Principles Of Environmental Policy Research Articles

THE PRINCIPLE OF IN DUBIO PRO NATURA IN THE CONTEXT OF ENVIRONMENT ADMINISTRATIVE DISPUTE: ITS CONCEPT AND IMPLEMENTATION

Besides the general principles of good governance (AAUPB) as a measuring instrument for adjudicating cases in the context of environmental administration disputes, there is also In Dubio Pro Natura principle. This study aims to describe the concept and the implementation of In Dubio Pro Natura principle as one of the particular principles known in environmental disputes. To analyze these legal issues, this study will explain the definition and scope of In Dubio Pro Natura principle and how it is applied in the environmental administration case process. This study is important considering that the largest part of environmental law is administrative law so that the Administrative Court plays a major role in the environmental law enforcement process. A complete understanding of the concept of In Dubio Pro Natura principle can influence the process of environmental administration law enforcement by the Administrative Court. The result of this study concludes that In Dubio Pro Natura principle is understood as a concept as well as a guide for judges in examining, deciding, and resolving environmental disputes. If there are judge's doubts whether in scientific uncertainty or legal uncertainty, then judges must side with the interests of the environment (pro natura). This principle also aims to maximize the existence of scientific evidence and competent environmentalists at the proof stage and make a legal invention by applying the principles of environmental policy.

State policy for the development of rural areas in conditions of limited natural resources (on the example of Japan)

It is shown that agriculture is sometimes not the main branch of the rural economy. It is emphasized that ensuring control over the impact of agricultural production on the environment is the responsibility of the state. It is revealed that in view of the rapid development and change of international relations, the definition of “food security” as the independence of the state solely through its own production is no longer relevant, today it depends more on the foreign and domestic policy of the country, as well as the importance of its opinion for other countries. It is noted that despite membership in the World Trade Organization, Japan has formed and implemented a policy of comprehensive support for its own producers and encourages the diversification of economic activities in rural areas. Legislatively approved principles of environmental policy of agriculture, forestry and fisheries are strictly controlled and are binding on all business entities. It is emphasized that Japan does not approve of the practice of renting agricultural land in other countries and makes maximum use of its own natural resources. The ways in which Japan provides support and assistance to developing countries to improve the condition of rural areas and agriculture were analyzed, and it was noted that the amount of this assistance is more than 21 % of total assistance. It is shown that in order to preserve agricultural lands, Japan creates artificial territories (islands and coastline extensions), on which large buildings and airports are built. The careful quality control of food introduced by the Government of Japan is noted. The flexible state policy of Japan on the redistribution of resources, which prevents the creation of critical situations in the provision of food to the population, is analyzed. Japan promotes the accelerated construction of vertical farms, which have no analogues in the world in the degree of environmental friendliness. It is shown how powerful Japanese companies - manufacturers of electronics on a global level are willing to expand their scope of activities by growing ultra-pure fruits and vegetables. The need for further research on the policy of rural development and agriculture of the State of Israel was emphasized.

Modern aspects of the formation and implementation of environmental policy in an urban conditions

The article tells about the current environmental components of a modern urban system. It describes the features of environmental policy and investigates the methodological foundations of its formation and implementation. The paper highlights the main methodological principles of environmental policy and reveals their content and the possibility of using in management tools of the environmental policy in the urban conditions. Particular attention is paid to the study of tourism development in the context of ecologization of the city’s economy. The article also reveals the essence of the concept of “ecologization of tourist activity” and describes the directions of its implementation with the emphasis on the managerial aspect. It shows the necessity of developing plans and programs for the ecologization of tourism based on the analysis of the mutual influence of the functioning of the tourism sector and the environment.

Man-Made Hazards Environmental Management in the Sakha Republic (Yakutia)

It is shown that the technological safety ensuring is in demand in the modern world, the person and society interests protection is impossible without the environment preservation. The safety problem of socio-natural-technogenic systems is relevant in the territory of the Republic of Sakha (Yakutia). The technological hazards specificity of the region’s territory is determined by the extreme climate characteristics. Probable man-made hazards on the republic territory are shown and the main indicators of water pollution are given. Common technogenic dangerous objects on the Republic territory are established: production associated with the extraction, transportation, oil and petroleum products storage and tailing dumps. Social components determined by the traditional environmental management violation and the way of indigenous peoples’ life are not sufficiently taken into account in the damages assessment. The basic principles of environmental policy are given.

