing approach to analysing the main thesis presented here — an approach that we, as scientists, would encourage. We hope to challenge people interested in environmental issues from many perspectives, to consider our arguments and find evidence,proorcon, so that we (collectively) may come closer to a better analysis of, and ultimately to solutions for, our most pressing environmental problems.
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SALO, MATTI, and AILI PYHÄLÄ. "Exploring the gap between conservation science and protected area establishment in the Allpahuayo-Mishana National Reserve (Peruvian Amazonia)." Environmental Conservation 34, no. 1 (March 2007): 23–32. http://dx.doi.org/10.1017/s0376892907003700.
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Global assessments demonstrate that as a conservation measure protected areas (PAs) are incomplete, and tend to be poorly documented in the international scientific literature, hindering the assessment of their scientific and policy foundations. The step from mapping priority areas for biodiversity conservation based on scientific information to formulating the practical tools for conserving biological diversity is critical; several key aspects such as legislative frameworks, multi-scale politics and socioeconomic realities must be taken into account. With the planet's human population continuing to grow, this step is all the more crucial, as the designation of PAs is increasingly being forced alongside the development frontier. This paper examines the process of reserve establishment in the case of the Allpahuayo-Mishana National Reserve (AMNR) (Peruvian Amazonia). On the basis of interviews, document analysis and media studies, a series of actions and reactions worked to shape the ultimate categorization and management plan of the AMNR. While scientific knowledge played a central role in the initial selection of the AMNR site, a number of critical aspects such as estimated environmental services, unresolved land entitlements, use values and multi-scale politics needed to be addressed in order to meet the originally set objective of biodiversity conservation. The importance of several biophysical features of the AMNR was initially emphasized as a key argument for conservation, whereas potential benefits of the AMNR (such as environmental services, particularly at the regional scale) proved to be the ultimate driving factor. Between the AMNR's official establishment in 1999 and its approved categorization and management plan in 2004 and 2005, respectively, a substantial shift in argumentation was witnessed. This change was particularly influential in that, contrary to what was initially expected, the livelihood requirements of local communities that were strongly linked to land entitlements and natural resources management came to play an essential role in both the categorization process and in the elaboration of the management plan of the Reserve. The AMNR was only effectively established because of this shift in emphasis.
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Bertouille, S. "Wildlife law and policy." Animal Biodiversity and Conservation 35, no. 2 (December 2012): 159–61. http://dx.doi.org/10.32800/abc.2012.35.0159.
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One of the crucial issues of our decades is how to stop the loss of biodiversity. Policy–makers need reliable data to base their decisions on. Managing wildlife populations requires, first of all, science–based knowledge of their abundance, dynamics, ecology, behaviour and dispersal capacities based on reliable qualitative data. The importance of dialogue and communication with the local actors should be stressed (Sennerby Forsse, 2010) as bag statistics and other monitoring data in wildlife management could be more precise if local actors, notably hunters, were better informed and aware of their importance, especially in supporting existing and emerging policies at national and international levels. Another essential issue in wildlife management is the conflicts generated by humans and their activities when they interact with wildlife (Heredia & Bass, 2011). A sociologic approach is required to take into account those human groups whose interests are divergent, facilitating communication and collaborative learning among these users of the same ecosytem. Obstacles should be addressed and solutions devised to protect and encourage a sustainable use of this ecosystem in, as much as possible, a win–win relationship. Policy objectives and mana-gement strategies should be discussed and debated among the stakeholders involved, then formulated. Policies can be translated into different types of instruments, economic and legislative, but also informative and educa-tive. As awareness of the actors is a key factor of successful regulation, the regulations should be sufficiently explained and stakeholders should be involved in the implementation of these regulations as much as possible. Finally, the effectiveness of the regulations should be evaluated in light of their objectives, and where necessary, the regulations should be strengthened or adapted to improve their performance (Van Gossum et al., 2010).The various aspects of the processes described above were highlighted in the plenary talk and the five oral communications presented during the session on wildlife law and policy. In his plenary talk, Dr Borja Heredia, Head of the Scientific Unit of the Secretariat of the CMS/UNEP in Bonn, pointed out different sources of human–wildlife conflicts, such as the logging activities in subtropical forests that induce overexploitation and poaching for bushmeat consumption; the problem of predators on livestock and the poisoning of lions in the Masaï Reserve; animals invading the human territory; and game species as a vector of diseases in humans and livestock (Heredia & Bass, 2011). Heredia stressed the importance for wildlife managers to deal with the human dimension; he stressed the importance of successful conflict management based on principles such as a non–adversial framework, an analytical approach, a problem–solving orientation, the direct participation of the conflicting parties, dialogue as a basis for mutual understanding and facilitation by a trained third party. Heredia explained how the