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1
Пышьева, Елена, e Elena Pysheva. "History of Development of Legislation on Reclamation of Lands in Russia". Journal of Russian Law 2, n. 5 (16 aprile 2014): 126–34. http://dx.doi.org/10.12737/3469.
Testo completoAbstract (sommario):
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, n. 1 (13 novembre 2017): 29–47. http://dx.doi.org/10.1177/0257643017736402.
Testo completoAbstract (sommario):
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.
3
Tyagi, Paritosh C. "Policy, Law and Implementation of Industrial Wastewater Pollution Control". Water Science and Technology 24, n. 1 (1 luglio 1991): 5–13. http://dx.doi.org/10.2166/wst.1991.0004.
Testo completoAbstract (sommario):
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.
4
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, n. 4 (16 maggio 2019): 674–730. http://dx.doi.org/10.1163/15685209-12341491.
Testo completoAbstract (sommario):
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, n. 3 (8 maggio 2020): 348–64. http://dx.doi.org/10.2166/wp.2020.224.
Testo completoAbstract (sommario):
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, e Nigel Bankes. "Sacrificing Fish for Power: A Legal History of the Spray Lakes Development". Alberta Law Review 50, n. 1 (1 agosto 2012): 1. http://dx.doi.org/10.29173/alr266.
Testo completoAbstract (sommario):
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, n. 1 (13 aprile 2024): 17–34. http://dx.doi.org/10.52326/jss.utm.2024.7(1).02.
Testo completoAbstract (sommario):
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, n. 6 (24 marzo 2010): 779–97. http://dx.doi.org/10.2166/wp.2010.110.
Testo completoAbstract (sommario):
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, e Beatriz Stoll Moraes. "ANÁLISE DAS POLÍTICAS PÚBLICAS IMPLEMENTADAS PARA A GESTÃO DOS RECURSOS HÍDRICOS NO BRASIL". Ciência e Natura 38, n. 2 (31 maggio 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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Ireland, Robert. "The WCO SAFE Framework of Standards: Avoiding Excess in Global Supply Chain Security Policy". Global Trade and Customs Journal 4, Issue 11/12 (1 novembre 2009): 341–52. http://dx.doi.org/10.54648/gtcj2009044.
Testo completoAbstract (sommario):
Prior to the terrorist attacks of 11 September 2001, customs controls related to national security threats did not feature highly on the policy priorities of the World Customs Organization’s (WCO). After 9/11 and implementation of several US Customs programs such as the Container Security Initiative (CSI) and the Customs-Trade Partnership Against Terrorism (C-TPAT), and regulations such as the 24-Hour Rule, the WCO began to focus much more of its work on supply chain security. This transition culminated in 2005 with the adoption of the WCO SAFE Framework of Standards to Secure and Facilitate Global Trade (SAFE Framework), a non-binding instrument comprised of technical customs standards aimed at securing without impeding international trade. This article will discuss the intricacies of the SAFE Framework including its history, political context, and technical elements (especially risk management and the Authorized Economic Operator (AEO) concept) and antecedents. This article will also consider the 2007 US legislation mandating 100% scanning of US-bound cargo containers at foreign ports that clouds and constrains the SAFE Framework’s future. The article concludes that policymakers should seek to avoid excess in formulating supply chain security policies.
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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, n. 2 (2006): 155–77. http://dx.doi.org/10.1163/157303506x129369.
Testo completoAbstract (sommario):
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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Wagener, Anthea Natalie. "EU Directive Prohibiting Gender-Based Insurance Rating: Would a South African Court Follow Suit?" African Journal of International and Comparative Law 29, n. 3 (agosto 2021): 418–32. http://dx.doi.org/10.3366/ajicl.2021.0374.
Testo completoAbstract (sommario):
The decision of the European Court of Justice in Association belge des Consommateurs Test-Achats ASBL, Yann van Vugt, Charles Basselier v. Conseil des ministres, Judgment of the Court of Justice (Grand Chamber) of 1 March 2011 Case (C-236/09) sparked international interest and concern as it prohibited the use of gender as a rating variable in the access to and the supply of goods and services. With specific reference to motor-vehicle insurance, gender is widely used to differentiate for purposes of accurate risk classification. South African motor-vehicle insurers use, inter alia, gender as a rating variable to classify risks into certain classes and to determine insurance premiums. A South African court is still yet to decide whether the use of gender as a motor-vehicle insurance rating variable amounts to unfair discrimination or not. In light of South Africa's history of discrimination, case law and equality legislation reflect a deep commitment to substantive equality. This article explores, taking into account a South African court's approach to equality, whether the outcome may be similar to the decision of the European Court of Justice or not.
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Ezeji, Chiji Longinus, e B. Simon Mahlangu. "THE EVALUATION OF DRONE AND INTELLIGENCE LED POLICING TECHNOLOGIES IN COMBATING CRIMES IN NIGERIA AND SOUTH AFRICA". Caleb International Journal of Development Studies 05, n. 02 (3 dicembre 2022): 250–70. http://dx.doi.org/10.26772/cijds-2022-05-02-13.
