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1
Пышьева, Елена, et Elena Pysheva. « History of Development of Legislation on Reclamation of Lands in Russia ». Journal of Russian Law 2, no 5 (16 avril 2014) : 126–34. http://dx.doi.org/10.12737/3469.
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The article highlights the milestones of formation of the Russian legislation in the field of land reclamation. It gives the author’s periodization of the development of reclamation legislation of postrevolutionary Russia, with allocation of her stages. Brief characteristics of each stage is illustrated with the most important legislative acts in the field of public relations. The author uses historical, abstract-logical, formal-legal and comparative-legal methods of scientific knowledge. The article notes that the main achievement of the post-revolutionary legislation is that land reclamation came to be seen not only in the regulation of land use (mainly agricultural land), but also within the legal institution of their protection. Special attention in the article is paid to the adoption of the Federal Law “On Land Reclamation” and its effect. This law laid the legal foundation for the development of the modern reclamation legislation. An analysis of legal acts and scientific literature was allowed to make a conclusion, that reclamation law in Russia for a long period of time was mostly fragmented. However, with the publication of a special Federal Law “On Land Reclamation” this fragmentation of the rules was overcome, but not completely. In addition, since 70s of XX century legal regulation of land reclamation was provided gradually by several branches of legislation (land and water).
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Ramesh, Aditya. « Custom as Natural : Land, Water and Law in Colonial Madras ». Studies in History 34, no 1 (13 novembre 2017) : 29–47. http://dx.doi.org/10.1177/0257643017736402.
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In 1865, the Madras government enacted a legislation, the Irrigation Cess Act, designed to allow it to extract revenue from water as separate as that from land. However, as emphasized by many commentators, this pithy legislation was far from comprehensive in its definition of government powers over water. Faced with resolute opposition from zamindars to any further legislation that would centralize control over water resources as well as powers to levy fees over water use to the government, the Madras state was forced to confront zamindars in court over the interpretation of the Irrigation Cess Act. In 1917, the Privy Council, the highest court in the land, delivered a landmark judgement in resolution of a dispute between the Madras government and the Urlam zamindari. The Urlam case, this article argues, lends a new perspective to historiography on custom and the environment in colonial India. The Privy Council judgement rendered custom a physical, historically reified, and ‘natural’ quality, simultaneously within and outside the encounter between labour and nature.
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Tyagi, Paritosh C. « Policy, Law and Implementation of Industrial Wastewater Pollution Control ». Water Science and Technology 24, no 1 (1 juillet 1991) : 5–13. http://dx.doi.org/10.2166/wst.1991.0004.
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The paper is based on the experience in India, The policy of industrial wastewater pollution control is summarised. It is essentially based on the polluter pays principle. The corner-stones of the policy for setting standards are environmental protection, harmony with development needs, public participation and implementability. Prevention is accepted as better than cure. Industries are classified with regard to their potential for pollution. The history of legislative measures for control of water pollution is briefly described and the effectiveness of legislation has been critically examined. The organisational structure of the statutory boards at the Centre and States is described and steps taken for assessment and control of pollution caused by industrial wastewater have been enumerated.
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Penati, Beatrice. « Continuities and Novelties in Early Soviet Law-Making about Central Asian Water ». Journal of the Economic and Social History of the Orient 62, no 4 (16 mai 2019) : 674–730. http://dx.doi.org/10.1163/15685209-12341491.
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AbstractThis article analyses the drafting process and underlying principles of early Soviet legislation on water rights and taxation on water in Central Asia. While the new Bolshevik ideology provided an ideal justification to enact the State-centric, technocratic principles implicit in the Tsarist Turkestan “water law” of 1916, it took a very long time for the Soviet regime to produce a comprehensive legislation that would explicitly replace the local pre-existing customs which had survived in the colonial period. This is surprising especially in the light of the continuity in personnel in the government agencies that governed land and water resources across the 1917 revolution. Two possible reasons for this slowness were the early Soviet “decolonisation” imperative and the inertial persuasion that the legislator could not fully grasp the intricacies of water-related rights and duties.
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Gharios, Georges. « Legal pluralism and unofficial law in Lebanon : evolution and sustainable development of water ». Water Policy 22, no 3 (8 mai 2020) : 348–64. http://dx.doi.org/10.2166/wp.2020.224.
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Abstract In Lebanon, the organization of the water legislation dates back to as far as antiquity. While customs and habits used to govern water in the past, codified laws and their associated legal infrastructure are present nowadays, and cohabitate with persisting unofficial law. Mesopotamian, Roman, Ottoman, and French water laws were superimposed on Muslim customs and practices and traditional Arab social water arrangements in Lebanon, throughout a long history of conquests or mandates. Traditional customs and practices of water use that evolved into lore are still prevailing today, and go hand in hand with a palimpsest of water laws. Through a review of the co-evolution of thousands of years of written and unwritten water-related texts, the unique features of a hydro-palimpsest that combines formal and informal systems are put into value in an effort to explore their future potential in the sound and efficient management of water, in light of rapid global changes affecting the resource.
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Nykolaishen, Sarah, et Nigel Bankes. « Sacrificing Fish for Power : A Legal History of the Spray Lakes Development ». Alberta Law Review 50, no 1 (1 août 2012) : 1. http://dx.doi.org/10.29173/alr266.
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This article tells the story of how Calgary Power acquired a legal licence to divert and store water in the Spray Lakes Reservoir, how multiple legal instruments, including the National Parks Act, Alberta’s Water Resources Act, and the Natural Resources Transfer Agreement were shaped along the way, as well as details the subsequent efforts that have been made to restore stream flows to the Spray River and rehabilitate its native cutthroat trout population. This article highlights many of the challenges that older hydro-developments pose to aquatic ecosystem health and instream flow needs, while demonstrating that the law can be shaped in interesting ways through the dual pressure of economic growth and environmentalism. This story offers food for thought as Canadian environmental legislation appears poised to undergo significant change.
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Negoita, Catalina. « CRITICAL ANALYSIS OF HEMP (CANNABIS SATIVA L.) USE : SCIENTIFIC, LEGISLATIVE AND SOCIO-ECONOMIC ASPECTS ». JOURNAL OF SOCIAL SCIENCES 7, no 1 (13 avril 2024) : 17–34. http://dx.doi.org/10.52326/jss.utm.2024.7(1).02.
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Cannabis sativa L. culture has encountered various legislative challenges throughout history, and these have varied according to the social, political and economic context of each period. Historical stigma and prohibitions brought restrictions on cannabis, and anti-drug and prohibition policies adopted in the 20th century led to the prohibition of the cultivation of Cannabis sativa L. Its incorrect association with drugs of abuse and its classification as a narcotic substance complicated the legislation. Problems in differentiating between recreational and medical use have created confusion in law. Global inconsistency in cannabis rules and regulations has created difficulties in international trade and research cooperation. The recent evolution of legislation, marked by ambiguities and inconsistencies regarding the medical, industrial, and food use of cannabis, has raised questions and challenges. Production and marketing issues, such as strict regulations and licensing hurdles affect the cannabis industry in the Republic of Moldova too. These challenges are constantly changing, reflecting the diversity of perspectives and societal developments.