Convention on Migratory Species of Wild Animals (UNEP/CMS) contributes to confict resolution and in this way increases the chance of survival of these species. The CMS (see CMS website) works for the con-servation of a wide array of endangered migratory animals worldwide through the negotiation and implementation of agreements and action plans. Migratory species threatened with extinction are listed in Appendix I of the Con-vention. CMS parties strive towards strictly protecting these animals, conserving or restoring the places where they live, mitigating obstacles to migration and controlling other factors that might endanger them. Besides establishing obligations for each State joining the CMS, CMS promotes concerted action among the Range States of many of these species. Migratory species that need, or would significantly benefit from, international co–operation are listed in Appendix II of the Convention. For this reason, the Convention encourages the Range states to reach global or regional agreements. The Convention acts, in this res-pect as a framework convention. The Agreements may range from legally binding treaties (called agreements, there are seven) to less formal instruments, such as Memoranda of Understanding, or actions plans (there are 20), and they can be adapted to the requirements of particular regions. The development of models tailored according to the conservation needs throughout the migratory range is a unique capacity to CMS. Heredia detailed inter alia the Agreement on the Conservation of Albatrosses and Petrels, the Great Apes Survival Part-nership, the Agreement on the Conservation of Gorillas and their Habitats, the MoU on the Saïga Antelope, and the Programme for the Conservation and sustainable use of the wild saker falcon (Falco cherrug) in Mongolia.The talk of Sarah Wilks, research fellow at the School of Law, University of Western Sydney, illus-trated the importance of adequate transparency and public consultation in environmental and conservation law and decision making. Wilks (2012) examined the Australian legislation concerning animal welfare and the export of Australian wildlife products and, as a case study, explored the Tasmanian State Government’s recent decision to promote the com-mercial harvest and export of brushtail possums She pointed out that although the Enviromment Protection and Biodiversity Conservation 1999 (EPBC) process intended to be open and co–operative, it is not, in prac-tice, co–operative, public and transparent. The export of possum products requires Australian Government approval under the Department of Primary Industries, Parks, Water and Environment (EPBC). Wilks (2012) assessed the Tasmanian Wildlife Trade Management Plan for Common Brushtail Possums developed by the EPBC, the public submissions to the Austra-lian Government, and the Australian Government’s response against the provisions of the EPBC. As a result, she deplored that welfare outcomes, like that of back or pouch juveniles whose mother had been trapped or killed have not been adequately considered either at Tasmanian State or at Australian Govenment level. She concluded by deploring that submissions on ethical grounds could not yet be considered by the Australian Government because the decision to harvest or not to harvest is made at State level, and yet the Tasmanian State legislation is deficient in mandating public consultation.Data on hunting and game resources provide quan-titative and qualitative information on game species, but moreover, game monitoring has shown to be efficient in identifying threats to biodiversity, such as biodiversity problems in agriculture and forest ecosystems, and also to be an early warning in assessing threats from invasive alien species (Sennerby Forsse, 2010). They are an essential tool for game managers, scientists and policy–makers, and hunters and hunter organisations are key resources in the collection of this information.The ARTEMIS data bank was initiated by the Federation of Asssociations of Hunting and Conservation of the Euro-pean Union FACE (see ARTEMIS website) to improve information about game in support of existing and emer-ging European policies. The objective of ARTEMIS is to centralise and analyse, in a coordinated and coherent Animal Biodiversity and Conservation 35.2 (2012)161extending the ban to all waterfowl hunting and not only that undertaken in protected wetlands.The presentation of K. E. Skordas, from the Hunting Federation of Macedonia and Thrace, Research Divi-sion, Greece, illustrated the contribution of the Hellenic Hunters Confederation (HHC) to law enforcement for wildlife protection. It showed how stakeholders, hun-ters, set up heir own Game Warden Service in 1999, through their Hunting Associations, in order to assume responsibility for the control of illegal hunting and wil-dlife protection, in collaboration with the local Forest Service. These game wardens carry out repressive and preventive controls and prosecutions. Besides this initiative, information campaigns are organised by the HHC to improve hunters’ awareness (see website of the Hellenic Hunters Confederation, HHC). Skordas & Papaspyropoulos (2011) analysed the relation between law enforcement, hunter awareness and infringement categories, classed in degree of influencing wildlife protection. They observed a strong reduction in the number of infringements; particularly, they found that hunting out of season and hunting without a license decreased from 23.4% to 7.31% and from 30.12% to 11.8%, respectively.All the talks presented in this session stressed the importance of dialogue in wildlife management as a basis for mutual understanding. Communication and involvement of the local actors/stakeholders are key factors at different stages of wildlife management: when collecting reliable data on which policy–makers may draw up their decisions, when debating policy objectives and strategies, and when implementing regulations and administrative acts
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Pello, Jimmy, and Apolonia Diana Sherly da Costa. "Law Protection for Tuak Tree (Borassus Sundaicus) in Kupang City of the West Timor Island, East Nusa Tenggara Province, Indonesia." Journal of Geography and Geology 11, no. 2 (May 30, 2019): 55. http://dx.doi.org/10.5539/jgg.v11n2p55.
