Environmental Law System Research Articles

Natural Resource Management Principles and the Role of Law in Realizing Good Development Governance

The impact is that development will result in environmental destruction or pollution of the environment; it can be understood that, in fact, development is a disturbance or problematic natural and environmental balance. The research aims to discover the principles of natural resource management and the role of law in realizing good development governance. This paper used research with normative-empirical legal methods by looking at what happens in cases or facts that exist in the principles of natural resource management and the role of law in realizing good development governance. In essence, development in its implementation must be balanced with using natural resources that can impact the environment. Natural resources can have an impact on the environment itself in the prevention of damage to reduce the level of environmental damage. Prevention of damage To reduce environmental damage, it is necessary to implement development that pays attention to protection and environmental management. There must be support and publicity for the environmental law system. The first is the need for ease of natural resource management (stakeholders) to be fair to the community, and the second is the need for ease of natural resource management (stakeholders). To be fair to the community, secondly, there is a need for legal relaxation through a structure to weaken criminalization by criminalization actions using an early filtering system and increase the independence of the law guardians' profession through the prioritization of the ultimum remedium principle, and then the third is to continue to see a law-aware society, especially stakeholders in the sustainable use of natural resources remain sovereign for food and energy independence and continue to grow.

COMPARING ENVIRONMENTAL LAW SYSTEMS

AbstractThis article revisits the overlooked field of comparative environmental law. It examines contributions to this field from the late 1960s to 2022, highlighting the methodologies proposed, their shortcomings, the main aspects and angles taken by the literature, and the curious lack of engagement by experts in comparative law proper with environmental law systems. On the basis of a structured examination of the literature, the article extracts four main aims or purposes that may guide this line of research: (i) clarifying the initial system by contrasting it with a foreign system; (ii) using the basic conceptual features of a known system to analyse and understand a foreign unknown system; (iii) evaluating and fine-tuning a system or an aspect thereof; and (iv) extracting analytical categories that can serve to map the entire field or areas of it.

Legal Ideals Pancasila in the Development of a National Environmental Legal System

The discussion of legal ideals Pancasila in Indonesia has become a prolonged discourse and may not be final. This is motivated by the dynamics and problems of the nation and state in various sectors of life, one of which is the environmental sector. This paper aims to examine the potential for developing legal ideals in the national environmental law system. The research method used is normative legal research. The results of the study show that in its implementation the legal ideals of Pancasila are still not running as they should in the environmental sector in Indonesia. This is because there are deviations in values ​​in the preparation of legal policies and action agendas. In the development of a national environmental law system, legal ideals cannot be seen and read explicitly, but must continue to be explored and interpreted in every Pancasila value. The ideals of Pancasila law contain environmental values such as ecological, ecoreligious, ecosocial, and ecocracy values. The legal ideals of Pancasila are positioned and functioned as a way of life, guiding norms, and critical norms in the legal agenda in the environmental sector

The role and importance of environmental education in the system of environmental law and order

The role and importance of environmental education in the system of environmental law and order

The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business

Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.

EMPHASISING THE ROLE OF ENVIRONMENTAL LAW IN POLLUTION CONTROL TOWARD PUBLIC HEALTH PROTECTIONS

The Coronavirus pandemic (COVID-19) which has globally impacted the social ecosystem is a combination of public health and environmental crises. Amidst the challenges faced in dealing with the consequences of the crises, the pandemic has unintendedly revealed the significance of the current environmental law system to protect human health from pollution. The pandemic has also heightened the realisation that environmental threats are driven by human activities. Consequently, COVID-19 has underscored the need of securing safe and clean surroundings and has emphasised the importance of having measures to protect human health. For Malaysia, strategies aiming at environmental protection could be found within the provisions of the Environmental Quality Act 1974 (EQA). Using the library-based research methodology on primary and secondary sources of law, this paper seeks to examine the scope of the EQA on public health protection and pollution control. Against the backdrop of sustainability, the research concludes that the interlinkages of environmental conservation and public health protection mean that the EQA is the most relevant law to attain these two interrelated objectives. It is submitted that COVID-19 has re-emphasised the importance of environmental law within the realm of health protection, which is in turn essential for the sustainable development agenda.

Codification and Prospect of China's Codification of Environmental Law from the Perspective of Global Environmental Governance.

