Environmental Protection Rights Research Articles

On the Constitutionalization of Chinese Citizens’ Environmental Rights

The citizen’s environmental right is an important part of the modern legal system. It aims at protecting the basic rights and interests of citizens, promoting environmental protection and sustainable development. The right needs to be effectively guaranteed and implemented through laws, policies and social actions. Environmental rights have been gradually accepted by all countries in the world. Although the idea of environmental rights into the constitution has a long history, it has a different era significance in the present. The construction of a beautiful new China and a beautiful new world requires the promotion and protection of environmental rights in the Constitution. In the new era, China still faces severe ecological and environmental problems at home and abroad. In order to effectively solve the environmental problems facing China, fulfill the state responsibility for environmental protection and the task of The Times for environmental governance, the Constitution should stipulate citizens’ environmental rights.

The detailed term reflects the power of the environmental police

This article aims to analyze how the figure of the Detailed Term can be understood as a reflection of the power of environmental police, among the various instruments that the State has to guarantee the rights of the community in the face of the wishes of the individual. In the same way, it is sought to understand how the Police Power functions, its precedents and why it is used by the State to prohibit actions or curb conduct of individuals, mainly in relation to the environment and its need for constitutional protection. In addition to understanding how the term works, what are its precedents and the way it is used for environmental protection, the same as the Police Inquiry and the Arrest Warrant. The hypothetical deductive research method brings two hypotheses about the feasibility or otherwise of considering the term as an instrument or reflection of the power of environmental police, when it comes to the offenses of lesser offensive potential environmental, besides the exploratory bias, mainly by the bibliographic conceptual review and the legislation applied. With this, it is possible to have a philosophical vision referring to the importance that the power of the environmental police has to protect a fundamental right guaranteeing by the Federal Constitution the right to a balanced environment, and how this power of the police is reflected in the preventive and repressive actions of the State. Accordingly, the objetive of the research is achieved by instigating reflection on the theme and showing that no matter how much the Detailed Term is a relatively new instrument and that it still faces legal debates about its constitutionality, it has unparalleled importance for environmental protection as a reflection of the power of the police. Thus, one can understand that when one analyzes the protection of environmental rights, there is the foresight of coercive acts of the state (police power), both to prevent and to repress conduct that harms the environment, so one cannot disconnect the Detailed Term as an instrument of this police power of the State, since it has the same effects, within its forecast and proportionality, as the Police Investigation and the Arrest Report in Flagrante Delito.

Impact of emotions on the behavioral strategies of PPP project stakeholders: an RDEU evolutionary game analysis

PurposeEmotions, understood as evolving mental states, are pivotal in shaping individuals“' decision-making, especially in ambiguous information evaluation, probability estimation of events, and causality analysis. Public–private partnership (PPP) projects represent a confluence of “economic–environmental–social” dimensions, wherein stakeholder behavior follows the sequential progression of “cognition–emotion–action.” Consequently, comprehending the effects of emotional shifts on stakeholder's decision-making processes is vital to fostering the sustainability of PPP projects.Design/methodology/approachThe paper utilizes rank-dependent expected utility and evolutionary game theory to systematically examine the influence of emotional factors on stakeholders' behavior and decision-making processes within PPP projects. The paper integrates three emotional state functions—optimism, pessimism and rationality—into the PPP framework, highlighting the intricate interactions among the government, private sector, surrounding public and the media. Furthermore, the paper amalgamates the evolutionary pathways of environmental rights incidents with the media's role. Through equilibrium analysis and numerical simulation, the paper delves into the diverse interplay of emotions across different phases of the environmental rights incident, assessing the impact of these emotions on the evolutionary game's equilibrium results.FindingsEmotions significantly influence the microlevel decisions of PPP stakeholders, adapting continually based on event dynamics and media influences. When the private sector demonstrates optimism and the surrounding public leans toward rationality or pessimism, the likelihood of the private sector engaging in speculative behavior escalates, while the surrounding public refrains from adopting a supervisory strategy. Conversely, when the private sector is pessimistic and the public is optimistic, the system fails to evolve a stable strategy. However, when government regulation intensifies, the private sector opts for a nonspeculative strategy, and the surrounding public adopts a supervisory strategy. Under these conditions, the system attains a relatively optimal state of equilibrium.Originality/valueThe paper develops a game model to examine the evolutionary dynamics between the surrounding public and private sectors concerning environmental rights protection in waste incineration PPP projects. It illuminates the nature of the conflicting interests among project participants, delves into the impact of emotional factors on their decision-making processes and offers crucial perspectives for the governance of such partnerships. Furthermore, this paper provides substantive recommendations for emotional oversight to enhance governance efficacy.