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Lontar tree is one of the biological resources that ecologically has a wide and varied distribution. From the description of Beccari (1913), palm leaves which are growing in Indonesia are Borassus Sundaicus. Lontar tree is a dry land resistant plant that has a wide spread, grows in several areas in Indonesia such as in the eastern part of Java Province (i.e. Madura), Bali, West Nusa Tenggara Province, and East Nusa Tenggara Province (Nusa Tenggara Timur or NTT). NTT is a natural distribution area of palm oil, namely on Timor Island, Flores, Sumba, Savu, Rote and other Islands including in the West Timor Island (Kupang City). For the people in Kupang City, lontar tree is more familiar with the term Tuak tree (Timor’s language) or Palm Tree. Tuak tree has benefits for the culture, social, health and economy of the community. However, with various benefits, of course there are problems, namely the existence of threats to the sustainability of its existence. The development in Kupang City has converted the land where Tuak trees are grown for the benefit of government offices, the private sector, residential settlements, the economy, and other public facilities. The threat to the preservation of Tuak trees is also seen in the mindset of local governments and communities who hold firmly a perspective that the Tuak tree is very difficult to be cultivated by the community because it has a natural resistance to its life. The result has been patterned in the community, that the Tuak tree can grow without being planted and mantained. From a legal standpoint, the regional legal norms seem to support the act of transferring the land of the existence of the Tuak tree, even though, the Indonesian national environmental law explicitly instructs legal regulations to take into account the interests of environmental sustainability. The purpose and contribution of this research is to analyze the readiness of regional legal arrangements regarding Green Open Space related to the protection of the carrying capacity of the Tuak tree in its conservation. The contribution of this study as a basis for the consideration of the Indonesian government and the community in planning the establishment of regional laws to support the protection of the Tuak tree in NTT, especially in Kupang City, as well as further research material in the area. This research method was designed as normative and empirical legal research. The normative direction questions the legal regulation aspect from a juridical technical point of view (Dutsch: Tecnischjuridisch begrippen) and also in the realm of legal theory the question of the concept of legal protection for the Tuak tree is questioned. In strengthening conceptual aspects, an empirical legal thinking is inputted to strengthen the conceptual analysis of legal norms. This study uses the Statue approach, Conceptual approach and Case approach. The sources of legal material are in the form of primary and secondary legal materials. The aspects that were studied are the provisions of conservation law related to tree management and protection in order to protect the green open space in Kupang City, where the legal provisions governing follow-up products from the Indonesian national and regional management, determination of Indonesian regional policies relating to management, cultivation, conservation of the Tuak trees and determination of programs related to the conservation of the Tuak trees, which are associated with protection planning policies, conversion of crop land, protection of local food, other follow-up products from palm wine stems and leaves. The results of the study show that the norms in the Kupang City’s Regulation Number. 7 Year 2000 concerning the Green Open Space contain more spatial concepts than the green concept of the existence of the Tuak tree as a biological resource. The word "green" refers to trees or plants that live and grow in Kupang City, but in its implementation, the Indonesian regional law dominates these regulations which are supported by an Indonesian policy that always changes due to a pressure on land requirements for development in Kupang City. The regional legal planning for the law protection of the Tuak tree in Kupang City has not received serious attention yet from the Indonesian regional legislative and executive councils. The legal plan for the protection of the Tuak tree is supposed to be carried out under conditions where the population of the Tuak tree has not been disturbed naturally through its management various development interests in Kupang City, in the West Timor Island, East Nusa Tenggara Province, Indonesia.
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Egorova, M. A., N. G. Zhavoronkova, Yu G. Shpakovsky, D. V. Ponomareva, and D. V. Shmeleva. "Climatic Aspects of Ecological and Legal Protection of Forests in the Russian Federation." Kutafin Law Review 9, no. 3 (October 5, 2022): 415–36. http://dx.doi.org/10.17803/2713-0525.2022.3.21.415-436.
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The purpose of the article is to research the legal issues of forest protection in the Russian Federation in the context of global climate change taking into account international obligations under the Paris Agreement 2015 and the Glasgow Leaders’ Declaration on Forests and Land Use 2021. The sources of the research are legislative and other regulatory legal acts in the field of forestry relations, environmental and natural resource law, etc.The research methodology is based on scientific methods such as dialectical, logical, predictive, systems analysis, content analysis, as well as private scientific methods, such as statistical, technical and legal, comparative legal.
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Goolam, Nazeem. "Recent Environmental Legislation in South Africa." Journal of African Law 44, no. 1 (2000): 124–28. http://dx.doi.org/10.1017/s0021855300012109.