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Palerm-Viqueira, Jacinta. « A comparative history, from the 16th to 20th centuries, of irrigation water management in Spain, Mexico, Chile, Mendoza (Argentina) and Peru ». Water Policy 12, no 6 (24 mars 2010) : 779–97. http://dx.doi.org/10.2166/wp.2010.110.
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This paper explores the long-term development of irrigation system management, and looks at the influence of legislation, irrigation system size, scalar stress and polarized land tenure in the existence and success of self-management. The case studies are drawn from regions of the former Spanish Empire. Hispanic America, between the 16th and early 19th centuries, as part of the Spanish Empire, had a common legal framework; however, in the 19th and early 20th centuries (after the break up of the Spanish Empire), new and diverse country-based legislation developed and, in some cases, this new legislation favoured self-management.
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Souza, Jocemar Santos de, et Beatriz Stoll Moraes. « ANÁLISE DAS POLÍTICAS PÚBLICAS IMPLEMENTADAS PARA A GESTÃO DOS RECURSOS HÍDRICOS NO BRASIL ». Ciência e Natura 38, no 2 (31 mai 2016) : 913. http://dx.doi.org/10.5902/2179460x21896.
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Although the planet is covered by 70% water, poor distribution of this mineral causes some areas of the globe suffer from its lack. Even Brazil being privileged with 13% of freshwater around the planet, it was necessary the creation and implementation of laws for its preservation. This article aims to present the history of Brazilian legislation related to Water Management, since its inception to the current period. According to the bibliography, it is clear that concern for water resources in Brazil was initially for navigation and agriculture. From the year 1934, the Water Code went on to encourage the industrial use of water resources, defining water as a public good, common or private use. Only with the implementation of Law 9,433 / 1997, called the National Water Resources Policy (PNRH) is what happened to give more importance to sustainable water management, with satisfactory quality standards for the various types of use. In 2000 it was created the National Water Agency (Law 9984), which has as main features the disciplinary implementation, operation, control and evaluation of management instruments created by PNRH.
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Nabavi, Ehsan. « (Ground)Water Governance and Legal Development in Iran, 1906–2016 ». Middle East Law and Governance 9, no 1 (7 juin 2017) : 43–70. http://dx.doi.org/10.1163/18763375-00901005.
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One hundred and ten years after the Persian (Iranian) constitution of 1906, the country is experiencing a serious water crisis. Blame is often attributed to the government’s mismanagement. This paper aims to throw light on the water-related laws and policies throughout Iran’s history to unravel the cause of this crisis from a legal perspective. This research provides a concise review on how the state’s development policies can be read through the water-relevant laws. To this end, the study defines and explores the laws through five chronological periods: (1) Codification, (2) Fast-paced Development and legislation, (3) Development and protection, (4) Development and Justice, (5) Back-to-Development. Along with highlighting the social, political, and economic background of each period, the key laws associated with water regulation are introduced and their implications on the development policies are discussed. This historical review provides us with insights about the question of why Iran is currently struggling with multiple challenges in the water sector, which are manifested as dried out rivers, disappearing lakes, and depleted groundwater.
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Jegede, Ademola, et Pumzile Shikwambane. « Water ‘Apartheid’ and the Significance of Human Rights Principles of Affirmative Action in South Africa ». Water 13, no 8 (16 avril 2021) : 1104. http://dx.doi.org/10.3390/w13081104.
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Water is an essential necessity for human beings; however, South Africa has a long history of inequalities dating back to apartheid politics and legislation which denied access to water to disadvantaged black populations mostly residing in rural areas. Although apartheid has officially ended, whether the lack of access to water by such populations who still cannot afford it exists and aligns with international human rights principles of equality and non-discrimination merits an examination. To redress the injustices of the apartheid regime, the right to have access to sufficient water is entrenched in section 27(1)(b) of the 1996 South African Constitution. In addition to embracing equality and non-discrimination, the Constitution informs other instruments and measures such as free basic water policy and pre-paid meters meant to ensure access to water. However, the plight of these populations persists in post-apartheid South Africa, but it is rarely a subject of academic scrutiny how the notion of affirmative action as grounded in the principles of equality and non-discrimination under human rights law can be deployed as a response. Using a doctrinal research approach, this article argues that the continuing struggle of disadvantaged communities with access to water does not only constitute water apartheid, it negates the human rights principles of equality and non-discrimination. The principle of affirmative action is useful in responding to inadequate access to sufficient water by disadvantaged populations in post-apartheid South Africa.
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Blackmore, Andrew. « Legal and Public Trust Considerations for the Ndumo Game Reserve and South Africa-Mozambique Border, following the Migration of the Usuthu River ». Southern African Public Law 30, no 2 (1 décembre 2017) : 347–78. http://dx.doi.org/10.25159/2522-6800/3585.
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The Usuthu River forms part of the international boundary between South Africa and Mozambique. In 2002, this River breached its south bank within the Ndumo Game Reserve and established a new channel within the protected area. In response to the breach, Mozambique proposed the excavation of the floodplain and the establishment of berms to force the flow of the river back into its original alignment. Analysis of the origin and associated history of this portion of the international boundary indicates that it is unlikely that the international boundary has moved with the breech. Furthermore, customary international law pertaining to avulsion or mutation alvei of rivers supports the notion that the international boundary remained in the original channel of the Usuthu River. Finally, case history of a similar circumstance in Africa affirms that this boundary is unlikely to have shifted with the avulsion of the Usuthu River. The Mozambican proposal brings to the fore an array of public trust considerations which are founded in South Africa’sConstitution, and environmental and biodiversity conservation legislation. These considerations prohibit the excavation of the Ndumo Game Reserve. The concept of the state acting as a trustee for, inter alia, biodiversity and protected areas, is reinforced by various water and biodiversity-orientated multilateral agreements to which South Africa is a signatory. Within these, the ones adopted by the Southern African Development Community are the most profound in that they, and specifically the Protocol on Wildlife Conservation and Law Enforcement, enjoin state parties from taking decisions that may cause damage to the trust entity beyond the limits of their sovereignty.
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Oset, Željko. « Environmental activism during communist era in Slovenia ». Review of Croatian history 15, no 1 (20 décembre 2019) : 63–79. http://dx.doi.org/10.22586/review.v15i1.9740.