Global environmental governance is the fundamental way to solve the human environmental crisis. With China as the world’s largest emitter of greenhouse gases, the development of China’s environmental law is a key component of global environmental governance. In order to better realize the construction of an ecological civilization, the compilation of China’s Environmental Code has been officially put on the work schedule of the legislature. The compilation of the code is a sincere action, showing that China has taken the initiative to assume its own responsibility for environmental governance. In the past 50 years, China’s environmental legislation has achieved a great leap forward: from nothing to something, from something to something more comprehensive. Aside from this progress, defects such as the internal imbalance of the environmental law system, the backwardness of some environmental legislation ideas, and the inability of environmental legislation and its academic research to fully match China’s national conditions also exist. With the helping hands of conditions and times, it is most appropriate for China to start the compilation of the Environmental Code now. Environmental Codes such as the Swedish Environmental Code, the French Environmental Code and the German Environmental Code (Draft of the Committee of Experts) provide many empirical references for the compilation of China’s Environmental Code. China will make important an contribution to world environmental governance again—an Environmental Code in line with international standards while maintaining native characteristics.

Ukrainian Reform of Decentralization Processes Consolidating the Sustainable Development: Environmental and Legal Aspects

The strategic vision of sustainable development for Ukraine is based on ensuring national interests and accomplishing international commitments proceeding to sustainable development. Sustainable development involves decentralization and implementation of regional policy, which is based on a harmonious combination of national and regional interests regarding ecology. This article aims to identify and analyze environmental and legal components of the decentralization of power in Ukraine as a means to sustainable development provisions. The main focus of ecological decentralization is placed on land resources. This is due to the peculiarities of the national system of environmental law (natural resource and environmental regulations) of Ukraine. The article highlights the main and additional areas of environmental decentralization. It analyzes the legislation and the practice of its implementation in the sphere of natural resources reallocation, territorial communities’ demarcation, and their planning process. The roles of cadasters, registers, and electronic databases in maintaining natural resources for the successful decentralization of power are analyzed. The legal perspectives for the decentralization of environmental control are also outlined. The status of financial and ecological resources redistribution in the process of decentralization is highlighted along with the ways of its subsequent improvement. The conclusion suggests the ways for the improvement of legislation and the practice of its implementation to accomplish successful decentralization reform.

Double-Faceted Environmental Civil Liability and the Separate-Regulatory Paradigm: An Inspiration for China

The recognition of the intrinsic value of the environment and natural resources contributed to the establishment of liability for damage to the environment per se, which, coupled with the traditional environmental tort liability, constitute the double facets of environmental civil liability. Although the two facets share some common characteristics, their distinct focuses indicate that they cannot be fully covered by tort law or environmental law systems alone. As a result, an international trend toward the regulatory approach to environmental civil liability, which is referred to in this article as the “separate-regulatory paradigm”, is emerging. In such a pattern, as followed by the United States (US) and the European Union (EU), environmental tort liability and liability for environmental damage are mainly regulated by tort law and environmental statutes, respectively. However, China, relying substantially on its civil law system to address liability for environmental harm, seems to deviate from this paradigm. This article analyzes the significance of the separate-regulatory paradigm and argues that it has profound implications for China. This article suggests a separate statutory liability scheme that moves beyond the existing Chinese civil law framework to achieve the full recovery of environmental damage.

The effect of the revision and implementation for environmental protection law on ambient air quality in China

An unescapable fact is that air pollution has been a problem affecting residents’ health and daily life. The Chinese government has been adopting measures to improve air quality for decades. The revise of Environmental Protection Law (the New Law hereafter) enforced in 2015 is one of them. The New Law encourages participations of multiple actors in environmental protection and aggressive punishments violations, playing the central role in the Chinese environmental law system. In order to understand its impacts, we employ the panel data analysis controlling city and month fixed terms to evaluate the effects of the New Law on air quality in 70 cities in China. Furthermore, we combine difference-in-differences (DID) to investigate the time variance of the effect. We find that the implementation of the New Law correlates with reduction of PM2.5, SO2 concentrations and Air Quality Comprehensive Index (AQCI). The effect is non-linear, reducing over time, especially on NO2 concentration and AQCI. In our model, one document reduces NO2 concentration and AQCI by 1.99 μg/m3 and 0.26 points, and the effects decay by 0.93 μg/m3 and 0.16 every year separately. The results indicate the effectiveness of the New Law, while at the same time, China experiences symbolic implementations from local authorizations resulted from environmental decentralization, ambiguous policy statements and interest conflicts.