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Section 24 of the Constitution of the Republic of South Africa, Act 108 of 1996, provides:“Everyone has the right(a) to an environment that is not harmful to their health or well-being; and(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that(i) prevent pollution and ecological degradation;(ii) promote conservation; and(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”
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Malysheva, Nataliia. "Environmental law and natural resource law: if “divorce” is relevante?" Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 334–45. http://dx.doi.org/10.33663/1563-3349-2022-33-334-345.
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The article examines the problems of the environmental law structural system. The urgency of this issue has increased signifi cantly due to the repeated attempts of some researchers to justify the need to separate from the environmental law of its natural resource unit and create a new branch of law, along with environmental law, the subject and scope of which will be signifi cantly narrowed. A brief historical digression into the study of the relevant issue in Ukrainian science over the past 60 years was made. The connection between the evolution of legal thought and the development of environmental legislation at diff erent stages is substantiated. The views of modern supporters of such a question are analyzed. Attention is focused on the signifi cant disagreements of researchers in understanding the subject and system of the proposed new branch of law: some of them suggest a separation of utilization, on the one hand, and protection, on the other; others are talking about the allocation in some areas of diff erentiated regulation of relations for the utilization and protection of certain natural resources while leaving in the fi eld of environmental law regulation of integrated environmental relations; from time to time there are other approaches that never completely coincide with each other, even among supporters of the independence of natural resource law. It is emphasized that such inconsistency of researchers’ opinion only delays the process of systematization of environmental legislation, which is long overdue, especially from the standpoint of law enforcement. The relationship between the system of law and the system of legislation is studied in the context of preparation for the systematization of environmental legislation. The conclusion is made about the need to preserve the unity of the branch of law that regulates relations in the system «man - nature». Key words: environmental law; natural resource law; branch of law; system of law; system of legislation; systematization of environmental legislation
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Khvesyk, M. A. "Management of natural resources in a decentralized." Interdepartmental thematic scientific collection "Agriculture" 1, no. 92 (April 19, 2017): 8–15. http://dx.doi.org/10.31073/zem.92.8-15.
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This article explores the concept and essence of power decentralization and subsidiarity in the provision of public ser-vices. Grounded economic aspects of natural resource management under decentralization as essential factors of social rights of citizens at the local level. Ways to strengthen local government institution and empower local communities and regions in the whole of the financial system by improving tax and budget legislation in the field of environmental management.
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Paterson, Alexander. "Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018." South African Journal of Environmental Law and Policy 26 (2020): 134–60. http://dx.doi.org/10.47348/sajelp/v26/a5.
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The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to natural resources may arise, as evidenced in the case of Mr Gongqose, who along with several other community members were caught fishing in the Dwesa-Cwebe Marine Protected Area situated off the Eastern Cape coastline. Notwithstanding their claims to be exercising their customary rights to fish in the area, they were convicted in the Magistrate’s Court for certain offences in terms of the Marine Living Resources Act (1998), under which the marine protected area had been established. Their appeal to the High Court proved unsuccessful and the Supreme Court of Appeal was tasked with considering the relationship between their customary rights to fish and legislation purportedly extinguishing these rights. The SCA’s judgment in Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (2018) is the first of its kind in South Africa to consider the extinguishment of customary rights to access and use natural resources through post-constitutional legislation. This note critically considers the guidance the SCA provided on proving the existence of customary rights to access and use natural resources, and the manner in which they may be extinguished through legislation. While the focus is on marine living resources, the lessons emerging from this case are relevant to other natural resource sectors.
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Vinokurova, Anastasia E. "UNDERSTANDING AND CORRELATION OF THE TERMS «ENERGY RESOURCES», «NATURAL RESOURCES», «MINERAL RESOURCES» AND «MINERALS» IN NATIONAL AND FOREIGN LAW." SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no. 1-2 (2020): 261–73. http://dx.doi.org/10.26653/2076-4650-2020-1-2-21.
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The article examines the correlation between the terms «energy resources», «natural resources», «mineral resources» and «minerals» in Russian and foreign law. The importance of distinguishing the concepts of «energy resources» and «natural resources» is emphasized. Their legal regulation in fuel and energy complex has a comprehensive nature as it shall be executed in compliance with the legal provisions of environmental, energy and other related legislation. It turns out that there is no clear answer to the objective question whether certain «energy resources» can be classified as «natural resources» in the legislation of the Russian Federation. In this regard, the issue of determining the legal status of energy resources arises. To address the problem, in legal doctrine the pattern was identified. In accordance with it, it is necessary to confirm the fact of anthropogenic impact on a natural resource aiming at considering that resource as an energy resource. This means natural resources used as energy sources for economic activities by industry entities are converted into energy resources (energy carriers or certain types of energy) as a result of their implementation. It is noted that in this process, the removal of natural resources from the natural environment can be carried out or not. The article presents the norms of the Constitution of the Russian Federation and Federal Russian legislation, which apply and, in some cases, give the meaning of the terms «energy resources», «natural resources», «mineral resources» and «minerals». With a view to improving the Russian legislation, the author proposes to eliminate the existing legal uncertainty by applying such legal techniques as concretization and definition as follows: distinguish between the concepts of «natural resources» and «energy resources», adding the words «non-energy» or «energy» to the concept of «natural resources». This approach is completely new for Russian legal science, since it is borrowed from foreign law.
