Development Of Environmental Legislation Research Articles

Government Reporting on Significant Developments in Environmental Legislation around the World: The Challenges of Symbolic Legislation

Abstract The UK Environment Act 2021 imposes a duty on the Secretary of State to report on ‘significant’ developments in environmental legislation from around the world. The analysis explores this in the context of legislation which is significant by virtue of its symbolism, rather than (or in addition to) enforceable legal content. ‘Symbolic legislation’ has a long history in the field of the environment, and it remains highly pertinent to today. Whilst acknowledging the constitutional dangers of symbolic legislation, the authors argue that there is something particularly compelling about the use of legislation to achieve something different from, or additional to, the enforcement of enacted rules of behaviour in environmental law. The idea that legislation can or should serve as a vehicle for the expression of values, and/or embody important moral aspirations, has traction in environmental law contexts where there is both normative and epistemic uncertainty and problems are characteristically ‘hot’.

Environmental law and natural resource law: if “divorce” is relevante?

The article examines the problems of the environmental law structural system. The urgency of this issue has increased signifi cantly due to the repeated attempts of some researchers to justify the need to separate from the environmental law of its natural resource unit and create a new branch of law, along with environmental law, the subject and scope of which will be signifi cantly narrowed. A brief historical digression into the study of the relevant issue in Ukrainian science over the past 60 years was made. The connection between the evolution of legal thought and the development of environmental legislation at diff erent stages is substantiated. The views of modern supporters of such a question are analyzed. Attention is focused on the signifi cant disagreements of researchers in understanding the subject and system of the proposed new branch of law: some of them suggest a separation of utilization, on the one hand, and protection, on the other; others are talking about the allocation in some areas of diff erentiated regulation of relations for the utilization and protection of certain natural resources while leaving in the fi eld of environmental law regulation of integrated environmental relations; from time to time there are other approaches that never completely coincide with each other, even among supporters of the independence of natural resource law. It is emphasized that such inconsistency of researchers’ opinion only delays the process of systematization of environmental legislation, which is long overdue, especially from the standpoint of law enforcement. The relationship between the system of law and the system of legislation is studied in the context of preparation for the systematization of environmental legislation. The conclusion is made about the need to preserve the unity of the branch of law that regulates relations in the system «man - nature». Key words: environmental law; natural resource law; branch of law; system of law; system of legislation; systematization of environmental legislation

Access to justice in environmental matters in the Republic of Moldova

The formation and development of environmental legislation have been and continue to be strongly influenced by a number of external factors determined by the objective processes of globalization and internationalization of environmental issues. From the first analyzes of the environmental policies adopted in the Republic of Moldova based on the Aarhus Convention, we find that so far no strategy has been developed to ensure access to justice on the ecological damage recovery, a strategy that would constitute the "lifeline" for the injured subjects, the authorities responsible for ensuring the full recovery of the damage caused to the environment, the courts that will resort to the laws adopted on the basis of these strategies.

Formation of Environmental Legislation in the Early Years of Soviet Period

This article analyzes formation and development of environmental legislation in the early years of Soviet period based on systemic, comparative-legal, systemic-structural and logical research methods. Political processes of the first half 19th century in the Soviet Union had a huge impact on the part of the public political life of Kyrgyzstan, including the processes of legal development. The main purpose of this article is to study the formation, emergence of the first norms in the field of ecology, their isolation, the formation of codified acts in the first years of Soviet power and identification of especially significant features in the formation of environmental legislation. The research results are useful in the justice, legislative activity, law enforcement practice fields, as well as in scientific research in this area.

ЗАКОНОДАТЕЛЬНОЕ ОБЕСПЕЧЕНИЕ ЭКОЛОГИЧЕСКОГО ПЛАНИРОВАНИЯ В РОССИЙСКОЙ ФЕДЕРАЦИИ

The article discusses the legislative support of environmental planning, which has the greatest functional potential, compared with the existing institutions of regulation, examination, audit, control, etc. The essence of planning, and the need for its inclusion in the environmental-legal mechanism, is also analyzed. As a result, it is concluded that the development of environmental legislation in the future may become the basis for moving away from sectoral regulation of environmental relations to the development of an independent special regulatory inter-branch act.

Environmental Law: International Trends and National Characteristics

Environmental law is an actively developing branch of law in all countries, including Russia. Changes in the sphere of legal regulation of environmental management, protection and safety as an element of national security, like in any other branch of law, are due to the need to constantly improve the legal regulation of social relations. However, changes in the field of environmental law are particularly dynamic. This is due to, on the one hand, the continuing growth of adverse effects on the environment and, on the other hand, the development of new resource and energy-saving technologies and the need for their more active implementation in economic activities, as well as the application of effective management procedures. The article suggests directions for the development of the environmental law branch management in the Russian legal system. First, the norms of environmental law are now becoming fundamental in terms of ensuring basic human rights and freedoms, primarily, the right to life and health protection. Second, the norms of environmental law must be aimed at ensuring the well-being of future generations. Third, it is the complex intersectoral nature of environmental law and, accordingly, the breadth and diversity of sources containing the norms of environmental law. Finally, it is the global nature of environmental problems and, accordingly, the need to coordinate the efforts of the international community in matters of legal regulation of environmental protection, as well as the international exchange of experience in this area and focus on the experience of countries that have achieved the most significant results in the development of environmental legislation.