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Upon 1945, the Yugoslavian communist leadership put in motion ambitious strategy of industrialization and modernization regardless of costs, hence gradually evolving issues of environmental degradation were placed in a subservient position. Some planners deemed environmental degradation a necessary evil in order to fulfill pledges of development, progress, and better living standard. However, from the 1970s onwards environmental issues were addressed in urban planning, improvement of central-heating systems, by setting out emission thresholds, and mandatory environment clearance for credits approval for corporative entities, but law enforcement was not upheld to the highest standards and in full. The League of Communists of Slovenia allowed rather loosely knitted grass-roots environmental enthusiasts since the late 1960s; groups were comprised with well-educated citizens, which were mostly keen mountaineers. Environmentalists were especially active in urban areas mostly dealing with local issues (urban planning, sewage systems, contamination of the tap water, and excessive use of pesticides and fertilizers). In 1971, local environmental societies merged into the Association for Environmental Protection in Slovenia (AEPS), which in the late 1970s focused broadened scope of activities, mainly against the construction of hydroelectric power installations on the Soča River and the Mura River, and the Nuclear Power Plant Krško after the Chernobyl accident. In the 1970s, in Yugoslavia and Slovenia as well, concurrently with the West, modern legislation for environmental protection was adopted, and new self-government bodies for environmental issues comprising with politicians, lawyers, scientists, and environmentalists were established; thus the influence of AEPS somehow diminished. The Slovenian government increased finances for research, and at the same time in the environmental debates replaced politicians with technocrats, who proved to be unwilling listeners to environmentalists' complaints and suggestions. The environmentalists were accused by a top-level politician of being exaggerators, followers of Western initiatives and in general obstructers of development. In 1980s environmentalists broadened its ranks and scope of activities, especially after the Chernobyl Nuclear Accident. Environmental societies and society were attracting people who were interested in changes but did not want to risk direct political opposition and the consequences of this type of direct dissent. Slovenian environmental groups played an important role during the democratization. In 1989 they even established a political party ‘Zeleni Slovenije’ (Greens of Slovenia). The party was a partner in the first post-communist Slovenian government (1990-1992), and they successfully pushed for incorporation of ‘green policies’ in the Slovenian legislation.
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Skyner, Louis. « A Viable Framework for Private Investment in the Utility Sector : An Analysis of the 2005 RF Law on Concession Agreements ». Review of Central and East European Law 31, no 2 (2006) : 155–77. http://dx.doi.org/10.1163/157303506x129369.
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AbstractThis article is based on an analysis which the author produced for a working group of the RF Ministry of Economic Development established to draft a model concession agreement, a result of the new Law on Concession Agreements which entered into force on 21 July 2005. The work entailed identifying the necessary amendments to key areas of legislation that would enable such concession agreements—which the RF government has proclaimed its intention to grant for the operation and development of both infrastructure and networks in the water supply and wastewater sectors—to be workable in practice.With regards to the new Law on Concession Agreements itself, the present article highlights its failure, in the view of the author, to clearly identify the nature of the obligations and rights assumed by the parties of a concession agreement vis-à-vis one another, and to include provisions—typically found in other jurisdictions—that ensure a balance of interests and allow for the effective transfer and mitigation of risk. This analysis is located within a framework which recognizes that—as a result of the current circumstances, where unclear regulations, a lack of transparency about the financial status of utilities, and a lack of commercial tariffs, predominate—the nature of the reform which is required is all-encompassing. As a consequence, the author maintains that the erection of a framework for the development of concession agreements demands the integrated development: of the fiscal relationship between national and municipal government; of social policy, i.e., tariffs and subsidies, and, of access and right of usage rules.Finally, when identifying such problems, the author illustrates how and why the practical experience gained in other countries should be incorporated, emphasizing how this experience reveals both the difficulty and necessity of concluding balanced agreements for what are long-term projects the performance of which is vulnerable to changes in market conditions, and which involve the operation and development of assets of social significance.
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Casner, Nicholas. « Polluter Versus Polluter : The Pennsylvania Railroad and the Manufacturing of Pollution Policies in the 1920s ». Journal of Policy History 11, no 2 (avril 1999) : 179–200. http://dx.doi.org/10.1017/s0898030600003195.
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In 1920 the Pennsylvania Railroad sued several small coal companies over water pollution. The lawsuit, ultimately decided in the railroad's favor, overturned an earlier Pennsylvania court decision that granted a property right to pollute, and, more important, now represents a major transitional period in American water policy history. The period marked the end of water policy generated from court decisions and case law, and the beginning of an era dominated by legislative statute and agency interpretation. With the Pennsylvania case, the impacts of nineteenth-century court decisions that sanctioned pollution to encourage business waned as concern for the nation's public health demanded more expansive attention, and industry itself began to experience excessive costs from corrupted water resources. In Pennsylvania and elsewhere, lawmakers attempted to institute a new strategy for economic interest in harmony with efforts to improve environmental quality.
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Vasilchenko, Denis, Vladimir Gusev et Alexander Samodelkin. « Legislative methods and means of establishing the truth on the fact of a crime committed in the Ancient Russian state of the 10th – 15th centuries : God’s judgments ». OOO "Zhurnal "Voprosy Istorii" 2023, no 1-2 (1 janvier 2023) : 82–101. http://dx.doi.org/10.31166/voprosyistorii202301statyi35.
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The article presents the results of the historical and legal analysis of the legislative acts of the ancient Russian state of the 10th-1Sth centuries regulating the process of judicial proceedings on the fact of a crime committed. Such methods of establishing the truth in the case as God’s judgments are investigated: the trial with iron and water, the oath, the judicial duel, the judicial lot. The authors came to the conclusion that the appearance of God’s courts in the ancient Russian state, as methods of judicial proceedings, is the result of the search for ways and means of a fair resolution of the criminal law conflict.
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Cummings, K. Michael, Jonathan Gdanski, Nichole Veatch et Ernesto Marcelo Sebrié. « Assumption of Risk and the Role of Health Warnings Labels in the United States ». Nicotine & ; Tobacco Research 22, no 6 (25 mai 2019) : 975–83. http://dx.doi.org/10.1093/ntr/ntz089.
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Abstract Introduction This article provides historical context for understanding how the cigarette industry have manipulated language used in health warning labels (HWLs) to protect them in litigation. Methods Review of previously secret internal business records from 1964 discussing the role HWLs on cigarettes. Review of the legal challenges made by cigarette manufacturers surrounding HWLs as mandated in the 2009 Family Smoking Prevention and Tobacco Control Act and the language in corrective statements ordered by US Department of Justice. Results Within days after the Surgeon General’s Advisory Committee issued its 1964 Report the cigarette companies plotted how they could use HWLs on cigarettes as a defense in future litigation. Industry lawyers discussed drafting legislation that would preempt other government agencies from requiring HWLs on cigarette containers and in cigarette advertising with language mirroring the key findings of the Surgeon General’s Advisory Committee report. In July 1965, Congress did pass legislation which mandated a single watered-down cigarette pack HWL which excluded cigarette advertising, just as industry lawyers had recommended. Subsequent HWL laws passed by Congress in 1969 and 1984 along with the more recent history of manufacturers opposing updated graphic HWLs and corrective statements reflects a consistent and continuing effort by cigarette companies to insulate themselves from taking responsibility for harms caused by smoking. Conclusion Beginning in the mid-1960s and continuing even through today, lawyers working on behalf of cigarettes companies have worked to manipulate the language of consumer warnings to focus responsibility for the harms caused by smoking on smokers. Implications In tobacco litigation, juries should be informed about the industry’s coordinated effort to draft legislation and water down the original caution statements proposed on cigarette containers and in advertising even though Congress ultimately is responsible for the law that was enacted. In addition, even though the 1992 Supreme Court decision in the Cipollone case preempted post-1969 failure to warm claims against cigarette makers, this protection does not apply on pre-1969 warning claims where the evidence shows that cigarette companies understood they were selling a defective product that when used as intended would harm their customers. Thus, those initiating smoking before 1969 and subsequently harmed by cigarettes can hold cigarette makers responsible for their failure to warn them about health risks.