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Abashidze, Aslan Kh, and Irina A. Chernykh. "United States policy and legislation on the exploration of natural resources of celestial bodies (international legal aspects)." Vestnik of Saint Petersburg University. Law 13, no. 1 (2022): 158–80. http://dx.doi.org/10.21638/spbu14.2022.109.
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The present article attempts to integrate and comprehensively analyze the main stages in the formation and development of the U. S. policy and legislation on the use of outer space, including the Moon and other celestial bodies. In connection with recent announcements — the new lunar space program “Artemis” launched by NASA in May 2019, negotiations on bilateral “Artemis Accords” with potential partners in May 2020 (concluded by the U. S. with several states in October 2020), and Donald Trump’s Executive Order on Encouraging International Support for the Recovery and Use of Space Resources — the article focuses on U. S. policy and legislation in the light of the principles and norms enshrined in the following space treaties: the Outer Space Treaty, 1967 (main space treaty), and the Moon Agreement, 1979. The authors, using historical-legal, formal-legal, and comparative legal methods, show the changing position of the U. S. taken by their delegation during the drafting of the aforementioned international treaties, and the U. S. authorities’’ constant adjustment of their national policy and legislation on the exploration of space and its natural resources. To clarify the initial U. S. Position on key aspects, the authors refer to the travaux preparatoires of both the Outer Space Treaty, 1967, and “uncertainty” (according to the U. S. authorities, which had been the active drafter at the time) of the Moon Agreement, 1979. Condensed opinions of leading space experts and famous researchers on international space law are submitted in the article resulting for the authors in: U. S. pursue destructive policy aiming at undermining enshrined in the Outer Space Treaty, 1967, fundamental basis of international space law.
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Mukhlynina, Maria. "On the implementation of the state environmental policy in law-making and law-enforcement activities in Russia." E3S Web of Conferences 169 (2020): 05008. http://dx.doi.org/10.1051/e3sconf/202016905008.
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The article considers a number of issues of the state environmental policy of the Russian Federation based on the analysis of new laws of the Russian legislation and the current socio-economic situation in the country. The author notes the state strategic documents and programs developed by the Ministry of natural resources of the Russian Federation, presents some data on environmental legislation in the country, and makes judgments that a successful environmental policy is possible only with an integrated approach to the implementation of environmental legislation.
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VINOGRADOVA, Elena Valeryevna, Maria Mikhailovna MUKHLYNINA, Dmitry Nikolaevich MUKHLYNIN, Natalia Vladimirovna SOLOVYEVA, and Olga Yevgenievna LEBEDEVA. "Economic and Legal Aspects of Environmental Safety." Journal of Environmental Management and Tourism 9, no. 1 (June 23, 2018): 144. http://dx.doi.org/10.14505//jemt.v9.1(25).18.
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The paper is devoted to the economic and legal aspects of environmental safety in modern conditions. It is proved that there are the necessary initial data and rationalizing materials for the introduction in accordance with the established procedure of the normative indicators of the lower threshold of environmental safety. It has been established that in the economically developed countries considerable experience in recycling household waste has been accumulated. It is determined that there are all grounds to assert that, at the present level of development of science and technology, it is technologically possible to ensure environmental safety through the rational use of natural resources, the introduction of wasteless complexes, resource and energy-saving facilities. Practice has shown that in the legislation of the Russian Federation the issues of rational use of natural resources are poorly reflected. These issues were studied in detail in the governmental plans, which in the previous period had the status of laws.
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Анісімова, Г. В. "Integration of natural law doctrine into environmental law science, doctrine, policy and legislation: some aspects." Theory and practice of jurisprudence 1, no. 9 (June 15, 2016): 12. http://dx.doi.org/10.21564/2225-6555.2016.9.71672.
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Боголюбов, Сергей, and Syergyey Bogolyubov. "Differentiation or contrast nature management and environmental protection." Advances in Law Studies 2, no. 6 (December 31, 2014): 237–41. http://dx.doi.org/10.12737/10423.
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Nature management and resources law (that are united by environmental law) form a comprehensive and integrated super-branch of Russian law and legislation. The regulation of organization of sustainable environmental management is inseparable from environmental regulation. Therefore their antagonistic opposition and baseless differentiation are inadmissible. The regulation of use of natural resources (natural resources law) constantly interacts with environmental regulation (environmental management law); the environmental law is intended not so much to differentiate these branches and sub-branches of environmental super-branch as to combine them. The environmental law should not be boundless, but it should have its own subject, methods, systems, affecting other social phenomena through their ecologization.