ENVIRONMENTAL EDUCATION INSTITUTIONS AS A NEW TYPOLOGICAL OBJECT OF SUSTAINABLE ARCHITECTURE

The experience of many developed countries (Canada, Japan, Sweden and others) testifies to the need and opportunity to improve the environment based on the principles of environmental policy of each country. This requires a high level of environmental culture of the population and active public participation in nature conservation activities. Sustainable or sustainable development is a new principle of human cohabitation: the next generations must have the resources that are adequate to the existing ones. The concept of sustainable development emerged as a result of the integration of three main points of view: economic, social and environmental. Coordination of these approaches is a daunting task as the elements of sustainable or sustainable development must be balanced. A large group of sustainability issues is related to urban ecology. These include, first of all, the interaction of settlements with the environment. The main factor is the environmental safety of the living environment. Architectural ecology should study not only individual architectural objects, but also the architectural environment as a whole. This requires appropriate specialized areas, spaces and premises, that is, new architectural and urban development objects. Facilities such as complexes should include the landscaping of surrounding areas, open and covered landscaped areas, appropriately equipped special spaces, and educational buildings with classrooms, classrooms, laboratories, and the like. The new complex architectural and town-planning object (extracurricular institution of ecological education) should become part of the modern typology of buildings and structures. An example of a country where the concept of "environmental education" has acquired a much broader quality than obtaining a certificate or diploma is the United States. There is a so-called Odum School of Ecology at the University of Georgia. The mission of this school of ecology can be considered in particular the education of future generations of ecologists, cooperation with other departments of the university, promotion of environmental literacy of students and the public, interdisciplinary studies of the environment

Developing the Cost-Estimation Technique When Switching to Best Available Power Technologies

The Federal Law of July 21, 2014, no. 219-FZ “On Amendments to the Federal Law ‘On Environmental Protection’ and individual legislative acts of the Russian Federation” established new principles of environmental policy providing for a substantial reduction of the negative anthropogenic impact on the environment. For this purpose, objects of Category I have been identified that have a significant negative impact on the environment and are related to the areas of best available technologies (BATs). For the methodological support of switching heat and power enterprises to BATs, a BAT reference document (BREF) 38-2017 “Combustion of Fuel in Large Plants for the Purpose of Energy Production” has been approved. Its task is to determine a list of marker pollutants, technological indicators of pollutant emissions, and best available technologies recommended for introduction at thermal power plants (TPPs) in order to reduce harmful emissions into the atmosphere. The article is devoted to the cost estimation when switching to best available technologies—one of the most acute issues of the power industry. The article presents the main provisions of the methodology for estimating capital and operating costs in switching thermal power plants to BATs, which were developed during joint research of the EIPC and MPEI. The approach proposed in the framework of the developed methodology can significantly reduce the amount of information analyzed and ensure the high reliability of estimates at the same time. The volume of representative samples necessary for a correct cost estimation of implementing measures to reduce power plants' harmful emissions at facilities that fail to meet the BAT requirements is calculated. The range of total costs for the implementation of environmental-protection measures at existing power facilities that do not comply with the BAT principles in the wider heat and power industry has been determined.

Optimal Choice of the Best Available Technologies for Russian Thermal Power Plants

Federal Law no. 219-FZ of July 21, 2014, “On Amendments to the Federal Law ‘On Environmental Protection’ and certain Acts of the Russian Federation” establishes new principles of environmental policy aimed at significantly reducing the negative anthropogenic environmental impact. Currently, efforts are underway to change over to a system for technological regulation of negative environmental impacts using the best available technologies (BAT). For this purpose, industry-specific technical reference regulations (TRR) on BATs have been developed, the purposes of which are to determine a list of marker (polluting) substances, technological indicators of their emissions, and a BAT list recommended for implementation. In this case, the values of technological parameters for marker substances are determined for various types of fuels depending on the year of the boiler plant commissioning and its capacity. To reduce the emission of TPP marker (polluting) substances, regulation ITS 38-2017 recommends to introduce one or several different practically tested BATs, the total amount of which is pretty large, and their introduction on existing equipment is determined by such factors as fuel type, equipment capacity, required degree of hazardous emission reduction, design features of a boiler plant, etc. When introducing BATs at existing thermal power plants, a real problem arises of choosing efficient air-protection measures with allowance for various interrelated factors, performance characteristics, and specific design and operational parameters of the operating equipment. In this regard, the purpose of this work is to develop an algorithm for the optimal choice of BATs with allowance for a particular TPP. As a result, the algorithm should form a list of BATs recommended for implementation at a particular power unit based on the corresponding initial parameters and select a technology from those proposed by a certain regulation. The developed algorithm will allow environmental and technical services to take into account the variety of factors influencing the choice of BATs as well as to reduce decision-making time, reduce the cost, and improve the efficiency of air-protection measures subject to introduction.