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Labatut, Bernard. « Le gouvernement socialiste espagnol et la participation à l’Alliance atlantique depuis novembre 1982 (Note) ». L’Espagne et l’Alliance Atlantique 16, no 3 (12 avril 2005) : 575–88. http://dx.doi.org/10.7202/701885ar.
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The United Nations adopted the Law of the Sea Convention (LOSC) on April 30, 1982 but the saga began in 1967 when Arvid Pardo, the Permanent Representative of Malta to the United Nations, called for a constitution for the oceans of the world and a charter for its sea-bed, its resources, its subsoil and the air above it. The third United Nations Law of the Sea Conference (UNCLOS III) was convened in 1973 and terminated in the historic vote at New York on April 30, 1982 where 130 nations voted for the Law of the Sea Convention, only four voted against and seventeen abstained. The Law of the Sea Convention is a giant step forward in world and human affairs because it is concerned with sharing the earth's underwater resources amongst the earth's inhabitants rather than on the basis of first come/first served. The Convention controls, protects, shares and develops the oceans for all mankind. Questions of 12 mile limits, exclusive economic zones, continental shelves, territorial water rights of transit and innocent passage are also dealt with. Much old law is codified, much new law is created and even for non signatories there is much new customary international law. The Law of the Sea Convention is perhaps the greatest legislative triumph of the United Nations in its 40 year history.
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Anastasi, Francesco. « An Outline on the Right to Water in the EU System ». European Studies 7, no 1 (1 décembre 2020) : 363–89. http://dx.doi.org/10.2478/eustu-2022-0061.
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Summary Water is a fundamental resource for the birth, development of human civilization. The right to water is one of those rights that transcends and embraces the whole history of man and society. However, in our contemporary society the right to water seems something new, almost a post-modern innovation. Research at European level has taken up the challenge and the scientific water community is committed to rapidly developing and transferring management solutions that make our cities more liveable and the negative pressures on the availability of good quality water for uses increasingly irrelevant potable and civil. In this context it is important to develop a regulatory and legislative approach that does not settle for damage-repair dynamics but an approach aimed at prevention and planning directed towards two contexts: procurement and recycling-reuse.
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Gabru, N. « SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA ». Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no 1 (10 juillet 2017) : 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.
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Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.
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Sambu, D. K., et A. Tarhule. « Institutional water reforms in Kenya : an analytical review ». Water Policy 15, no 5 (8 juillet 2013) : 777–93. http://dx.doi.org/10.2166/wp.2013.168.
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This paper reviews institutional reforms in the Kenyan water sector and their effect on water access. Despite a long history of reforms, a large proportion of the population still lacks access to water. The review showed that reforms during the colonial period gave the colonial government full control of land and water to satisfy the imperial quest for plantation agriculture and further limited water access to the locals through legislative fiat. After independence, the reforms initiated under ‘African Socialism’ to enhance equity that was severely neglected during the colonial period were adversely affected by global financial crisis of the 1980s. Similarly, the global initiative to ensure ‘water for all’ by 1990 was affected by a similar crisis and the subsequent introduction of neo-liberal policies in the country. The most recent reforms (initiated in 2000) are meant to reduce poverty and promote sustainable development in order to meet the Millennium Development Goals by 2015. The paper shows that by pegging its initiatives on global targets and foreign aid, Kenya has changed its policies and institutions to reflect the global trend several times. This has adversely affected the smooth continuity of policy process in the country.
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Segers, Yves. « Brown Gold ? » BMGN - Low Countries Historical Review 137, no 4 (22 décembre 2022) : 113–36. http://dx.doi.org/10.51769/bmgn-lchr.11695.
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This article analyses the discourse and opinion of agronomists on the manure problem in Belgium during the years 1970-1991. Based on a careful reading of the Belgian Landbouwtijdschrift (Agricultural Magazine), supplemented with secondary sources, four conclusions can be drawn. Firstly, already in the 1970s these agricultural experts warned for an injudicious use of pig manure, which caused nuisance to the environment and local residents. Without referring to the concept of ‘sustainability’, the agronomists did in fact incorporate economic and ecological aspects into their analysis. Secondly, Belgian agricultural experts, inspired by studies and colleagues in other countries, opted for technical solutions. Only seldom did they plea for strong state intervention. Thirdly, the Belgian government intervened only in the course of the 1980s, when the consequences of over-fertilisation threatened to have concrete and recognisable consequences for citizens, and with regard to the quality of drinking water in particular. These legislative initiatives occurred in parallel with a growing environmental awareness within society at large, a deeper understanding of the long-term environmental effects and the introduction of more stringent European environmental legislation. Fourthly, the Manure Decree of 1991 did not bring about a radical revolution in Belgian agriculture. Its primary focus was the supervision and management of the existing manure circuit, rather than on a structural reduction of the surpluses. Dit artikel analyseert het discours van landbouwkundigen over de mestproblematiek in België in de jaren 1970-1991. Op basis van een zorgvuldige lezing van het Landbouwtijdschrift, aangevuld met secundaire bronnen, kunnen vier conclusies worden getrokken. Ten eerste waarschuwden de landbouwdeskundigen reeds in de jaren 1970 voor een onoordeelkundig gebruik van varkensmest, met overlast voor milieu en omwonenden tot gevolg. Zonder te verwijzen naar het begrip ‘duurzaamheid’, namen de agronomen wel degelijk economische en ecologische aspecten mee in hun analyse. Ten tweede kozen Belgische landbouwexperts, geïnspireerd door studies en collega’s in andere landen, vooral voor technische oplossingen. Slechts zelden pleitten zij voor overheidsingrijpen. Ten derde reageerde de Belgische overheid pas in de loop van de jaren 1980, toen de gevolgen van de overbemesting concrete gevolgen dreigden te hebben voor de burger, namelijk een daling van de drinkwaterkwaliteit. De eerste wetgevende initiatieven liepen parallel met een groeiend maatschappelijk milieubewustzijn, een beter begrip van de milieueffecten op lange termijn en de invoering van een strengere Europese milieuwetgeving. Tenslotte zorgde het Mestdecreet in 1991 niet voor een radicale omwenteling in de Belgische landbouw. De primaire focus lag immers op het toezicht en beheer van het bestaande mestcircuit, en niet op een structurele vermindering van de overschotten.
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Sytnichenko, Mykola, et Hanna Anatska. « Simulation of surface wastewater flow volume using the city of Kyiv as an example ». Problems of Water supply, Sewerage and Hydraulic, no 45 (10 décembre 2023) : 71–77. http://dx.doi.org/10.32347/2524-0021.2023.45.71-77.