Testo completoAbstract (sommario):
This paper focuses on the application of drones and intelligence-led policing technologies in combating crime in South Africa and Nigeria The qualitative methodology was used adopting focus group technique for data collection. Findings reveals that most countries have set specific rules for drone flights and few restrictions are imposed on their weight carrying capacity, drones pose novel and difficult problems for law enforcement, drones have been put to a host of nefarious uses, from smuggling contraband into prisons, criminals used drones to supply illegal products, illicit drugs, contraband goods, criminals use drone for illegal surveillances, drones are used by law enforcement agents for surveillance and raiding, drones are used to carry out surveillance and crime investigations, drones can be flown remotely by an operator far away from the crime scene and in some jurisdictions the use of drones are lightly regulated by legislation, consequently local and state authorities are restricted from intercepting drones in flight, potentially even when a crime is in progress. There is need for improvements of drone technology to enable its applications by the criminal justice and law enforcement for resolving crime problems, intelligence led policing strategies should be adopted in consonance with drone technology for swift justice in Nigeria and South Africa, need for government of both countries to regulate drone technology, need to upgrade current legislation regulating the application of drones in both countries.
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Ullrich, Carsten. "New Approach meets new economy: Enforcing EU product safety in e-commerce". Maastricht Journal of European and Comparative Law 26, n. 4 (15 luglio 2019): 558–84. http://dx.doi.org/10.1177/1023263x19855073.
Testo completoAbstract (sommario):
This article reviews recent regulatory initiatives in the area of EU product safety legislation and market surveillance from the angle of e-commerce through online marketplaces. With the arrival of the internet, the sale of non-compliant and illegal consumer products has proliferated. E-commerce and globalized supply chains are challenging a regulatory system that is fragmented, highly technical and slow to respond to the dynamic changes introduced to the marketplace. The EU Commission’s 2017 notice on the surveillance of products sold online and its latest proposal for a new regulation on enforcing product compliance rules testify to the unsatisfactory state of progress in this area. A reason for this may be seen in the history and nature of New Approach style product law, which outsources technical product regulation to the industry and entrusts enforcement tightly in the hands of specialized national regulators. New actors in the supply chain, such as fulfilment service providers or e-commerce platforms, have fallen between the cracks. This article argues that extending the principles of the New Approach to e-commerce marketplaces, by seeing their activities as affecting essential requirements, could be of interest to both the problems at hand and the wider debate on online platforms regulation.
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Ahn, Jean. "A Study on the Key Issues of Legislation of Anti-discrimination Act: Focusing on the Bills of Equality Act Proposed to the National Assembly". Institute for Legal Studies Chonnam National University 42, n. 4 (30 novembre 2022): 281–328. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.281.
Testo completoAbstract (sommario):
This article aims at figuring out the key issues of legislation through the analysis of the bills of Equality Act or Anti-discrimination Act proposed to the National Assembly, based on the preliminary overview of legislative movement for the enactment of Anti-discrimination Act and the short history of legislation over the fifteen years since Ro Moo-hyun government in Korea. Key issues are picked out as follows through examining four bills proposed to the the National Assembly(Hye-young Jang’s Bill under the name of the Anti-discrimination Act and Sang-min Lee’s Bill, Joo-min Park’s Bill, and In-sook Kwon’s Bill under the name of the Equality Act) : the appropriate name of anti-discrimination law, types of discrimination, areas(scopes) and grounds of discrimination, exceptions of discrimination, instrument of remedy of discrimination, adoption of the compensatory and punitive damages. All the Bills agreed that ‘gender identity’ and ‘status of employment’ should be added to the current nineteen grounds of discrimination stipulated in the National Human Rights Commission Act as the protected characteristics of grounds of discrimination. Hye-young Jang’s Bill includes two more grounds of discrimination such as language and nationality. Furthermore, this study is suggesting to add three more characteristics of grounds of discrimination such as academic background, occupation, and engagement in labor union because those characteristics are very influential in Korean culture. Four bills are commonly suggesting to expand the scopes of discrimination by adding ‘the supply or use of administrative services et. al’ to the current three scopes (employment, the supply or use of goods and services, education) under the National Human Rights Commission Act. They also accepted the broad conception of discrimination which includes indirect discrimination, harassment, sexual harassment and the discriminatory advertisement or expression as well as direct discrimination. Consequently the equality act need to extend the conception and types of discrimination beyond the National Human Rights Commission Act. According to all of the Bills, not only the affirmative action but genuine occupational qualification(BFOQ) in employment should be accepted as the exception of discrimination. In order for the effective enforcement of the equality act, all the Bills are adopting the new instruments of remedy such as the corrective order, the support of litigation of the National Human Rights Commission, provisional or positive measures by the court decision, and the compensatory and punitive damages for the harmful discrimination. These key issues should be considered in the legislation of the anti-discrimination act or the equality act in the near future.
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Nabavi, Ehsan. "(Ground)Water Governance and Legal Development in Iran, 1906–2016". Middle East Law and Governance 9, n. 1 (7 giugno 2017): 43–70. http://dx.doi.org/10.1163/18763375-00901005.
Testo completoAbstract (sommario):
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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Gabru, N. "SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, n. 1 (10 luglio 2017): 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.
Testo completoAbstract (sommario):
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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Jegede, Ademola, e Pumzile Shikwambane. "Water ‘Apartheid’ and the Significance of Human Rights Principles of Affirmative Action in South Africa". Water 13, n. 8 (16 aprile 2021): 1104. http://dx.doi.org/10.3390/w13081104.
Testo completoAbstract (sommario):
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, n. 2 (1 dicembre 2017): 347–78. http://dx.doi.org/10.25159/2522-6800/3585.
Testo completoAbstract (sommario):
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, n. 1 (20 dicembre 2019): 63–79. http://dx.doi.org/10.22586/review.v15i1.9740.