PEMANTAPAN DIMENSI ETIKA DAN ASAS SEBAGAI PENGUATAN SISTEM HUKUM LINGKUNGAN DI INDONESIA

Humans as social beings who use the environment make the law an instrument of regulation and protection. Laws relating to the environment itself systemically provide both general and specific regulation. However, environmental law instruments still require further development through strengthening of the ethical dimension. Ethics as one of the norms that can be codified and processed through the judiciary can strengthen the implementation of environmental law. The study was conducted by means of a literature study and analysis in order to find ethical positions and opportunities in the environmental law system. The Job Creation Act which directly changes the politics of environmental law certainly presents its own challenges. This development requires encouragement from other systems, one of which is ethics by presenting a positive ethical system as a law of ethics, both code of ethics and court of ethics. ethical law system that specifically regulates environmental law then requires general principles so that the ethical law instrument can take shape and be applied properly. There are several general principles of environmental law ethics, including the principle of clarity of purpose, the principle of independence, the principle of justice, the principle of certainty, the principle of benefit, the principle of balance, the principle of openness and the principle of protection. The challenge of implementing the general principles of environmental law ethics is in both substantial and formal dimensions that can be encouraged by the holders of power as constitutional mandates in the context of realizing the ideals of the state through the implementation of the mandate of the MPR Decree VI/MPR/2001 concerning the Ethics of the Nation's Life.

Responding to Climate Change and the Role of Environmental law

Climate change has been putting humankind at risk with a host of challenges regarding the aspects of environment and development. More specifically, it requires excessive effort from all countries, in which recognizing the importance of environmental law system plays an indispensable role. Therefore, in this article, the role of environmental law in tackling climate change will be analyzed and, based on the provided analysis, solutions on building and improving the environmental law for more efficient implementation will be laid out to lessen the adverse effects of climate change.

Framing Feminization of Agriculture: From Gender-environment Theories to International Environmental Law

Since 70s the debate about women and environment has registered a considerable change in the perception of the role played by women and different conceptual and methodological approaches developed to deal with the women ­– gender – environment interrelationship and to compare the feminist standpoint with the androcentric culture that makes male (andros) at the center of the economic, socio-cultural and political life. This paper, which focuses on the feminization of agriculture phenomenon, i.e. women’s increasing work and responsibilities in agriculture, explores its meaning in terms of women’s empowerment and examines the contribution of feminist strands of thought (such as ecofeminism – women and environment – gender, environment and sustainable development) in fostering the gender paradigm in environmental concerns, plans for agricultural and rural development. The author aims at verifying whether the international environmental law system has integrated the ability of feminist perspectives to position women’s rights and conditions at the core of environmental issues by (en)-gendering some changes and criticizing the power and distribution of resources that have consistently been associated with masculinity.

From the History of the State Regulation of Public Relations in the Forest Sector in the Irkutsk Province at the Turn of the 19th-20th Centuries

Based on the analysis of the content and application of the law of the Russian Empire of the second half of the XIX — early XX centuries, regulating public relations in the forest sphere, the operating features of one of the most important institutions of nature management in the Irkutsk province, such as legal responsibility for violations of forest legislation, are considered. The foundation of this institution is an important manifestation of the formation of the environmental law system in the region. The conclusion about the general positive results of the spread of the all-Russian legislation to the territory of the Baikal region during this period is made. The regional features of the institution of legal responsibility for violations in the field of forest law are stated with the priority of its compensatory and regulatory functions. The increasing role of forestry departments as structures that carry out prosecution (in comparison with the judicial system), as well as the practice of administrative procedure for resolving cases of violations and imposing monetary penalties on violators, is emphasized.

Понятие и место права рационального природопользования в системе экологического права

It was revealed that rational use of natural resources can be considered both as one of the goals and as a principle of natural resource branches of law, and the right of rational use of natural resources — as a system of legal norms within the relevant branches of law, containing such a goal and (or) principle and implementing them. The concept of the law of rational use of natural resources in the objective sense is formulated. The classification of positions on the use of environmental, environmental and natural resource law is carried out, depending on which system of environmental legal norms is a broader or narrower formation, which of them is completely or partially absorbed by the other. The proposed classification allows us to show the influence of such approaches on the hierarchy of associations of environmental and legal norms (different names of the same subdivisions, their unequal composition, structure, etc.). The place of the law of rational use of natural resources in the system of environmental law has been determined. It is a larger legal entity than an institution, but it is not formed into a sub-sector either. The law of rational use of natural resources refers to the constituent norms of environmental law, which are modified and disclosed in legal institutions of both environmental law and individual natural resource branches of law.