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Although observations of the negative impact of surface runoff on water quality in water bodies have a long history, the development of national regulations governing surface water quality took place only in 2022. Accordingly, the Law of Ukraine "On Water Drainage and Wastewater Treatment" was adopted, which entered into force in August 2023 and is part of the process of adapting Ukrainian legislation in the field of water drainage in accordance with Council of Europe Directive 91/271/EEC "On Urban Wastewater Treatment". The paper analyzes the problem of determining the volume of annual surface runoff to be cleaned at treatment facilities. Using the data of the hydrometeorological service on the maximum daily amount of precipitation of various types for the city of Kyiv, the dependences of the distribution of the probability of daily layers of precipitation, in the form of the total depth of precipitation and the total duration of precipitation, were obtained. The conclusion that the predominant volume of runoff is determined by microrains that have a high frequency of recurrence is confirmed. The problem of finding the ratio of precipitation and runoff in the regulatory documents of Ukraine is covered very primitively, which is why there is a need to determine the depth of runoff on a more advanced basis, taking into account infiltration, which is determined by the parameters of the filtration properties of soils. The effect of imperviousness on the drain layer is determined through simulations using the SWMM distributed model. The F/P parameter is proposed, which characterizes the volume of losses from the total amount of precipitation depending on the properties of the surface, namely waterproofness and filtration coefficient. The modeling made it possible to obtain the dependence of the F/P parameter on the filtration coefficient and the imperviousness of the catchment area. Calculations confirmed that the runoff in most cases is formed as a result of precipitation, the value of which exceeds 2.5 mm. For the city of Kyiv, the volume of surface wastewater runoff for the warm period of the year from an area of 1 ha was calculated depending on the soil filtration coefficient at 60% imperviousness. As a result of these studies, it is recommended that sewage treatment plants capture and treat rainwater with a probability of 70 to 90% of the total depth of precipitation that falls on the catchment area. At the same time, the value of the flow volume of surface wastewater must be confirmed by calculation.
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Colombo, Loris, Luca Alberti, Pietro Mazzon et Giovanni Formentin. « Transient Flow and Transport Modelling of an Historical CHC Source in North-West Milano ». Water 11, no 9 (22 août 2019) : 1745. http://dx.doi.org/10.3390/w11091745.
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Legislative Decree 152/2006 requires Public Authorities to identify the subjects who are responsible for soil and groundwater contamination. In highly urbanized areas with a long industrial history and an elevated number of potential contaminant sources, as in N-W Milano Functional Urban Area (FUA), their identification can be difficult. Since the groundwater flow has showed consistent changes in the last 30 years as in Milan, the problem became even more complicate. The Public Authorities put in charge by the law, i.e., Regione Lombardia and Città Metropolitana Milanese, need new methodologies to assist them in finding the source locations and implementing remediation actions. The aim of this study is, coupling unsteady flow with fate and transport model of Chlorinated Hydrocarbons, to reconstruct the potential impact of a former chemical plant on public wells in the N-W area of Milano. The proposed methodology consists in (a) reconstruction of the piezometric trend over time (1980–2018) by means of a transient flow model (MODFLOW2005 + Parameter Estimation - PEST) and (b) simulation of transport as a function of the flow variations in time. The obtained results were compared with the previous ones obtained with a quasi-steady model (no changes in time-dependent parameters). Finally, a predictive scenario was performed to assess the potential evolution of tetrachloroethylene (PCE) in groundwater; on this frame, strategies to monitor and remediate the contamination were proposed.
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Koguashvili, Paata, et Badri Ramishvili. « LAND IS AN ESSENTIAL COMPONENT OF A NATION'S EXISTENCE AND CREATIVITY ». Economic Profile 17, no 1(23) (4 août 2022) : 132–42. http://dx.doi.org/10.52244/ep.2022.23.03.
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The mentality of the Georgian nation is historically democratic. Historically, Georgia was a perfectly feudal country. One quarter of Georgian territory - the mountains – lived millennia of a history under conditions of the so-called “community democracy” (non-dominant territorial community, community land ownership). Georgia, thanks to its strong Christian culture, its feudal history (and in the mountains, the so-called "community democracy"), is a typologically western country, which throughout its history has been striving for a connection with the West. The current situation in Georgia is particularly acute. The nutrition of the population of Georgia today is essentially dependent on imports, which, due to the difficult geostrategic and geopolitical situation, can be stopped at any moment. The use of agricultural land owned by a foreign citizen to prevent this danger requires the use of legal tools, which the Georgian state does not currently have. In Georgia, the form of long-term transferrable lease should be used mostly for foreigners. Land use is unregulated and unaccounted for! It is heartbreaking that in the ancient country of Georgian culture, today there is such a negligent attitude towards the land, which probably has no analogues in the modern world! The process of land transfer by the state is unsystematic and does not bring economic efficiency, social expediency or any other essential public benefit. The State has lost its main function - control over the land use. The rural community must surely regain its unconditional and inalienable right to its own estate; This means, first of all, that the common community land - pastureы, meadows, water landscapes, forestry fund lands (and more!) must be legally returned to the community for permanent and gratuitous ownership and use; this land should not be state-owned, but municipal property, and the community, which is its only legitimate owner and user, and it should be made impossible the ownership of this land, that is, fair and efficient management of rural heritage - its management, rational use, organization of other economic activities in the rural area using agricultural production or land as the main means of production without their consent. To solve the land issue, we deem it necessary: To define the main goals of land reform; To create a legislative and normative framework for fundamental agrarian reform; it is necessary to prepare and adopt a land code as soon as possible; To regulate land privatization - preparation of normative bases, by which the real content will be acquired by the principle of Article 116 of the Georgian Constitution of 1921. that "cultivation and use of land is the duty of the landowner to the public". Based on this principle, the law clearly defines the terms and conditions that must be met by the purchaser of the land. In particular, the rule of privatization of community-owned land will be established, when privatization is allowed only with the consent of the community and on the condition that the community should receive specific public benefits from the privatization. In addition, when privatizing land, it must be mandatory for the acquirer to submit land development and development plans (which must comply with the normative documents adopted by the municipality); To restore the community ownership of land - preparation of normative, institutional and technical bases, establishment of a local community in rural areas, which will be transferred to permanent ownership and gratuitous use of state-owned land within the administrative boundaries of the village; To establish a State Land Reform Commission to adopt and implement new land legislation, to carry out fundamental agrarian reform; the Commission should ensure that a national consensus is reached on reform-related issues, that the reform is properly planned and coordinated; To improve as soon as possible not only the land ownership but also the land use accounting. Solution to land issues, proper ownership of land, therefore, regulating land ownership and land use in the Georgian way, is our foremost responsibility towards each other, as well as towards our ancestors and descendants!
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Xing, Hongfei, et Jinhai Xu. « Interpreting the legislation connotation of water resource regulations ». Frontiers of Law in China 3, no 4 (21 octobre 2008) : 600–610. http://dx.doi.org/10.1007/s11463-008-0029-1.
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Heinen, Joel T., et 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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Antonov, V. I., et E. V. Antonov. « ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW : HISTORY AND MODERNITY ». Bulletin of Udmurt University. Series Economics and Law 30, no 6 (28 décembre 2020) : 844–50. http://dx.doi.org/10.35634/2412-9593-2020-30-6-844-850.
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The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.