Testo completoAbstract (sommario):
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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Cummings, K. Michael, Jonathan Gdanski, Nichole Veatch e Ernesto Marcelo Sebrié. "Assumption of Risk and the Role of Health Warnings Labels in the United States". Nicotine & Tobacco Research 22, n. 6 (25 maggio 2019): 975–83. http://dx.doi.org/10.1093/ntr/ntz089.
Testo completoAbstract (sommario):
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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Vel, Jacqueline, Adriaan Bedner, Tody Sasmitha Jiwa Utama e Hertasning Ichlas. "Law and Heritage for Protecting Water Resources and Access to Water in Indonesia". Blue Papers 1, n. 2 (1 dicembre 2022): 12–23. http://dx.doi.org/10.58981/bluepapers.2022.2.01.
Testo completoAbstract (sommario):
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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Rybak, Svetlana, e Mikhail Ponezhin. "Water supply contract in the context of environmental safety: Features of legal regulation". BIO Web of Conferences 113 (2024): 05012. http://dx.doi.org/10.1051/bioconf/202411305012.
Testo completoAbstract (sommario):
The article focuses on the special nature of water supply contract and its legal regulation. It is known that civil law regulates various relations in the sphere of property and other non-property things. It acts as a separate branch, which has a certain independence, as well as a certain specificity of functioning. Civil law is based on concluded agreements. It is a system of property and personal non-property relations regulated by civil legislation on the basis of legally binding contracts. Contracts are one of the most important sources of civil regulation and form a fundamental part of civil legislation. One of the most important types of civil law contracts is the «contract of water supply and sewerage». Water supply contract is an agreement between the organization managing water supply and sewerage system (Vodokanal) and the user, under which Vodokanal undertakes to provide the customer with drinking and technical water through a connected centralized water supply network. The customer is obliged to comply with the regime of water resources consumption and to pay for them on time, to comply with the contractual regulations on the volume and quality of waste water discharged into the sewerage system. According to the Article 432 of the Civil Code of the Russian Federation: a contract is considered concluded if the parties, in the required form, have reached an agreement on all material terms of the contract. The contract specifies the volume and quality of services provided, tariffs for water supply, the procedure for calculations, the responsibility of the parties and the terms of termination of the contract. As the object of research the authors have defined the peculiarities of the legal nature of the water supply contract under the conditions of deterioration of the situation with environmental safety. The purpose of the work is the study of the legal nature of the contract of water supply and its civil-law regulation in accordance with the current legislation of the Russian Federation in view of the special importance of water supply for environmental safety.
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Sytnichenko, Mykola, e Hanna Anatska. "Simulation of surface wastewater flow volume using the city of Kyiv as an example". Problems of Water supply, Sewerage and Hydraulic, n. 45 (10 dicembre 2023): 71–77. http://dx.doi.org/10.32347/2524-0021.2023.45.71-77.
Testo completoAbstract (sommario):
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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Kristoforovic-Ilic, Miroslava. "Water quality: Legislation - our country and European Union". Srpski arhiv za celokupno lekarstvo 134, Suppl. 2 (2006): 150–56. http://dx.doi.org/10.2298/sarh06s2150k.
Testo completoAbstract (sommario):
Water quality and water supply system in our country are primarily related to inadequate environment management in 1990s, due to poor economic situation in the country and insufficient investments. With a view to improve conditions of environment, strategic documents at various levels have been adopted. One of these, water-supply basis for Serbia 2002-2012, was adopted by Government of the Republic of Serbia in 2002, which defined basic strategy for water management. Law on Environment Protection (2004) provides basis and possibility of further applicability of EU directions complying with respective standards. Apparent trend in this field is tendency of setting up certain standards for each purpose (Council Directive 75/440/EEC, Council Directive 76/160/EEC) as well as for some types of water systems (rivers, lakes, ground waters). Our paper presents the most important regulations of the Republic Serbia and EU in the field of water quality management, control of water quality in our country, monitoring, that would, followed by adequate information system, contribute to quality improvement of ambient and drinking waters.
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Louvin, Roberto, Ezio Benedetti e Pasquale Viola. "Comparative Public Law and Water Crisis". Italian Review of International and Comparative Law 3, n. 2 (15 novembre 2023): 469–89. http://dx.doi.org/10.1163/27725650-03020016.
Testo completoAbstract (sommario):
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).
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Liu, Zhen Hua. "Discussion on Legislation of Rural Safe Drinking Water in China". Applied Mechanics and Materials 94-96 (settembre 2011): 556–59. http://dx.doi.org/10.4028/www.scientific.net/amm.94-96.556.
Testo completoAbstract (sommario):
There is a serious problem of rural unsafe drinking water in china,but only it is essential for legislation to solve comprehensively.Through the analysis of the legislative background, legislative basis and legislative framework system of rural safe drinking water,the paper explores some legislative issues.Water source contaminated by industrial pollutants, agricultural pollutants, domestic pollutants, is the biggest obstacle to rural drinking water safety.Rural safe drinking water legislation have sufficiently the constitutional basis and the basic law basis. Legislative framework system is composed of drinking water source protection,rural water supply planning,project financing,operation and management mechanisms,emergency warning system, pricing system, supervision system etc. Rural safe drinking water legislation will play a significant role in solving fundamentally the problem of rural safe drinking water.