The Legal System and Legal Issues of Marine Environmental Governance in the Age of Big Data

Wang, J., 2020. The legal system and legal issues of marine environmental governance in the age of big data. In: Guido Aldana, P.A. and Kantamaneni, K. (eds.), Advances in Water Resources, Coastal Management, and Marine Science Technology. Journal of Coastal Research, Special Issue No. 104, pp. 313–316. Coconut Creek (Florida), ISSN 0749-0208.China's marine environmental laws and regulations have mainly shown the characteristics of high principle and low rules for a long period of time, thus causing them not to play their full role in dealing with environmental problems. The application of relevant information under big data is of great significance for the active completion of the country's environmental governance objectives, and also helps to establish and improve the system of national and local interactive and cooperative environmental laws and regulations, realize the basic concepts and basic principles of environmental law rule design, at the same time, in the construction and improvement of the basic system of environmental law plays an important role. In the era of big data, the model of Chinese environmental law research sample method is in a co-existence state. In addition, the main reason for the successful application of big data in the study of environmental law in China is that many scholars in China have a clear understanding of the research on the relevance of big data and environmental law in China, and have clear principles and basic requirements for the application of big data programs in the study of environmental law in China.

PEMBANGUNAN BERKELANJUTAN MENJADI DASAR TERINTEGRASI DALAM PEMBANGUNAN SUATU WILAYAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

The environment on earth as regulated in Law No. 32 of 2009concerning Environmental Protection and Management, thatenvironmental management consists of the natural environment inaccordance with the understanding of ecosystem life and socialenvironment that is illustrated by the existence of human groups both insociety and in families and refers to the understanding of humanity(humanism), so that includes understanding about between nations,interregion and the built environment (originally thought to be man-made;man-made environment).Development needs to pay attention to environmental conditionsthat exist from the physical side (soil, water, air), biotics (flora, fauna),and culture (culture, interactions between people). Environmental qualityconditions will tend to continue to decline if not balanced with the conceptof sustainable development planning in an effort to preserve the existingenvironmental functions.The implementation of environmentally sound development and thecontrolled use of natural resources wisely is the main objective ofenvironmental management. Sustainable development is very closelyrelated to environmental management programs and policies.The nature of environmental law enforcement in sustainabledevelopment covers all environmental law systems with the aim ofprotecting and properly managing the environment and is an activity toimplement and apply just environmental laws and take legal actionagainst any violations or deviations of law committed by legal subjectseither through judicial procedures or through non-judicial procedures.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions that have beenestablished by the State.

Revisiting the concept of a recreational zone

The article analyses various scientists’ points of view, as well as the legislation of Russia, Kazakhstan and Belarus, which regulates the legal status of recreational areas. The aim of the research work is the study of the effectiveness of environmental legislation in terms of the grounds for the emergence and registration of the right of recreational natural resources management, the analysis of legislation on recreational nature management and the identification of the peculiarities of this legal phenomenon, the development of recommendations and proposals aimed at improving environmental law. The method logical basis of the study is the modern doctrine of the interaction of economics and the environment, constitutional provisions in the field of nature management and environmental protection. In the work, general scientific methods were used: comparative legal, logical, systemic and historical methods. The novelty of the article lies in the fact that a definition of the right of recreational nature management is given and its classification is developed, a system of principles of the right of recreational nature management is developed, the place of norms on recreational nature management in the system of environmental law of the Republic of Kazakhstan is determined, the state-legal mechanism in the field of recreational nature management is studied, and also the ways to improve it were proposed, a comparative analysis of the legislation of the countries of the near abroad in the field of creation nature management is made. As a result, the author argues the conclusion that there is a need to regulate the use of existing terms. In this regard, a recreational zone should be understood as a part of the natural environment (natural habitat) or human environment (artificial environment), intended for recreation, restoration of the population’s forces.

Study on environmental legal systems of different regions in China and impact on energetic cooperation

Based on the present situation of China’s environmental law system under the rapid economic development, this paper expounds the significance of regional environmental law research. Through the comparison of regional environment and legal system between China and the United States, this paper analyzes the impact of domestic environmental legal system on energy cooperation under the background of Belt and Road Initiative.

Exploration on the perfection of regional environmental legal system and revelation on energy collaboration

This article takes the law economics angle as the starting point, puts forward the suggestion for the improvement of the regional environmental law system. Some suggestions are put forward, such as reforming the punishment mechanism from the angle of law and economy, improving the national awareness of environmental protection and promoting the internationalization of the mechanism of environmental protection. To promote the energy cooperation under the background of Belt and Road Initiative, in view of its great importance to China, by perfecting the environmental legal system and constructing the green energy system to protect the green energy system.