The Politics of Environment in Ethiopia: The Policies and Practices Appraisal Since 1991

This article analyzes the Ethiopian environmental policy and practices since 1991. This paper employs a set of principles and frameworks that Weimer &Vining developed as grand principles of environmental policy and practices. The review is an attempt to analyze the international environmental engagements of Ethiopia vis-a-vis the domestic environmental policy practices. To properly address the issue, qualitative research approach and content analysis design are employed. The review consulted a multiple of secondary sources from different institutions and organizations. From the bulk of literature and policy documents, Ethiopia is an internationally visible country on environmental campaigns more than countries with better domestic achievements on the environmental protection. Unlike the international political leadership for green economy and environmental protection, the country’s domestic performances are not fully translated due to policy gaps, institutional dissonance and lack of political will and commitment. Hence, the environmental issues of Ethiopia serve the political agenda than the genuine environmental concern. The research implies the following areas of intervention. Namely, (1) the government needs to work on revising policy documents that correct environmental policy inconsistency. (2) It should also enhance the capacity, efficiency and institutional harmony of environmental protection agencies to realize the environmental goals of the country. (3) The government should give a political will and commitment to the domestic environmental issues like its international commitment and visibility.

Regulatory and Methodical Support of the Transition to the BATs in Heat Power Engineering

Federal Law no. 219-FZ of July 21, 2014, “On the Amendments to the Federal Law On Environmental Protection and Certain Legislative Acts” of the Russian Federation established new principles of environmental policy aimed at significantly reducing the negative anthropogenic impact on the environment. Currently, active work is under way to harmonize the Russian environmental legislation with regard to the transition to a system of technological regulation of impacts using the best available technologies (BATs). A national regulatory system based on BATs can be developed only through the implementation of integrated measures that are adopted and regulated at different levels (from decisions of the government of the Russian Federation to normative documents). For this purpose, more than 50 sectoral information and technical reference books on BATs have been developed that include descriptions of BATs for particular types of activities and their technological indicators. Starting on January 1, 2019, an integrated environmental permit will be introduced for enterprises with the greatest negative impact on the environment (category I enterprises). In addition, these enterprises will have to implement automatic systems for continuous control and metering of contaminants emissions (ASCCMCEs) into the atmosphere. Therefore, the development and adoption of the preliminary national standard of the Russian Federation PNS 187–2017, which is to come into force on January 1, 2018, will significantly accelerate and facilitate the implementation of ASCCMCEs of thermal power plants (TPPs) in accordance with Federal Law no. 219-FZ. The main goal of implementing ASCCMCEs on TPPs is to consistently reduce the negative impact of thermal power plants on the environment.

Health-related external cost assessment in Europe: methodological developments from ExternE to the 2013 Clean Air Policy Package.

"Getting the prices right" through internalizing external costs is a guiding principle of environmental policy making, one recent example being the EU Clean Air Policy Package released at the end of 2013. It is supported by impact assessments, including monetary valuation of environmental and health damages. For over 20 years, related methodologies have been developed in Europe in the Externalities of Energy (ExternE) project series and follow-up activities. In this study, we aim at analyzing the main methodological developments over time from the 1990s until today with a focus on classical air pollution-induced human health damage costs. An up-to-date assessment including the latest European recommendations is also applied. Using a case from the energy sector, we identify major influencing parameters: differences in exposure modeling and related data lead to variations in damage costs of up to 21%; concerning risk assessment and monetary valuation, differences in assessing long-term exposure mortality risks together with assumptions on particle toxicity explain most of the observed changes in damage costs. These still debated influencing parameters deserve particular attention when damage costs are used to support environmental policy making.

Waste Production as One of the Problems of Postmodern Society

The principle of sustainable development is based on the three pillars of sustainability; on the alignment of economic, environmental and social aspects of every development programme. Sustainable development as a guiding principle of environmental policy is reflected in sectoral policies (energy, transportation, agricultural, industrial). One of its criteria is the minimizing of waste generation, the promotion of economic advantages of environmentally-friendly procedures and improving natural and human capital. The largest corporate producers of waste in the Czech Republic are construction and manufacturing industries and activities related to wastewater management and sanitation activities.. Production of municipal waste is increasing. Its disposal via incineration is decreasing, and we have seen an increase in landfill disposal. Information, public education, upbringing and training are also amongst the resources of the environmental policy. This paper analyses the development of relevant waste management indicators in the Czech Republic. The research was carried out via a questionnaire survey of randomly selected households in the regions of the Czech Republic. Research has shown that only the consistent application of the legislation in manufacturing operations and active interest of citizens in environmental quality will lead to the sustainable development of the entire society

Organizational and legal issues of ensuring the implementation of public and production environmental policy in the field of waste management

The article deals with the basic principles of environmental policy in the field of waste management; it is analyzed the correlation of legal acts, qualitative and quantitative indices of waste management policy. It is proposed the propositions for unification and differentiation of directions of environmental policy in this area. It is distinguished levels of environmental policy and the basic differences between them. It is characterized the features of the state, public and industrial environmental policy as a form of policy on waste management.