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Borisova, Daria S., Gennadiy B. Yeremin, Anton M. Nikulenkov e Natalya A. Mozzhukhina. "Foreign legislation in the field of drinking groundwater protection (literature review)". Hygiene and sanitation 100, n. 8 (31 agosto 2021): 797–802. http://dx.doi.org/10.47470/0016-9900-2021-100-8-797-802.
Testo completoAbstract (sommario):
The need to protect underground sources of drinking and household water supply. Many reasons, including climatic changes, an increase in anthropogenic pressure, and an increase in the need for drinking water, dictate the need to protect underground sources of drinking and domestic water supply. The USSR was the pioneer in the field of drinking water protection in the world. Already in 1956, USSR put an instruction on the establishment of sanitary protection zones (SPZ) into effect. The United States took the first steps in resolving this issue only seven years later. Along with Soviet developments, the USA and German guidelines are still fundamental and contain fundamental recommendations for groundwater protection. The requirements related to the protection of water intakes in the legislative acts of various states have been implemented at the international level (Directive 2000/60 / EU, Directive 2006/118 / EU), nationally (Australian National Strategy, USA Safe Drinking Water Law, PRC Law on Drinking Water Pollution Prevention and Control) and Local Levels (New Jersey safeguard zone (SGZ) Guidelines). Among the standard features is the allocation of belts in the S with different permitted use regimes: belt I (strict regime) - 10-50 m, belt II -50 days -10 years, belt III - the entire catchment area. Conclusions. Despite the fact that each country uses different approaches to protecting groundwater, in general, there is a similarity in the establishment and organization of SGZ for groundwater intakes, in which certain activities are prohibited or restricted. In the Russian Federation, it seems important to formalize the results of scientific research and existing experience in the protection of underground sources of drinking water supply in the form of Guidelines to allow ensuring optimal management of drinking water resources and preserve the quality of drinking water, to guarantee their availability in the future.
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Belecciu, Liliana. "The legality of the “share” in the billing of the public water supply and sewage service". Supremacy of Law, n. 1 (settembre 2021): 129–35. http://dx.doi.org/10.52388/2345-1971.2021.1.12.
Testo completoAbstract (sommario):
The public water supply and sewerage service includes the totality of activities of public utility and general economic and social interest carried out for the purpose of the collection, treatment, transportation, storage and distribution of drinking water on the territory of the administrative-territorial unit, as well as for the purpose of the collection and purification of wastewater. This service is regulated, in particular, by the Law on public water supply and sewerage service No. 303/2013. The object of the law represents the creation of the legal framework for the establishment, organization, operation, regulation and monitoring of the public drinking water supply and sewerage service in the conditions of accessibility, availability, reliability, continuity, competitiveness, transparency, respecting quality, safety and environmental protection. Everything that exceeds these activities is not subject to the regulation of the Law No. 303/2013. And the application of the “share” is an illegal activity that is punishable in accordance with the legislation in force.
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Clifford-Holmes, Jai K., Carolyn G. Palmer, Chris J. de Wet e Jill H. Slinger. "Operational manifestations of institutional dysfunction in post-apartheid South Africa". Water Policy 18, n. 4 (29 gennaio 2016): 998–1014. http://dx.doi.org/10.2166/wp.2016.211.
Testo completoAbstract (sommario):
At the centre of the water law reform process initiated by the first democratic government of the Republic of South Africa (RSA) lay the challenge of transforming away from apartheid water injustices. Reform culminated in the promulgation of new legislation, regarded internationally as ambitious and forward-thinking legislation reflective of the broad aims of integrated water resource management (IWRM). However, implementation of this legislation has been challenging. This paper analyses institutional dysfunction in water management in the Sundays River Valley Municipality (Eastern Cape Province, RSA). A transdisciplinary approach is taken in addressing the failure of national law and policy to enable the delivery of effective water services in post-apartheid RSA. A case study is used to explore interventions to promote effective water supply, locating these interventions and policies within the legislative structures and frameworks governing the water sector. We suggest that fine-grained institutional analysis together with learning from persistent iterative, adaptive practice, with principled goals intact, offers a pragmatic and achievable alternative to grand-scale policy change.
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Koguashvili, Paata, e Badri Ramishvili. "LAND IS AN ESSENTIAL COMPONENT OF A NATION'S EXISTENCE AND CREATIVITY". Economic Profile 17, n. 1(23) (4 agosto 2022): 132–42. http://dx.doi.org/10.52244/ep.2022.23.03.
Testo completoAbstract (sommario):
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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Olivieri, Flavia, Steven Hendrik Andreas Koop, Kees Van Leeuwen e Jan Hofman. "Enhancing Governance Capacity to Ensure a Long-Term Water Supply: The Case of Windhoek, Namibia". Sustainability 14, n. 4 (19 febbraio 2022): 2387. http://dx.doi.org/10.3390/su14042387.
Testo completoAbstract (sommario):
Windhoek, Namibia, faces water stress, urbanisation, climate change and governance challenges; these issues are constraining water provision and underpinning the urgency to implement an integrated water resource management plan. Windhoek has provided access to water during droughts by relying on multiple water resources including treated wastewater. However, significant infrastructure investments are required to ensure continued water security. Through applying the City Blueprint Approach—an indicator assessment aiming to provide a holistic understanding of water management and governance—we substantiate how Namibia can enhance the capacity to implement legislation, with long-term focus and collaboration with experts and stakeholders.