Развитие экологического законодательства в США: проблемы и перспективы

Развитие экологического законодательства в США: проблемы и перспективы

EFFECT OF ENVIRONMENTAL MONITORING ON THE ENVIRONMENTAL LEGISLATIVE PROCESS

Specialists from both the environmental protection and environmental law areas have different perceptions on the environmental legislation, due to the particularities of the regulatory and legislative acts, on one hand, and the particularities of the technical approach to the environmental quality evaluation, on the other. This study is presenting the flow of the environmental legislative process and the relationship between the environmental norms, standards and monitoring with the national, European Union (EU) and international environmental legislation. The environmental legislative flow is further completed by the contribution of legislative monitoring and legislative assessment processes, also integrating the environmental monitoring mechanisms and their particular results, turning the flow into an environmental legislative cycle. It was concluded that the environmental monitoring mechanism, used for the development of environmental legislation, is necessary to verify both its legislative effects and its intervention on further regulations.

Retrospective of legislation on the acquisition (purchase) of wild animals for the purpose of their maintenance and breeding in semi-free conditions or in captivity

The purpose of the article is to analyze and thoroughly study the special legal literature and the legal and regulatory framework for the emergence and gradual formation of legislation in the field of obtaining (purchasing) wild animals for the purpose of their maintenance and breeding in semi-free conditions or in captivity.
 The importance of the scientific article is indisputable, since the question of the formation and development of the legislative framework, through which becomes possible regulation of environmental relations in the field of acquisition (acquisition) of wild animals for the purpose of their maintenance and breeding in semi-free conditions or in captivity, is a complex historical and legal phenomenon, that has its own periodization.
 In the scientific work the author objectively and thoroughly investigates the history of the process of formation, formation and formation of environmental legislation in the field of obtaining (purchasing) wild animals for the purpose of keeping and breeding in semi-free conditions or in captivity.
 The author’s point of view is fair, according to which in Ukraine there is currently no effective system of normative legal acts, that ensure the proper regulation of the use and protection of wild animals, that are in a semi-free condition or in captivity. At the same time in order to preserve the diversity of wildlife and successfully restore their numbers it is necessary to have an effective and reliable national legal system, ecological and legal norms and regulations that would regulate the legal regime of wild animals in semi-free conditions or in captivity.
 The key point is the author’s position, that the formation of a retrospective of legislation in the field of acquisition (purchase) of wild animals for the purpose of their maintenance and breeding in semi-free conditions or in captivity should be divided into four main periods: the ancient period, medieval period, the period of the influence of tsarist Russia and the Austro-Hungarian Empire on Ukrainian lands and the period of formation and development of legislation within the Soviet Union. In the conclusions the author summarizes the analysis of the development of environmental legislation in the field of acquisition (purchase) of wild animals for the purpose of their maintenance and breeding in semi-free conditions or in captivity.

2. Canada

In Canada’s federal system, most environmental legislation is enacted by the provinces, but 2017 was a year in which many of the most significant developments in environmental legislation were at the federal level. The government of Canada is in the process of making three significant legislative changes to the current environmental law: proposed amendments to the Canadian Environmental Protection Act (SC 1999, c. 33) and the Greenhouse Gas Pollution Pricing Act, and the repeal and replacement of the Canadian Environmental Assessment Act (SC 1999, c. 33). These changes will result in environmental law that more explicitly integrates international norms, environmental rights, sustainable development, and meaningful public participation and consultation with Indigenous peoples. The Canadian Environmental Protection Act is the centrepiece of Canadian federal environmental legislation. This extensive and complex legislation addresses wide-ranging issues, including public participation (SC 1999, c. 33, ss. 11–42), information gathering (ss. 43–55), pollution prevention (ss. 56–63), controlling toxic substances (ss. 64–103), biotechnology (ss. 104–15), controlling pollution and managing wastes (ss. 116–92), emergencies (ss. 193–205), and Aboriginal land (ss. 206–15). There are two notable changes underway to the Act—a discrete change that is long overdue and a recommended overhaul of the entirety of the Act.

Development of environmental legislation in pre-revolutionary Russia (1649–1855)

The development of environmentally significant legislation in Russia is studied for the period from the Council Code (promulgated in 1649) of Tsar Aleksei Mikhailovich to 1855. We analyzed 1231 legislative acts related to environmental issues. Many features of this legislation have not lost their topicality and must be taken into account in modern legislative activity. Environmental restrictions were imposed not only on the state-owned lands but also on estates transferred into private ownership. Over the entire period considered, the state regulated the private trade in natural resources. Special attention was paid to the conservation and restoration of forests, protection of water reservoirs and their watershed lines, and animal life. The environmental laws were differentiated geographically and ethnically.