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Golovko, Liudmyla, Maksym Kutsevych, Viktoriia Serediuk et Olga Bogdan. « Implementation of EU Environmental Policy in Ukraine : Directions and Perspectives ». European Journal of Sustainable Development 9, no 4 (1 octobre 2020) : 191. http://dx.doi.org/10.14207/ejsd.2020.v9n4p191.
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The purpose of our article is to investigate the process of approximation of Ukrainian environmental legislation to EU law. The range of issues that Ukraine has reformed in the field of environment has been investigated. The state of compliance of Ukrainian environmental legislation with the commitments under the EU-Ukraine Association Agreement was revealed. The problems of further effective application in practice of the adopted regulatory legal acts, strategies and action plans were disclosed. Particular attention was paid to water legislation and legislation in the field of waste management. The current state of the sphere of solid waste management in Ukraine was revealed. The state of adaptation of Ukrainian water legislation to the requirements of the European Union law has been investigated. Ways to improve Ukraine's environmental policy on waste and water policy based on European experience were substantiated. The methods of comparative law, statistical, analytical and logical analysis were used.
Keywords: EU Environmental policy, environmental law, EU water policy, EU waste policy, Ukrainian environmental legislation
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Krämer, Ludwig. « Climate change and EU legal initiatives regarding water availability ». Journal for European Environmental & ; Planning Law 6, no 4 (2009) : 461–80. http://dx.doi.org/10.1163/161372709x12608898676878.
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AbstractDiscussions on climate change legislation concentrate on measures relating to the emission of greenhouse gases. The present contribution tries to have a look at the impact of water availability within the European Union and to examine the need for EU legislation in this area, starting from the fact that the EU has, until now, not considered water availability to be a topic which deserves specific attention by the Union. The articles points at the serious impact which water scarcity is likely to have in particular, though not exclusively, in Southern European countries and passes in review a number of possible options for EU wide legislation.
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Лазарева, Наталья, et Natalya Lazareva. « HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA ». Journal of Foreign Legislation and Comparative Law 1, no 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16140.
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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.
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Soosay, Ian, et Rob Kydd. « Mental health law in New Zealand ». BJPsych. International 13, no 2 (mai 2016) : 43–45. http://dx.doi.org/10.1192/s2056474000001124.
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New Zealand has an established history of mental health legislation that sits within a framework of human rights, disability and constitutional protections. We outline a brief history of mental health legislation in New Zealand since its inception as a modern state in 1840. The current legislation, the Mental Health (Compulsory Assessment and Treatment) Act 1992, defines mental disorder and the threshold for compulsory treatment. We describe its use in clinical practice and the wider legal and constitutional context which psychiatrists need to be aware of in their relationships with patients.
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De Lange, Marna. « Water law and human rights - roles and responsibilities ». Water Science and Technology 43, no 4 (1 février 2001) : 143–50. http://dx.doi.org/10.2166/wst.2001.0204.
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This paper focuses on the experience of South Africa in introducing water legislation based on human rights principles (in particular the National Water Act of 1998) and reflects on some practical implications for the implementation of water management in a country with limited water and financial resources.
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Zigmond, A., et A. J. Holland. « Unethical Mental Health Law ; History Repeats Itself ». International Journal of Mental Health and Capacity Law, no 3 (8 septembre 2014) : 50. http://dx.doi.org/10.19164/ijmhcl.v0i3.315.
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<p>The powers enshrined in mental health legislation go directly to fundamental principles central to any caring and democratic society. The tension and dilemma that exists is, on the one hand, the importance of respect for an individual’s right to make decision’s affecting his/her own life to, on the other, the recognition that there are people with mental disabilities that may be vulnerable to abuse and/or neglect and who throughout their lives or at particular times need care and/or treatment, which they may not seek or be able to consent to themselves. In any society it is through case law and statute that an attempt is made to resolve this tension and to ensure that individual rights are not infringed and that those who need care and treatment receive what is in their best interest. Thus a change in such legislation requires the most rigorous of examination and must be judged on the grounds that it a) does not infringe accepted principles such as those of the United Nations Declaration of Human Rights and the European Convention, b) is based on sound ethical principles and does not conflict with the established law of the country, and c) it is practicable and achieves the right balance with respect to the potential tension described above. As practising clinicians (one working in an acute psychiatric service the other in a district learning disability service) we are not in a position expertly to judge the first of these but we believe we can contribute to the second and the third. In this paper we consider specifically the reasons for, and the consequences that follow, the failure on the Government’s part to accept the central importance of decision-making capacity assessment in any new mental health legislation.</p><p>The Green Paper proposals for a new Mental Health Act for England and Wales have now been published. A broad definition of ‘mental disorder’ has been retained, a new system of tribunals is to be established and compulsory treatment in the community would become lawful. However, it rejects the recommendation of the expert committee chaired by Professor Richardson that the assessment of an individual’s decision-making capacity should be a determining factor in the use of compulsory detention. Given this, it does not address the relationship between this legislation and the proposed Mental Incapacity Act. The failure to recognise the central place of decision-making capacity in a modern Mental Health Act is, we believe, a serious omission as it is a reflection of a failure to acknowledge that the basic principle of autonomy is central to such legislation.</p>
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Suntana, Ija. « The Controversy of Water Resources Legislation in Indonesia : an Islamic Constitutional Law Approach ». JURNAL HUKUM ISLAM 19, no 2 (9 décembre 2021) : 193–212. http://dx.doi.org/10.28918/jhi.v19i2.4421.
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This study aims to explain the protracted water legislation controversy in Indonesia. Any birth law on water resources always raises the pros and cons of the Indonesian people. This study is descriptive-analytical research, with a socio-political, juridical normative, and doctrinal approach. This study finds that the cause of the controversy over water legislation in Indonesia is that references of legislation do not stand on a solid concept, as conceptualized in the Islamic constitutional law, namely meaning of the legal text, social realities, proportional between maslahat and mafsadat, the priority of content rules and law changes.
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Rotko, Jerzy. « Harmonisation of Polish Legislation with the Water Framework Directive ». Journal for European Environmental & ; Planning Law 1, no 3 (2004) : 200–206. http://dx.doi.org/10.1163/187601004x00058.
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Vel, Jacqueline, Adriaan Bedner, Tody Sasmitha Jiwa Utama et Hertasning Ichlas. « Law and Heritage for Protecting Water Resources and Access to Water in Indonesia ». Blue Papers 1, no 2 (1 décembre 2022) : 12–23. http://dx.doi.org/10.58981/bluepapers.2022.2.01.
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There are important legal dimensions to the relationship between water and heritage. This paper reports on the challenges Indonesia is facing concerning water management. Age-old customary water governance systems exist in parts of the country and continue to influence local decisionmaking and water use practices. However, such heritage institutions can no longer safeguard local community water rights nor protect the environment. Since the 1990s, business power has been gradually overstepping customary socio-legal arrangements with negative effects on both the local population and water supply. Policy recommendations issued by the World Bank in 2004 supported opening paths to privatization. At present, national legislation and corporate interests have taken control of water management. Simultaneously, water heritage sites have been transformed into tourist attractions. Also, plantation companies promote land heritage issues when that serves their divide-and-rule strategies and turns public attention away from their water grabbing. A change in state legislation is needed that prioritizes the public instead of capitalist business interests regarding water supply and preservation. The lessons from heritage systems are very relevant to bringing about that change.