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Hamzah, Herdiansyah. "Legal Policy of Legislation in the Field of Natural Resources in Indonesia." Hasanuddin Law Review 1, no. 1 (April 19, 2016): 108. http://dx.doi.org/10.20956/halrev.v1i1.218.
Full textAbstract:
Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.
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Hamzah, Herdiansyah. "Legal Policy of Legislation in the Field of Natural Resources in Indonesia." Hasanuddin Law Review 1, no. 1 (April 19, 2016): 108. http://dx.doi.org/10.20956/halrev.v1n1.218.
Full textAbstract:
Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.
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Brinchuk, M. M., and Yu A. Kasprova. "THE ARCTIC AS A SPECIFIC OBJECT OF ECOLOGICAL SAFETY." Bulletin of Udmurt University. Series Economics and Law 31, no. 2 (April 20, 2021): 235–42. http://dx.doi.org/10.35634/2412-9593-2021-31-2-235-242.
Full textAbstract:
The article explores issues relevant to ecological and natural resources law concerning the Arctic as a specific object of use of natural resources of the region and their protection, i.e. its ecological safety. The importance of this study for the authors is due to the intensive environmentally significant activities being carried out in the region. Geographical and environmental specific features of the Arctic are noted - a large part of the territory of the Russian Federation, a significant geopolitical factor in the life of Russia. It is emphasized that the Arctic as a natural territory has a complex natural structure as a system of natural objects and resources, the relations about which are regulated simultaneously by the whole set of ecological and natural resources legislation and law. As an object of environmental safety, according to art. 72 of the Russian Constitution, the regulation of these relations is jointly administered by the Russian Federation and the subjects of the Russian Federation. The authors draw attention to the need to improve the legal regulation of environmental relations in the Arctic, in particular, in the form of the adoption of a special law on the Arctic, and defects in the development of ecological legislation of the Russian Federation. The main task is highlighted, which should be addressed by the development of ecological and natural resources legislation - the establishment of special regimes of nature use and environmental protection in the Arctic zone of the Russian Federation.
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Md Khalid, Rasyikah, Ainul Jaria Maidin, and Siti Sarah Sulaiman. "Preserving a Healthy Ecohydrology: a Legal Perspective." International Journal of Engineering & Technology 7, no. 3.30 (August 24, 2018): 169. http://dx.doi.org/10.14419/ijet.v7i3.30.18221.
Full textAbstract:
Ecohydrology focuses on ecological processes within the hydrological cycle. It works under the assumption that an anthropogenically modified catchment or river basin can reverse environmental degradation and enhance the ecosystem service through improved climate cycle, controls erosion, soil formation, water purification, waste treatment and food production. Improved ecosystem services within the hydrological cycle can also serves human’s cultural and spiritual aspect as well as in the production of scientific knowledge. There has been call for countries to regulate the use of ecosystem as they are being degraded faster than they can recover. In 2001, the United Nations Environmental Program (UNEP) initiated the Millennium Ecosystem Assessment (MEA) to assess the consequences of ecosystem change for human well-being. It finds that 60% of 24 ecosystem services examined such as clean water, food, forest products, flood control and provision of natural resources has been badly degraded due to unsustainable development. It is submitted that law can play a role in ensuring preservation of a healthy ecohydrology as a tool used by respective authorities to achieve sustainable development and prevent excessive use of natural resources. This requires a new philosophy on the role of law in ecohydrological protection since environmental legislations fail to punish human activities that had either directly or indirectly disrupt the normal hydrological cycle. An analysis on earth jurisprudence, environmental ethics, equity and justice may elucidate the need to preserve a heathy ecohydrology as its own and other human’s right.
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Пышьева, Елена, and Elena Pysheva. "The legal problems of nature management in the field of land reclamation." Advances in Law Studies 2, no. 5 (November 1, 2014): 232–35. http://dx.doi.org/10.12737/10379.
Full textAbstract:
The article explores the problems of nature management, which arise when reclamation activities are carried out on the land. The author reveals the relationship between complex use of natural resources in the process of land reclamation and their rational use. She come to conclusion, that an integrated approach to the land reclamation is manifested in two aspects of natural resource and environmental legislation: environmental and economic aspects.
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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.
Full textAbstract:
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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Pasqualetto, Antônio, Diego Lo Presti, Massimo Rovai, and Aldo Muro. "Comparison of Water Resources Policies between Brazil and Italy." Laws 8, no. 4 (November 27, 2019): 32. http://dx.doi.org/10.3390/laws8040032.
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The growing need for water has pressured society and governments to focus more on preservation, planning and management of this natural resource, which is fundamental to ecosystems, especially to humans. Therefore, the goal of this study was to analyze the national policies of water resources in Brazil and Italy, searching for aspects that could promote improvement, aiming at the preservation of water sources, guaranteeing satisfactory quantity and quality. In 2019, studies were carried out by environmental agencies of both countries, listing the main disciplinary regulations. Results show that although both countries have different realities, they have similarities in managerial aspects of water resources, with legislation addressing qualitative and quantitative aspects of water, with guiding principles, instruments and actions aimed at the defense of this natural resource.