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Brandão, Izabel Freitas, e Amarilis Lucia Casteli Figueiredo Gallardo. "Implications of a new licensing framework on the impact assessment of water and sewage systems". Sustainability in Debate 13, n. 1 (29 aprile 2022): 22. http://dx.doi.org/10.18472/sustdeb.v13n1.2022.40601.
Testo completoAbstract (sommario):
A bill pending in the Brazilian Senate may change profoundly the characteristics and practice of environmental licensing in Brazil, including removing the obligation to obtain an environmental license for specific projects, such as those related to water supply and sanitary sewage. This timely bibliographical and documental study aims to analyse the development of specific legislation on environmental impact assessment (EIA) and environmental licensing of these two types of projects and compare them with the changes provided by the proposed Licensing Law. The work uses the identification and analysis of specific rules and legal documents that make up the current regulatory framework for licensing and the changes provided by the bill. The flexibility and exclusion of environmental licensing, without scientific rigour, ignore the importance of this instrument for environmental integration into decision-making. Furthermore, projects could damage the environment without such analysis due to the need to expand water supply and sanitation systems.
34
Heinen, Joel T., e Roberta (‘Bobbi’) S. Low. "Human Behavioural Ecology and Environmental Conservation". Environmental Conservation 19, n. 2 (1992): 105–16. http://dx.doi.org/10.1017/s0376892900030575.
Testo completoAbstract (sommario):
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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Dolan, T., P. Howsam e D. J. Parsons. "Diffuse pesticide pollution of drinking water sources: impact of legislation and UK responses". Water Policy 14, n. 4 (10 marzo 2012): 680–93. http://dx.doi.org/10.2166/wp.2012.147.
Testo completoAbstract (sommario):
Diffuse pesticide pollution is a problem for the environment, but it also presents a challenge for water companies managing treatment infrastructure to produce potable water. The legal framework for this context has three main components: that dealing with pesticides and pesticide use, that dealing with environmental water quality and that dealing with drinking water quality. The study set out to identify, interpret and assess the impact of the legal framework related to this challenge. The study found that the current policy and legislation do not provide a coordinated legal framework and some changes are warranted. For example the Water Framework Directive (WFD) sets environmental quality standards for some, but not all, pesticides. Article 7 provides special protection of water bodies used as sources for drinking water supply, but it is not clear whether the UK will achieve full compliance by 2015. This is a problem for water companies planning investment, because the WFD and Drinking Water Directive remain legally distinct. Further uncertainty arises from the application of Regulation (EC) 1107/2009 and the extent that restricted availability of pesticides will drive changes in agricultural practice and pesticide use.
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Mohd Mahyudin, Muhammad Nazrin Harith bin, Hanim Kamaruddin e Muhamad Sayuti Hassan. "Water Resource Sustainability: Integrated Legislative Approach in Wastewater Management in Malaysia". 15TH GLOBAL CONFERENCE ON BUSINESS AND SOCIAL SCIENCES ON 14 - 15 SEPTEMBER 2023, NOVOTEL BANGKOK PLATINUM PRATUNAM, THAILAND 15, n. 1 (14 settembre 2023): 17. http://dx.doi.org/10.35609/gcbssproceeding.2023.1(17).
Testo completoAbstract (sommario):
The adoption of the 2030 Sustainable Development Agenda in 2015, as well as the implementation of the seventeen Sustainable Development Goals (SDGs), will mark the eighth year in September 2023. Nonetheless, as we approach the halfway point, our progress in achieving the objectives or goals remains unsatisfactory, not least due to the effects of the COVID-19 pandemic. One of which is related to the sixth SDG that envisions access to clean water, sanitation, and hygiene as the most fundamental requirement for human health and well-being. According to the 2022 SDG report, the global water stress level stayed at an acceptable 18.6% in 2019. However, it was further reported that Southern Asia and Central Asia reported water stress levels of above 75%, whereas Northern Africa reported a serious water stress level of over 100%. Since 2015, water stress levels in Western Asia and Northern Africa have increased dramatically. Unless progress quadruples, billions of people will lack access to potable drinking water and sanitation by 2030 due to rapid population increase, urbanization, and rising water demands from agricultural, industrial, and energy sectors that are driving up water demand. Despite the fact that the world's usable freshwater supply is only about 1%, the problems generally faced are ensuring the continued supply and access to this "liquid gold" regardless of geographical or economic boundaries. Thus, immense interest and development in wastewater initiatives as a source of water and nutrients have gained momentum at national and international levels including in Malaysia. Even though Malaysia receives an abundance of precipitation due to its equatorial location, it is nonetheless susceptible to water security and wastewater management issues. Effective national policies and adequate legislation governing wastewater management are implemented to help achieve sustainable water resources in most countries. Keywords: Wastewater, Legislation, Sustainability, Malaysia
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K'Akumu, O. A. "Privatization model for water enterprise in Kenya". Water Policy 8, n. 6 (1 dicembre 2006): 539–57. http://dx.doi.org/10.2166/wp.2006.047.
Testo completoAbstract (sommario):
The world over, the role and eligibility of the state in the provision of water supply is increasingly coming into question. Policy makers and analysts are advocating the abdication of the state in favour of private participation. This is expected to bring with it a host of benefits to all the stakeholders concerned. Kenya is one of the developing countries that have endeavoured to privatize their water sectors. Kenya has done this by enactment and implementation of the Water Act of 2002. The paper carries out an analysis of the water institutions being created under the new legislation. This has been done against conventional policy and conceptual frameworks. Overall, the institutional set-up is found to be public sector-oriented rather than private sector-oriented. Recommendations are made for legislative review for mainstreaming private sector participation.