International Oil and Gas Environmental Legal Framework and the Precautionary Principle: The Implications for the Niger Delta

The precautionary principle originated as an environmental principle and has developed over the years as a widely and increasingly accepted general principle of environmental policy, law and management. While it is an increasingly important and acceptable principle of law and policy, especially in the area of new processes or products, usually the result of technological development, the precautionary principle has yet to be focused on in oil and gas exploration and production in Nigeria. This article examines the precautionary principle and international upstream oil and gas environmental laws and the implication for better environmental protection in the Niger Delta region (NDR) in the specific field of upstream oil and gas development activities. The purpose of this article is to answer the following questions: what is the value of the precautionary principle to oil and gas exploration and production in the NDR? What are the uncertainties associated with upstream oil and gas development activities? How is the precautionary principle relevant to upstream oil and gas development activities in the NDR? Can the international oil and gas environmental laws offer better

History and Development of the Polluter Pays Principle

This work traces the history of the polluter pays principle (the PPP) in the early economic literature from 1920s. The OECD recommended the PPP as the ‘Guiding Principle Concerning the International Economic Aspects of Environmental Policies’ in 1972. In 1973 the Council of the European Communities approved the First Program of Action on the Environment and the PPP was made one of the principles of the Community environmental policy. The PPP has been mentioned as one of the principles in many regional and international conventions. Thus, the polluter pays principle is one of the most efficient principles of environmental policies.

Ecosystem services and environmental decision making: Seeking order in complexity

The Ecosystem Service Paradigm (EsSP) is increasingly a component or even an underlying principle of environmental policy, legislation and management internationally. The EsSP can be used to define links between human activities and ecosystems, and ecosystems and the services that in turn support and sustain those and other activities; this information can then be used to evaluate, justify or optimize decisions. However, how EsS within various practical applications and frameworks are applied, defined, quantified, modelled, valued and communicated ranges widely, potentially hindering their roles as cross-sectoral tools. For this paradigm to be useful for cross-disciplinary integration, it is important that practitioners in different fields are clear about what is meant and assumed when terms are used, and within what context assessments are being carried out. The logic behind practical applications of the EsSP can be explained by the EsS Decision Cascade, a three-part, iterative conceptual framework. Within the decision cascade, Ecosystem Service Decision Analysis (EsSD) defines the proposed policies or actions (scenarios), and the changes/pressures under consideration in different scenarios. Within the context laid out by EsSD, Ecosystem Service Assessment (EsSA) will then evaluate how such changes affect biophysical structure, and thus ecosystem function and services; Ecosystem Service Valuation (EsSV) then takes the results from these analyses and generates valuations to inform decisions; linking back to EsSD. EsS-based evaluations can expand the current risk-focused thinking behind ecological risk assessment (ERA) to consider trade-offs between a range of desirable and undesirable responses of a variety of ecosystem endpoints; such an assessment can be termed an Ecosystem Response Assessment (EcoResA), or if applied in a spatially explicit manner, an Ecosystem Regional Assessment (EcoRegA); understanding of such trade-offs is essential to inform decisions about more sustainable remediation, regulation and management of landscapes and resources. This paper describes "taxonomies" of various aspects of EsSP applications, based upon their decision context, perspective and assessment approach. It then examines, with a focus on European issues, a range of current and emerging regulatory and management applications to which the EsSP can be applied in light of this taxonomy.

A new version of Edgeworth's taxation paradox

Edgeworth’s taxation paradox states that a unit tax can decrease the market price of a good. This paper presents a new version of the paradox in which a tax reduces price — and increases industry output — because it attracts additional entry into the market. It is particularly striking that the demand conditions under which cost pass-through exceeds 100% for a …xed number of …rms are also those for which passthrough can turn negative with endogenous entry. A novel application to the environment shows that a Pigouvian emissions tax can lead to an increase in industry emissions. A basic principle of environmental policy therefore fails under the conditions of the paradox.