Environmental Remediation and the Legacy of Uranium Mining Waste in Portugal and Europe. Lessons to Retain

Radioactive ore mining for the production of radium and uranium in Portugal did span over most of the 20th century and ceased in 2001. It was performed mostly before the development of environmental legislation and radiation protection standards. Environmental remediation of the mining and milling sites is currently underway. Rehabilitated and non-rehabilitated sites require also radioactivity monitoring whose costs are covered by the State. The likely re start of uranium mining, in Portugal as well as elsewhere in Europe, reminds that uranium mining shall be managed under the mine “life cycle approach” in order to include decommissioning and environmental rehabilitation costs in the ore pricing.

Environmental legislation and aquatic ecotoxicology in Mexico: Past, present and future scenarios

The consolidation of environmental legislation is fundamental for governments that wish to support and promote different actions focused on reducing pollution and protecting natural water resources in order to maintain the present and future benefits that water provides for human beings and wild life. Environmental laws are essential for sustaining human activities and health, preserving biodiversity and promoting sustainable development. In this context, it is important that environmental regulations concentrate on preventing or reducing the harmful impact of pollutants on organisms and ecosystems. The introduction of toxicity bioassays in environmental regulations is a positive step toward achieving this goal. In Mexico, the development of environmental legislation and the introduction of bioassays in water regulation are part of a very recent and complex journey. This article describes how aquatic ecotoxicology tools, particularly bioassays, have influenced water pollution policies in Mexico. Three scenarios are reviewed: the background of Mexican legislation on water protection and Mexico's participation in the Watertox project; the actual efforts of SEMARNAT to develop bioassay batteries for this country; and, the challenges and perspectives of ecotoxicological bioassays as regulatory instruments.

Japanese experiences in water pollution control and wastewater treatment technologies

The history of water pollution control and environmental management in Japan is outlined. Particular attention is paid to Minamata disease and other impacts of industrial pollution, and the consequent development of environmental legislation. The growth of sewerage systems and more recently of wastewater and sludge reuse are noted, before considering the application of the concept of life cycle assessment, which is increasingly central to the minimisation of environmental impacts.

An investigation into the existence of a two-tier spot freight market for crude oil carriers

Developments in environmental legislation have exercised increased pressure on the tanker sector to improve its quality. To date, the most influential and, indisputably, the most controversial piece of legislation against oil pollution is the U.S. Oil Pollution Act that was introduced in 1990. This paper attempts an empirical examination of the effects of these developments in the spot freight market. Using a database of Worldscale fixtures over a period of four and a half years, a series of statistical tests was performed with the aim of detecting the existence of any premium paid for vessels of lower age, double hull construction, or trading to the U.S.A. The results were mixed, indicating in several cases some form of premia for US.-bound vessels, but less evidence of premia for lower age and better hull construction.

Between Two Worlds

Lynton Keith Caldwell can fairly be considered the dean of American political scientists concerned with environmental issues. He has published many books on various aspects of environmental politics and policy and has had an influential role in the development of environmental legislation in the United States. This most recent book is different from his others, however, for it presents a philosophical and personal summary of the extent of the environmental crisis he perceives to be facing the world, and what he believes is required to avoid the plight he sees as near at hand. Lynton Keith Caldwel can fairly be considered the dean of American political scientists concerned with environmental issues. He has published many books on various aspects of environmental politics and policy and has had an influential role in the development of environmental legislation in the United States. This most recent book is different from his others, however, for it presents a philosophical and personal summary of the extent of the environmental crisis he perceives to be facing the world, and what he believes is required to avoid the plight he sees as near at hand.Writing in the style of an extended essay or memoir, Caldwell takes the reader gradually through his deeply troubled analysis of how we came to the present situation. In his view, “modern society has reached a point in time and circumstance when its customary behaviors can no longer be continued. New ways of relating to the Earth have become necessary, and so the world is passing through a historical discontinuity.” He proceeds in a deceptively calm manner, avoiding inflammatory language, to present a radical view of what he believes is necessary to bring about a different world that “must be created if civilization, and perhaps humanity, are to survive.”

Aquatic toxicity testing of oil products - some recommendations

Developments in environmental legislation are creating demand for data which can be to classify oil products on the basis of the potential hazard they present to the aquatic environment. Current test method guidelines for determining the toxicity of substances to aquatic organisms are not generally applicable to oil products. Data which can be used for classifying oil products will, we believe, follow from preparing specific test media and from modifying testing procedures

Face to Face

In this month's “Face to Face,” US Senator Slade Gorton from the state of Washington discusses the role of AWWA and other nonprofit professional associations in the federal lawmaking process. Gorton is presently chairman of the Subcommittee on Toxic Substances and Environmental Oversight. Topics discussed include: development of environmental legislation; reliable sources of technical information for Congress; effective methods constituents can use to impact members of Congress; and methods for tax‐exempt organizations to assist Congress in developing sound, workable legislation. Gorton suggests that such organizations create the impression among members of Congress that they know what they are talking about and be backed by sound facts and experience.