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García Sánchez, Dra María del Rocío, Dr Joaquín Reyes Añorve e Mtra Guadalupe Godínez Alarcón. "Water Crisis in Mexico.Reflections on Its Shortage and Management". International Journal of Scientific Research and Management (IJSRM) 11, n. 10 (3 ottobre 2023): 5201–10. http://dx.doi.org/10.18535/ijsrm/v11i10.em02.
Testo completoAbstract (sommario):
Mexico is experiencing a water crisis particularly in the central and northern regions of the country due to increasing droughts. Millions of liters of water are used by the processed food industry or soft drink or beer companies, the agricultural and livestock industry among others, these are the economic activities that consume the most water. Therefore, it is important that the water crisis experienced in Mexico should not be addressed based on the lack of rain, the implementation of effective public policies for the supply of water that respond to the expectations of the population should also be considered. Another aspect that must be taken into account is that the Mexican legislation that regulates the exploitation or use of national waters, as well as their distribution, control and preservation of their quantity and quality, has to be reviewed, renewed and adapted to the current needs of the country to guarantee the human right to water. In this context and using an inductive-deductive methodology, a documentary review of national and international legislation was carried out, as well as literature related to the water crisis affecting Mexico. In short, it is important to state that the management of water resources must be based on principles of solidarity, collective access and equity, which are by definition incompatible with any commercial approach motivated by private benefit and public benefit. Definitely, the implementation of public policies that effectively combat water scarcity in Mexico must be linked to the management, protection and infrastructure for the distribution and storage of water. This includes regulating water extraction and promoting sustainable practices in all sectors of the economy.
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Bezerra, Carlos Gomes. "STOP ADDING FLUORIDE TO THE WATER?" Journal of Law, Public Policies, and Human Sciences 2, n. 2 (20 aprile 2021): 01–07. http://dx.doi.org/10.52571/jlpphs.v02.n02.pgi.01.2021.
Testo completoAbstract (sommario):
Background: The present interview with Mr. Federal Deputy Carlos Bezerra deals with Bill 6359/2013 of 2013, which aims to revoke Law No. 6,050, of May 24, 1974, which “provides for the fluoridation of water in supply systems when there is a treatment plant ”. The PL justifies that it was found that the high intake of this substance caused fluorosis. Objective: to get to know PL 6359/2013 better, to ask about other possible effects of water fluoridation that PL 6359/2013 can remedy. Methods: the interview was conducted using the content of PL 6359/2013 as a basis. International studies, published mostly in indexed scientific journals, have provided the means for informing additional questions, which relate water fluoridation to the possibility of other disorders, including a possibility of reducing cognitive needs. The socio-economic effects of water fluoridation were also superficially possible. Results and Discussion: PL 6359/2013 was based on consistent arguments, and its proposition is understandable to legislators. Issues addressed that may relate water fluoridation to other health or social situations can be raised again in an appropriate future situation. Conclusions: PL 6359/2013 was founded on solid scientific and empirical evidence and proposed the amendment of the previous legislation (Law No. 6,050, of May 24, 1974), aimed at preserving the health of the population.
40
Kaštelan-Macan, Marija, Marijan Ahel, Alka J. M. Horvat, Dalila Jabučar e Petar Jovančić. "Water resources and waste water management in Bosnia and Herzegovina, Croatia and the State Union of Serbia and Montenegro". Water Policy 9, n. 3 (1 giugno 2007): 319–43. http://dx.doi.org/10.2166/wp.2007.003.
Testo completoAbstract (sommario):
This work provides an inventory of water resources and presents the current status of water supply, water quality as well as wastewater management in Bosnia and Herzegovina, Croatia and the State Union of Serbia and Montenegro, established after the break-up of the former Yugoslavia. All three countries are very rich in water resources, pertaining in a large percentage to the Adriatic and Black Sea basins. However, this richness is not adequately reflected in the current status of the public water supply. Water supply is satisfactory only in bigger cities, whereas rural populations still largely depend on the local sources. Furthermore, with respect to integrated water management, there is a big discrepancy between the capacities of water supply and drainage and those for municipal and industrial wastewater treatment. Only a small percentage of wastewaters receive at least some treatment, putting those receiving natural waters at considerable risk. Nevertheless, available reports on the water quality of ambient waters do not reveal the existence of this problem on a wider scale, but indicate only few hot spots. Microbiological pollution near big cities and patchy elevated levels of heavy metals and organic pollutants around industrial plants and agricultural lands belong to these exceptions. Such a relatively favourable situation is, partly, a consequence of a significant decrease in economic activities, which is characteristic of all transition countries, but it also reveals the impact of the recent wars in the region. Political and military conflicts in the region generated mutual distrust and lack of cooperation between the three countries. However, attempts are being made to resolve most of the issues related to cross-border contamination by signing international and regional treaties. As a part of pre-accession activities, all three states are harmonizing their legislation with the EU and are joining scientific projects on the water protection of other western countries. This is expected to bring considerable benefits to the local population and to make economic development more vigorous.
41
Zorina, O. V., V. O. Prokopov e M. Y. Antomonov. "RESULTS OF OBSERVATIONS ON THE INDICATORS OF THE DNIPRO WATER, WHICH INTENSIFY ITS "BLOOMING", AND RECOMMENDATIONS OR PREVENTIVE MEASURES". Hygiene of populated places 2020, n. 70 (22 dicembre 2020): 53–64. http://dx.doi.org/10.32402/hygiene2020.70.053.