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Hewett, Larry W. « Federal Authority for Removing the Threat to U.S. Navigable Waters from Subsurface Oil Plumes1 ». International Oil Spill Conference Proceedings 2001, no 1 (1 mars 2001) : 373–78. http://dx.doi.org/10.7901/2169-3358-2001-1-373.
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ABSTRACT This paper exposes a gap in current practice by the U.S. Environmental Protection Agency (EPA) and U.S. Coast Guard regarding their roles in responding to underground aquifers contaminated by oil. It further suggests a role for the federal government in providing financial, technical, and tactical assistance to state agencies for resolving these challenging environmental threats. As the two primary agencies responsible to ensure the proper cleanup of oil spills, the EPA and Coast Guard strive to maximize public benefit by applying limited federal resources where they can do the most good. In the oil spill arena, that means focusing federal resources on preventing and preparing for threats that have the most potential to cause environmental and economic damage in and around U.S. navigable waters. Yet there is one serious threat to navigable waters yet to be addressed or resolved by either the EPA or Coast Guard. That threat is in the form of hundreds of millions of gallons of oil that has, in some cases, existed for decades in underground aquifers and is continually and chronically seeping into U.S. navigable waters in both the inland and coastal zones. In most of these cases, the federal government concludes the responsibility for removal and remediation lies with state government. Based on assumptions that the Clean Water Act (CWA) does not apply to such cases, the states are denied access to federal removal funds. The author reviews the legislative history, case law and Congressional intent of the CWA. The author argues that certain underground aquifers, because of their proximity to navigable surface waters, fall within the legal definition of “navigable waters” and should therefore be the responsibility of the EPA and Coast Guard to clean under the federal removal authorities of the CWA.
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Alexander, Anna Rose. « Incendiary Legislation ». Mexican Studies/Estudios Mexicanos 29, no 1 (2013) : 175–99. http://dx.doi.org/10.1525/msem.2013.29.1.175.
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This article examines Puebla’s drastic 1885 Fire Code, which prohibited the use of fossil fuels and other flammables in the city center. Poblano lawmakers embraced Porfirian trends in scientific planning, and their attempts to manage the city according to calculated risks of fire reflected broader concerns with hygiene and the correction of social ills. While engineers and architects defended the law for its ability to prevent chaos, merchants criticized the regulations for hindering commerce. By using the rhetoric of order and progress, opposition groups convinced officials to overturn the law and use municipal funds to establish a professional firefighting brigade. This transition to government-controlled public services was the product of popular mobilization and represented an important step in making Puebla a modern city. El presente artículo examina el estricto Código de Incendios de Puebla de 1885, que prohibía el uso de combustibles fósiles y otros productos inflamables en el centro de la ciudad. Los legisladores poblanos adoptaron las tendencias porfirianas de planeación científica, y sus intentos por administrar la ciudad según los riesgos calculados de incendio reflejaban preocupaciones más amplias por la higiene y la corrección de los males sociales. Mientras que los ingenieros y los arquitectos defendían la ley por su capacidad para prevenir el caos, los comerciantes criticaban la regulación por entorpecer los negocios. Mediante el uso de la retórica del orden y el progreso, los grupos de oposición convencieron a los funcionarios de anular la ley y utilizar fondos municipales para establecer una brigada de bomberos profesional. Esta transición a los servicios públicos controlados por el estado fue producto de una movilización popular y representó un paso importante en la transformación de Puebla en una ciudad moderna.
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Mertens, Bernd. « IV. Die Erbfolgegesetzgebung der Reichstage – zum Rechtsquellenverständnis in der frühen Neuzeit ». Zeitschrift der Savigny-Stiftung für Rechtsgeschichte : Germanistische Abteilung 133, no 1 (1 octobre 2016) : 147–90. http://dx.doi.org/10.7767/zrgga-2016-0106.
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Abstract The succession legislation of the Holy Roman Empire - On the understanding of the sources of law in early modern times. Though the succession legislation of the Holy Roman Empire 1498−1529 affected only a small part of private law, it is excellently suited to examine the understanding of the sources of law in early modern times, the interaction between the imperial and territorial legislators, imperial and territorial courts as well as the relationship of imperial law and common law to particular law and customary law. A closer look is also given to the context of this succession legislation, the institutions involved and the final consequences.
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Adomako Ampofo, Akosua. « Collective Activism : The Domestic Violence Bill becoming Law in Ghana ». African and Asian Studies 7, no 4 (2008) : 395–421. http://dx.doi.org/10.1163/156921008x359597.
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Abstract This article reflects on contemporary struggles for citizenship rights through an examination of civil society's advocacy for the passage of domestic violence legislation in Ghana. The National Coalition on Domestic Violence Legislation, established in 2003 specifically to push for the passage of the legislation, at various times worked closely with, and at other times independently of, or even in conflict with, the state. These processes and engagements point to the vibrancy of civil society and suggest the need for new analyses of social movements, political power and democracy that are rooted in Africa's contemporary realities.
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Hart, John F. « Property Rights, Costs, and Welfare : Delaware Water Mill Legislation, 1719–1859 ». Journal of Legal Studies 27, no 2 (juin 1998) : 455–71. http://dx.doi.org/10.1086/468027.
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Khalilov, N. Sh. « Codification of Civil Law in Azerbaijan : History, Current State and Prospects for Development ». Lex Russica, no 6 (11 juin 2022) : 123–37. http://dx.doi.org/10.17803/1729-5920.2022.187.6.123-137.
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The paper is devoted to the codification of civil law in Azerbaijan over the past 100 years. During the 20th century, Azerbaijan has adopted civil codes three times by codifying the norms of civil law. The development of new civil legislation from scratch after gaining independence in the early 1990s was aimed at the country’s transition from a planned economy to a market economy. The paper discusses a number of pressing problems of the civil legislation of the Republic of Azerbaijan and puts forward several proposals for their solution. Assessing the results of the civil legislation of Azerbaijan adopted since independence, it is possible to say that, although most of the issues related to the creation and development of the civil law system have been resolved, there is a great need to reform and change the civil legislation of the country. The concept of development and reform of civil legislation in Azerbaijan should be transformed into a unified strategy aimed at more effective regulation of market relations in the country in order to gradually eliminate the «transitional» nature of market relations. The author proposes to optimize civil legislation in Azerbaijan. These should aim at revising a certain part of civil legislation, eliminating contradictions, recodifying old laws; improving norms for the protection of property rights, healthy competition, implementation of agreements and antimonopoly activities; reflecting the practice of law enforcement and interpretation of laws and improving the effectiveness of law enforcement practice; using innovations and successful experience of civil codes in a number of European and Asian countries in the modernization of civil legislation; improvement of the legal language and legislative technique; raising awareness of judges and lawyers through trainings; formation of legal consciousness of citizens through the media; public discussion of the adoption of new laws and amendments to controversial laws that meet modern challenges, with the participation of scientists and experts in the field of private law.