Principles of environmental policy in the law of the European Union

The wide range of directives and regulations of the European Union on the protection of environment is based on several principles, traditionally divided into two groups: the principles of environmental policy and the principles of implementation of measures aiming to protect the environment. The former are the principles of sustainable development and high protection of the environment, while the latter the principle of subsidiarity and proportionality, principle of environmental integration, precautionary principle, principle of prevention, the principle of rectification of environmental damage at its source and the 'polluter pays' principle. In this paper the subject of analysis are only the principles of environmental policy. The content of the notion of sustainable development is not outlined in the primary and secondary sources of EU law, but in political acts of international and community origin. It is defined as development that meets the needs of present generations without compromising the ability of future generations to meet their own needs. The basic problem in the interpretation of this concept is to indentify standards based on which given activities may be considered as development compromising the ability of future generations to meet their needs and to project such potential needs. The principle of high level of protection of the environment is not easier to interpret either. The elements of its content that seems to be undisputed and generally recognized is that it should not to be interpreted as the highest possible level of protection, on the one hand, and that it should be determined according to standards adopted by countries that have more developed environmental protection, preferably, but not necessarily members of the European Union, on the other. The greatest insufficiency of both principles, which virtually compromises their legal nature and hence hinders implementation of direct legal sanctions, is that they, besides ecological, comprise economic and social considerations as well. The author approves the standpoint adopted in literature that by elimination of economic and social considerations from notions of sustainable development and high level protection of the environment, or at least by a decrease in their importance, and a strengthening of ecological considerations, these principle might become legal rules with direct legal sanctions, i.e. the Court of Justice might annul directives and regulations not in compliance with them.

Cost recovery in the water supply and sanitation sector: A case of competing policy objectives?

According to Article 9 of the European Water Framework Directive, water-pricing policies have to provide adequate incentives for users to use water resources efficiently by 2010. In this paper, we investigate some of the conflicts that may arise when introducing the polluter pays principle for the recovery of costs of water supply and sanitation services. We argue that conceptually, there are no a priori reasons to question the co-existence of the polluter pays principle with other principles of environmental policy, although the latter do influence its practical implementation. There also seem to be no major formal conflicts with the rules that govern services of economic interest. This, however, does not mean that it is easy to implement the polluter pays principle in the water sector. Rather, it is a consequence of the fact that the Water Framework Directive does not reflect a strong commitment to a very stringent implementation of the principle that the polluter should pay. This does not imply that the ideas that lie behind the polluter pays principle should therefore be abandoned, but the neoclassical motive of cost-efficiency might not be the main argument to recommend its use in the context of water supply and sanitation services.

Philosophical Principles of Environmental Policy and Environmental Policy of Korea

Philosophical Principles of Environmental Policy and Environmental Policy of Korea

The Commission's White Paper on Environmental Liability: A Weak Case for an EC Strict Liability Regime

In February, 2000, the European Commission issued the long-awaited White Paper on Environmental Liability. The White Paper outlines the Commission's views on the key elements of a proposed environmental liability directive. This directive would provide for strict liability for conventional and environmental damage caused by dangerous activities regulated by EC law (i.e. virtually all industrial activities), and fault liability for natural resource damage caused by non-dangerous activities. In the Commission's view, such a regime would implement the EC Treaty's grand principles of environmental policy (the preventive, precautionary, and polluter pays principles) and improve the enforcement of EC environmental law. The existing national liability regimes are deemed inadequate by the Commission. This article reviews the main substantive law (and some related procedural law) features of the liability scheme outlined in the White Paper. The first part discusses the justifications for EC legislation on environmental liability. It analyzes whether under the subsidiarity principle, or for reasons of improving the functioning of the internal market, the EC, rather than the Member States, should set any necessary policy in this area. It addresses also the key principles of the EC's environmental policy that the Commission invokes to support its proposal. The second part focusses on the critical question of strict versus fault liability, and the burden of proof. The White Paper argues that strict liability should be preferred over fault liability. The arguments to support strict liability are reviewed. In the third part, the scope of the regime proposed by the Commission is reviewed. Dangerous and non-dangerous activities would be treated in different ways, and the Commission proposes certain exemptions to the directive's scope. The fourth part discusses the issue of insurance and financial security. To secure funds for compensating environmental harm, the White Paper suggests that insurance should play an important role. In part five, the liable persons and available defenses are discussed. Part six analyzes the White Paper's proposals with respect to valuation of natural resource damage, contaminated sites, and standing to sue. Some conclusions are set forth in part seven.