Testo completoAbstract (sommario):
Objective. Analysis of the results of systematic observations of the indicators that characterize the "blooming" of the water of the Dnieper River in space-time aspect, and providing recommendations for its prevention. Materials and methods. To assess the water quality of the Dnieper River, an array of data from the State Agency of Water Resources "Dnieper Basin Water Resources Management" (2015–2017, 906 samples), the State Water Cadastre (2016), "UNHC Ministry of Health" on the state of water in Ukraine (1992–1994), “National Report on Drinking Water Quality and the State of Drinking Water Supply in Ukraine” (2005–2016), Lithuanian Waste Management Regulation (2006), Council Directive 91/271/ЄEC. Methods were used for data processing: analytical, statistical, correlation, mathematical modeling. Results and conclusions. A high content of phosphates and organic substances in the water of the Dnipro river in the spatial-and-temporal section is demonstrated, which indicates a natural and anthropogenic contamination and will lead to the potential problems with the contamination of tap drinking water made of the Dnipro water. It is proved that one of the priority tasks today should be to reduce the content of organic matter, phosphorus and nitrogen in surface waters, which can be achieved by establishing coastal strips and provided by law, as well as the use of modern technologies for industrial and domestic wastewater treatment, this requires regulation. Further harmonization of Ukraine’s water legislation with European legislation will help prevent water-related morbidity.
42
Rainer, J. M. "Christian Bruun, The Water Supply of Ancient Rome (A study of Roman Imperial Administration = Commentationes Humanarum Litterarum 93)". Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 112, n. 1 (1 agosto 1995): 554–57. http://dx.doi.org/10.7767/zrgra.1995.112.1.554.
Testo completo
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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, n. 2 (aprile 1999): 179–200. http://dx.doi.org/10.1017/s0898030600003195.
Testo completoAbstract (sommario):
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.
44
Annandale, Elrista, e Eric Nealer. "Exploring aspects of the water history of the Potchefstroom region and the local management of it". New Contree 62 (30 novembre 2011): 14. http://dx.doi.org/10.4102/nc.v62i0.341.
Testo completoAbstract (sommario):
It is by now common knowledge that South Africa is a water scarce country and that the correct public management of its potable water sources such as the transportation of it as well as the purification of the used water is of utmost importance. In the history of South Africa, the supply of potable water and basic sanitation services to all the inhabitants has never been higher on the national, provincial and especially the local government sphere agendas than since the end of April 1994. Even though the Mooi River valley area has always been described as water rich, it might in the near future be described as “water, water everywhere, but not a drop to drink”! The city of Potchefstroom gathers its potable water from surface- and groundwater in the Mooi River Catchment. The water is collected, stored and released from the Boskop Dam from where it is transported in a 12km long open-on-top cement canal to the water purification works of the City. In an ad hoc field visit by the authors, it was discovered that the water canal is broken and being polluted in a variety of ways before it reaches the purification works. Improvement of this inefficient management situation is also currently quite impossible seeing that the Department of Water Affairs’ workforce has declined to a mere 20 people to maintain the whole of the Mooi River valley.The article starts off with a historical water related background of Potchefstroom identifying some historical happenings and developments of importance with reference to the development related to Potchefstroom and especially the source and transport of its potable water. Thereafter the article highlights some important water resources related legislation, which is obviously not being adhered to. Important role-players involved with the public management of the potable water supply for the city residents of Potchefstroom are furthermore identified. Lastly the way forward is addressed and some recommendations on the improvement of the transport of the City’s potable water through the dolomite underlain area are given.
45
Safarikas, N., N. V. Paranychianakis, O. Kotselidou e A. N. Angelakis. "Drinking water policy in the frame of the Directive 2000/60/EC with emphasis on drinking water prices". Water Supply 5, n. 6 (1 dicembre 2005): 243–50. http://dx.doi.org/10.2166/ws.2005.0070.
Testo completoAbstract (sommario):
The Water Framework Directive (WFD) 2000/60/EC, which has been transposed into the national legislation with the Law 3199/2003 (MoEPPW, 2003), will cause substantial changes in the drinking water pricing policy and the domestic water authorities involved such as the Municipal Enterprises for Water Supply and Sewerage (DEYA). Up to date, drinking water pricing policy has been based only on the recovery of the economic cost and in some cases neither this. Therefore, domestic water is not priced taking into account its real cost. Based on data provided by 74 DEYA representing 2.10 million inh, the average water price is estimated to be 1.19 €/m3. Analysis of these data reveals a deviation of 41.67% from the real cost. The relation of consumers with the Enterprise, but also that of management and employees, should be a bidirectional relation, in order to be comprehensible by all. Thus, an agreement that will point out that the most excellent quality of water presupposes water policy which will consider sustainability and the current requirements of the Enterprise and of course the consumers should be established between them.
46
Huch, Ronald K. "The National Association for the Promotion of Social Science: Its Contribution to Victorian Health Reform, 1857–1886". Albion 17, n. 3 (1985): 279–99. http://dx.doi.org/10.2307/4048958.