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Walsh, Bernadette. « Tales of Broken Water Mains and ASDA Employees : Drafting Evolution or Drafting for Confusion ? » Statute Law Review 41, no 1 (18 février 2019) : 1–15. http://dx.doi.org/10.1093/slr/hmz002.
Texte intégralRésumé :
Abstract Values and beliefs pertaining to the best approach to drafting legislation change over time. It is therefore inevitable that, when engaged in the replacement of older legislation, drafters will seek to change the style to better reflect current values and beliefs. But how easy is it for courts to distinguish between a change that simply represents an evolution of drafting style and a change of substance? This article explores that question through the lens of two recent cases and asks whether drafters, in their zeal to modernize and improve, may underestimate the risk that their changes will cause confusion.
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Maley, Yon. « The language of legislation ». Language in Society 16, no 1 (mars 1987) : 25–48. http://dx.doi.org/10.1017/s0047404500012112.
Texte intégralRésumé :
ABSTRACTThe characteristics of the language of legislation are derived from its role in the institution of law. An analysis of the institutional context reveals links among history, social function, participant roles, accepted goals of legislation, and language use. The nature of an Act of Parliament as a perpetual speech act creates a frozen authoritative text so that the language itself becomes a component of the law. If legislation is to be both stable and flexible, institutional communicative strategies are required to organise linguistic means to these sociolinguistic ends. (Law, legislation, register, speech acts, communicative competence, communicative strategies)
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Ongarbayev, Ye A., et G. G. Galiakbarova. « KAZAKHSTAN LEGISLATION IN THE RELIGIOUS SPHERE : HISTORY AND PROSPECTS FOR DEVELOPMENT ». REPORTS 2, no 330 (15 avril 2020) : 81–92. http://dx.doi.org/10.32014/2020.2518-1483.35.
Texte intégralRésumé :
Objective: to study Kazakhstani legislation in the religious sphere in the historical aspect of development, as well as to identify and justify ways of further improvement, including through a comparative analysis with foreign legislation. Method or methodology of work: When writing a scientific article, general scientific (logical, structural and system analysis, synthesis, comparison, abstraction, induction and deduction, modeling), special techniques, methods of researching phenomena and processes (specifically historical, dialectical, formal logical, structural-functional, comparative law method) were used. The analysis of regulatory legal acts was done. Results of work: Analysis of previous regulatory legal acts, as well as the current Kazakhstan legislation in the religious sphere, the study of international experience, justification for the adoption of the draft Law of the Republic of Kazakhstan “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Religious Activities and Religious Associations”. Scope of application: legislation and law enforcement. Conclusions: The result of the research work is an attempt to justify the need for adoption at this stage of development of relevant amendments aimed at improving legislation on religious activities and religious associations.
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Evans, Robert A. H. « God's Judgement in Carolingian Law and History Writing ». Studies in Church History 56 (15 mai 2020) : 60–77. http://dx.doi.org/10.1017/stc.2019.4.
Texte intégralRésumé :
Early medieval thinkers often conceived of God in legal terms, especially when they interpreted contemporary disasters as God's ‘just judgement’. Modern scholars have emphasized the importance of these ideas for motivating early medieval reform and legislation and for interpreting history itself. This article explores how these ideas were used in Carolingian legislation and history writing and argues that God's judgement was not as straightforward a theme as it first appears. God's judgement, for example, was not nearly as important for Carolingian historians as it had been for their predecessors. Similarly, in both legal and historical texts, there was great variety in how God's judgement or punishment was expressed, both in how that punishment fell and on whom (whether on the audience or on their enemies). Across these works, however, it is clear that God's judgement was almost never referred to apart from his continuing mercy and help towards to the audiences of these texts. This shows the importance of the various aspects of God's character for early medieval churches and their attitudes to law and history.
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Witro, Doli, Ali Hamzah, Ike Yulisa, Mhd Rasidin, Syamsarina Syamsarina et Hainadri Hainadri. « Turkish State Family Law : History Reform, Legislation, and Legal Materials ». Politica : Jurnal Hukum Tata Negara dan Politik Islam 7, no 1 (30 décembre 2020) : 31–42. http://dx.doi.org/10.32505/politica.v7i1.1621.
Texte intégralRésumé :
Historically, efforts to reform Family Law in parts of the Islamic world began to be realized in the late 19th century AD. The reality of Islamic legal reforms carried out in Islamic countries in North Africa, the Middle East, Central Asia, and Southeast Asia gave rise to unprecedented changes in the last century. These changes occur both in the justice system and in the system applied. Changes to family law were first carried out by Turkey, then followed by Lebanon in 1919, Jordan in 1951, and Syria in 1953. Muslim countries in the world, in their context with the renewal of family law, are divided into three categories. First, an Islamic state that does not carry out any renewal and still enforces family law as stipulated in the books of fiqh. Secondly, an Islamic state that has completely abandoned Islamic family law and adopted European civil law. Third, countries that are trying to enforce Islamic family law but after making reforms here and there. This paper tries to discuss one of the reforms carried out by one Muslim country, namely Turkey, which is related to the reformation (reform) of family law that starts from the history of reform, legislation, renewal, and legal material. The author chose Turkey because it is the first Muslim country to make changes to family law.
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Lobban, Michael. « How Benthamic Was the Criminal Law Commission ? » Law and History Review 18, no 2 (2000) : 427–32. http://dx.doi.org/10.2307/744301.
Texte intégralRésumé :
Lindsay Farmer's argument that, in seeking to replace the common law with legislation, and in striving for a novel systematization of the relationship between civil and penal law, the criminal law commissioners of 1833-45 transformed the understanding of criminal law in relation to government is a powerful one. It is to some degree an inferential argument, positing that a reading of Bentham's theory of legislation allows us to understand the commissioners' work better, since Bentham “makes explicit many of the broader political assumptions that guided the commissioners and allows us to understand the precise nature of their codification project.” It is worth asking therefore how far the commissioners were informed by Benthamic ideas and what they understood their task to be.
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Louvin, Roberto, Ezio Benedetti et Pasquale Viola. « Comparative Public Law and Water Crisis ». Italian Review of International and Comparative Law 3, no 2 (15 novembre 2023) : 469–89. http://dx.doi.org/10.1163/27725650-03020016.
Texte intégralRésumé :
Abstract Environmental degradation and anthropogenic climate change severely affect natural resources, thus fostering the need for effective tools to cope with multiple concerns. Within this scenario, the article aims to address public law policies and legislation in reference to water management, with a focus on three specific issues: 1) environmental cost, 2) participation and water management, 3) alternative dispute resolutions (adr s) and water disputes. The first part is based on the analysis of environmental cost related to the degradation and exhaustion of water ecosystems as a result of an activity (e.g., as a result of withdrawal and/or pollution), as well as related to the supply scarcity. The second part deals with participation, co-participation and multi-level governance systems in the context of deliberative decision-making processes. The third part highlights the key role of participation and proximity in resolving disputes within local communities through the analysis of specific cases (i.e., the Tribunal de las Aguas, the Sudovi za vodu, and the Médiateur de l’eau).