Проблеми верховенства екологічного права в контексті законодавства країн

Abstract

There is a wide range of substantive and procedural rights related to the environment (sometimes called “environmental rights”). These include material rights, such as the rights to a healthy environment, to life, and to clean air and water. They also include procedural rights such as rights to access to information, public participation in environmental protection, access to justice and non-discrimination. These rights relate to the environment in two key ways. First: certain environmental conditions or resources are required to satisfy them (for example, the right to life). Second: many rights, especially procedural rights, are necessary for the environmental rule of law, even if the rights apply generally in cases of direct harm to individual rights and are not limited to the environmental context. These rights are recognized and protected by national constitutions and laws; international human rights, international environmental law, as well as regional and other subnational constitutions and laws. The rule of environmental law takes root when leaders demonstrate a clear and apolitical desire to enforce environmental laws, even in the face of opposition and business opposition. Political will means the commitment to carry out policies, especially those that are not popular. Enacting environmental legislation can be difficult and require many compromises to pass legislation in the legislature. But the real challenge comes in enforcing these laws through regulations, policies and actions that directly affect stakeholders’ livelihoods: land, properties and profits. Often, the rule of environmental law is violated at this critical juncture due to a lack of political will to enforce the law fairly and consistently. The rule of environmental law and environmental governance are related, but there are differences in goals and scope. In environmental law, the main focus is on the environment, namely ensuring compliance and enforcement of environmental legislation. Environmental management includes a broader set of goals and approaches related to the adoption and implementation of decisions related to environmental protection.