Testo completoAbstract (sommario):
The campaign for better public health was a major social issue in England during the second half of the nineteenth century. As in the case of Poor Law and factory reform, Edwin Chadwick stands as the person who directed public interest toward the need for sanitary reform. He did this through his association with the Poor Law Commission in the late 1830s, then through his seminal and widely read 1842 Report on the Sanitary Condition of the Labouring Population. Chadwick's report captured the minds of many in the British upper middle class. The Health of Towns Association, founded in 1844, helped to diffuse information on the “physical and moral evils that result from the present defective sewerage, drainage, supply of water, air, and light. …” Although the sanitary reformers had made some minor gains by 1847, they had failed to produce a satisfactory bill that would allow government some role in coordinating sanitary improvement. At this point, neither Chadwick, nor any other leading proponent of sanitary legislation wanted to put full authority in the hands of the central government, but they did desire a more efficient combination of local and national control.The sanitary reformers, and particularly Chadwick, achieved a measure of success in 1848 when the Public Health Bill received parliamentary approval. It was hoped the Act would bring about a useful consolidation of responsibility for drainage, sewerage, water supply, and road maintenance. Instead, the legislation spurred a furious debate over how much national government interference was acceptable. It did little to improve public health because the argument over government interference for a time took attention away from critical issues of sanitation reform. Although never completely overcome, the argument over principles faded in the 1850s in the face of an urgent need for reform.
47
Krylova, I. I. "Water supply and wastewater sector as state regulation object". Public administration aspects 6, n. 9 (17 ottobre 2018): 5–15. http://dx.doi.org/10.15421/151849.
Testo completoAbstract (sommario):
The sphere of water supply and sewage is directly related to a human and society life including a certain creation of life conditions with satisfaction of the immediate needs of a person, and so on. Despite the time, era, change of historical conditions, ideology and culture, the need for water and services is associated with its constant. Just the state policy, goals and tasks of public authorities aimed at regulation of this sphere are changing. The state regulation in any sphere of economic relations is the influence of the state through the normative legal acts adoption, regulations and compliance control including the control by the subjects of the legislation sphere, and application of coercive measures in case of violation of these requirements. In this article, the author considers the water supply and drainage sphere as an object of state regulation, and analyzes the definition of the concept in this field, which is disclosed in various sources, as well as its components and characteristics, and methods of state regulation of the sphere. Formation and development of the water supply and water discharge sector of Ukraine took place as an integral part of housing and communal services. And only since 2002 the sphere of water supply and sewage became regulated by the separate Law of Ukraine «On Potable Water and Drinking Water Supply», which has defined the main concepts, subjects and objects of this phere, and the principles of state policy. While exploring the conditions of state regulated market economy transition, the principles of housing and communal services reform, the author analyzes the scope of water supply and drainage as a market for water supply and sewage services, and reveals its characteristic features. It is very important to identify the specific features inherent in the services of water supply and discharge – the demand inelasticity; dependence of the services supply on the availability of networks; availability of technological and infrastructure constraints in providing services; lack of any alternative to drinking water and water supply and sewage services; water supply and drainage are technologically separate processes carried out using various engineering systems. Paying no attention to the privileged position of natural monopoly entities providing centralized water supply and sewage services, the availability of production facilities, material and financial resources, a guaranteed market for sales of services and the lack of competition, the sphere of water supply and drainage (as well as the sphere of housing and communal services), unlike other branches of natural monopolies, is unprofitable. The statistical data in the field testify that today housing and communal services are the most technically backward sector of the economy with many accumulated problems. Reforms conducted at the state level do not provide the expected result. Until now, at the state level, there are no clearly formulated mechanisms for creating conditions, which would balance the interests of market participants, and protect the interests of consumers in providing them with good quality public services at reasonable prices, and create conditions for the effective functioning of natural monopoly entities, while attracting investments to the development of housing and communal services. And the fact that the water supply and sanitation sector is one of the most attractive in terms of reliability and investment return in the world practice, confirms the correctness of the chosen research direction.
48
Krasilnikoff, Jens, e Andreas N. Angelakis. "Water management and its judicial contexts in ancient Greece: a review from the earliest times to the Roman period". Water Policy 21, n. 2 (14 febbraio 2019): 245–58. http://dx.doi.org/10.2166/wp.2019.176.
Testo completoAbstract (sommario):
Abstract From the earliest times, Greek societies prepared legislation to solve disputes, define access to the water resources, and regulate waste- and storm-water disposal. On the one hand, evidence suggests that in Greek antiquity (750–30 bc), scientific progress was an important agent in the development of water management in some cities including institutional and regulatory issues. In most cities, it seems not to have been a prerequisite in relation to basic agricultural or household requirements. Previous studies suggest that judicial insight rather than practical knowledge of water management became a vital part of how socio-political and religious organizations dealing with water management functioned. The evidence indicates an interest in institutional matters, but in some instances also in the day-to-day handling of water issues. Thus, the aim of this review is to follow the development of water law and institutions and their technical solutions in the Greek states during the Archaic through the Roman periods. In addition, it demonstrates that the need for water management regulations is not a modern creation, but there is a long tradition of solving complex issues of water supply and use with rather sophisticated legal measures.
49
Vasilchenko, Denis, Vladimir Gusev e 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, n. 1-2 (1 gennaio 2023): 82–101. http://dx.doi.org/10.31166/voprosyistorii202301statyi35.
Testo completoAbstract (sommario):
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.
50
Labatut, Bernard. "Le gouvernement socialiste espagnol et la participation à l’Alliance atlantique depuis novembre 1982 (Note)". L’Espagne et l’Alliance Atlantique 16, n. 3 (12 aprile 2005): 575–88. http://dx.doi.org/10.7202/701885ar.
Testo completoAbstract (sommario):
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.