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Ибатуллина, Наталья. "ON THE TOPICAL LEGAL PROBLEMS OF THE ENVIRONMENT IN THE RUSSIAN FEDERATION (on the Case Material of the Republic of Bashkortostan)." Bulletin of the Institute of Law of the Bashkir State University 1, no. 1 (January 1, 2018): 67–76. http://dx.doi.org/10.33184/vest-law-bsu-2018.1.8.
Full textAbstract:
The article deals with the environmental legislation of the Russian Federation. The author reveals environmental legislation problems, the topical problems are the following: authority distinction of the Federation and federal subjects, correspondence matters of the Federal laws and laws of the Russian Federation subjects, right of ownership to natural resources and more. Possible problems solutions are proposed.
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Vickers, Ros. "The Regulation of Natural Resources Law in Australia for Indigenous People." Jambe Law Journal 2, no. 2 (January 28, 2020): 99–117. http://dx.doi.org/10.22437/jlj.2.2.99-117.
Full textAbstract:
Natural resources law in Australia seeks to regulate, protect and conserve natural resources, while providing consideration to the economic value of projects and permit activities to occur. The same environmental laws apply to indigenous peoples as well as other members of the public in Australia. However the recognition of native title rights and sacred sites through legislation can acknowledge the special relationship that indigenous people have with the environment through traditional laws and customs. Indigenous people have a special relationship with their environment that does not easily fall within categories of western values of the environment, and for this reason there is often tension between the common law legal system and indigenous people. While there has been significant process working towards a more harmonious regulatory system of natural resources, there is still work to be done. This paper will outline the structure of indigenous rights impacting natural resource regulation in Australia, focusing on the Northern Territory, and will examine the origins of environmental law and indigenous rights
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Sushkova, Yulia N. "Common Law Principles of Environmental Protection of the Mordovians." Legal education and science 10 (October 8, 2020): 21–27. http://dx.doi.org/10.18572/1813-1190-2020-10-21-27.
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Purpose. The author examines the essence of the fundamental customary legal principles of nature protection in the traditional legal culture of the Mordovian people, because each nation, including the Mordovians, had a kind of unwritten environmental code, which usually prescribed a careful attitude to nature, environmental resources, allowed to take only as much as was necessary for a person to live, etc. Methodology: the article is written using a legal-anthropological approach to understanding the basic principles of customary law in the field of environmental relations. The author used the historical-legal method of scientific knowledge, as well as analysis and synthesis. Conclusions. Customary law recorded historically established and sustainable ways of using objects of the animal and plant world and other natural resources that ensure inexhaustible use of natural resources. The main object of nature management was considered land and, accordingly, the most important direction of traditional management — agriculture. Traditional customary views on public property “gifts of nature”, the equal distribution of natural resources in terms of socio-economic transformation and development of the official legislation of the Russian state lost its primary importance, but their nature as a key started people’s sense of justice still retains a lot of potential. Scientific and practical significance. The study of customary law and its individual branches allows us to identify the fundamental principles of traditional legal culture, which have not lost their significance to this day. Understanding the depth of legal views of a particular ethnic group can help improve the domestic legal system.
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Hirsh, Moshe. "Environmental Aspects of the Cairo Agreement on the Gaza Strip and the Jericho Area." Israel Law Review 28, no. 2-3 (1994): 374–401. http://dx.doi.org/10.1017/s0021223700011699.
Full textAbstract:
Environmental resources and hazards do not recognize political boundaries. The basic fact that the people of Israel and of the new Palestinian entity in the West Bank and the Gaza Strip share several important natural resources compels the parties to co-operate in the protection of these resources. Neither party is solely able to manage these essential resources (e.g., water) and any attempt to act unilaterally in this sphere might harm the interests of both parties. A quick reading of the Agreement on the Gaza Strip and the Jericho Area (“the Cairo Agreement”) shows that the parties were indeed aware of this, and the agreement includes numerous environmental provisions in various sections.
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Fitriah, Nikmah. "LEGAL PRINCIPLES OF THE UTILIZATION OF NATURAL RESOURCES." Jurnal Wasaka Critical Law Review 1, no. 1 (September 2, 2020): 79–98. http://dx.doi.org/10.48171/jwh.v1i1.22.
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This study aims to discover the principles of law in the use of natural resources. Pemanfaatan natural resources for the development and preservation of environmental functions must not be contradictory and mutual sacrifice, even the two should be mutually supportive and running parallel.
The research method used is Normative or Doctrinal Law research, namely research on Legal Principles, Concepts, and Implementation in society. The type of pure legal research is research based on the view that law is a positive norm in the national legal system of legislation. Oriented in a positivistic understanding with a doctrinal method, a statute approach, a conceptual approach.
The findings of this study are that the characteristics of laws and regulations that regulate the use of natural resources already contain the principles of sustainable development. Characteristics of statutory regulations governing the use of natural resources in the future in order to guarantee the value of certainty, the value of justice, and the value of the benefit in regulating the use of natural resources according to their
function.
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Ayuni, Q., and F. Arsil. "The Urgency of Revision of the Law Regarding Conservation of Biological Natural Resources and Its Ecosystems in Indonesia." IOP Conference Series: Earth and Environmental Science 940, no. 1 (December 1, 2021): 012071. http://dx.doi.org/10.1088/1755-1315/940/1/012071.
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Abstract This paper discusses the importance of revising the law on the Conservation of Biological Natural Resources and Its Ecosystems as a priority for national legislation programs. The three important reasons for the revision are accommodating conservation approaches, adapting to the principles of regional autonomy, and strengthening law enforcement. This revision is vital to deal with the widespread destruction of ecosystems and the theft of illegal species in Indonesia. Protection of biological natural resources is essential because it is one of the elements of environmental resilience. With the normative legal approach, this paper argues the importance of revising the law to ensure implementation in protecting Biological Natural Resources in Indonesia.
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Budnikova, Yu E. "LEGAL NATURE OF CONTRACTS IN THE FIELD OF ENTREPRENEURIAL FISHING." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (March 2, 2020): 120–24. http://dx.doi.org/10.35634/2412-9593-2020-30-1-120-124.
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The article analyzes the legal nature of contractual relations arising from the implementation of entrepreneurial fishing (industrial and coastal). The question under examination is to which type of contracts we can attribute obligations in the field of fisheries: civil law, business or natural resources. Norms of which branch of legislation should govern contractual relations in the field of fisheries? Contracts that generate entrepreneurial obligations in the field of fisheries, as well as provide the right to harvest (catch) aquatic biological resources, are at the same time the basis for the emergence of the right to conduct entrepreneurial activity and the basis for the transfer of a property right to natural resource. The article substantiates the conclusion that these contractual relations are entrepreneurial in the field of environmental management, have a public-law nature and are subject to complex regulation not only by the norms of natural resources law, but also entrepreneurial legislation, but not civil law. To this end, it is proposed to develop a new legal mechanism for regulating entrepreneurial obligations in the field of fisheries.
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BRUHN-TYSK, SARA, and MATS EKLUND. "THE ASPECT OF NATURAL RESOURCES IN ENVIRONMENTAL IMPACT STATEMENTS FOR SWEDISH BIOENERGY PLANTS." Journal of Environmental Assessment Policy and Management 04, no. 01 (March 2002): 67–82. http://dx.doi.org/10.1142/s1464333202000917.
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According to Swedish environmental legislation, an environmental impact assessment (EIA) has to be made when planning energy plants. The EIA has to include the effects of the proposed project on natural resource management; however, a review of the environ-mental impact statements for proposed energy plants reveals that the scope of the assessment seldom includes this aspect. This may be due to several reasons, such as the scope of the legal requirements, which do not include sustainable resource extraction but focus on local issues linked to the energy plant. In order to widen the scope of EIAs to include the management of natural resources, it is suggested that other tools for environmental systems understanding such as life-cycle assessment (LCA) and material flow analysis (MFA) can improve the basis for decision-making by providing ways to map resource flows of proposed projects and by including environmental aspects not connected with the energy plant itself.
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Dewantara, Antonius Mahendra, and Dika Kirana Larasati. "Implementation of Progressive Law in Enforcement of Environmental Law in Indonesia: The Current Problems and Future Challenges." Indonesian Journal of Environmental Law and Sustainable Development 1, no. 2 (July 31, 2022): 237–64. http://dx.doi.org/10.15294/ijel.v1i2.58044.
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Law enforcement in the environmental sector has a broad dimension, not only related to aspects of material losses, aspects of state administration, but also aspects of criminal law. Enforcement in this sector even faces several challenges and obstacles, one of which concerns the various motives and perpetrators of environmental crimes that continue to grow. This study aims to analyze how progressive law should work and be applied in environmental law enforcement in Indonesia. This study highlighted that one of the ways to realize social justice for all Indonesian people as stated in the fourth paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia is to utilize existing natural resources for the welfare of society. Article 3 paragraph (3) of the 1945 Constitution of the Republic of Indonesia also mandates that the land, water and natural resources contained therein shall be controlled by the state and used as much as possible for the prosperity of the people. This study also confirms that according to many experts, progressive law is pro-justice and pro-people law. This means that in sentencing legal actors are required to prioritize honesty and sincerity in law enforcement. They must have empathy and concern for the suffering experienced by the people. Thus, the interests of the people, in this case welfare, must be the orientation and ultimate goal in administering law.
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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.