Environmental rights protection in the European Court of Human Rights

A relevant issue of environmental law in Ukraine is the total violation of environmental human rights and the lack of guarantees for their restoration, as well as the imperfection of the procedure for bringing violators to justice. Since Ukraine is an active participant in international relations in the field of environmental protection, and the basic principles of foreign policy are enshrined in the Constitution of Ukraine, an appeal to the European Court of Human Rights may be a way to defend the violated rights to a clean environment. The study aims to examine the issue of environmental rights protection in the European Court of Justice. The study is based on the following methods of scientific cognition: formal legal, dogmatic, and comparative legal. The author analyses international legislation in the field of environmental rights protection. The author notes that environmental problems are borderless, and therefore, their overcoming requires all countries to join forces and share experiences. As stated, the issue of environmental protection and environmental security is becoming geopolitical in nature, given the international cooperation in the field of environmental protection which began more than 100 years ago. The author shows the signs of ensuring the implementation of the environmental rights of citizens both in Ukraine and abroad. Examples of effective international cooperation in the field of environmental protection are given. The author analyses the judgments of the European Court of Human Rights in cases related to the subject matter of the study. It is determined that when making a decision, national courts should adhere to the criteria set out by the European Court of Human Rights; find out how a certain situation arose; whether the State knew and should have known that the danger or harmful effect would affect the applicant’s private life; to what extent the applicant contributed to the deterioration of the situation and was able to remedy it without excessive costs. The practical significance of the study lies in the possibility of using its results in specialised classes, as well as in the preparation of scientific texts

Problems of ensuring the public’s right of access to information on the quality of drinking water

It is indicated that the right to safe and clean drinking water and sanitary and hygienic services, which are fundamental for a full life, the exercise of all human rights and ensuring human dignity, are enshrined in the UN Declaration on the Rights of Peasants and Other Persons Providing Services in Rural Areas in the article 21. The authors keep the goal of the article to themselves - to analyze the provision of citizens’ rights to access to information about the state of water quality, in the context of global climate change and taking into account the sharp deterioration of Ukraine’s ecosystem as a result of large-scale military operations.
 This study is devoted to issues of ensuring unimpeded access of citizens to information on the state of drinking water quality, as a component of information on the state of the environment. The article analyzes domestic legislation that regulates the issue of access to information about the state of drinking water quality and the corresponding provision of such access as an inalienable constitutional right of every citizen of Ukraine.
 It was established that the population’s access to information about the state of drinking water is gradually limited, which poses threats to both human health and the natural environment. This is especially unacceptable during the war, when the ecological situation ends literally every hour. Consistently, relations in the field of drinking water use and protection require unified legal regulation at the national and international levels. Thanks to this, conditions are created at the legislative level for open access of citizens to information about the state of water resources, sources of water supply, as well as raising the level of public awareness in the field of protection of environmental rights, especially the right to free access to information about the state of drinking water. This approach will contribute not only to the protection of public health, but also to the preservation of the natural environment and the achievement of sustainable development goals.

Methodsfor theProtection of Environmental Rights and Interests Through LegalProceedings: Administrative Aspect and Criminal Aspect

The object of the investigation consists of the disclosure of procedural legislation, through the implementation of effective mechanisms of legal incidence on procedural aspects, which constitute the framework for the protection of the violated environmental rights and interests of citizens or other subjects of environmental legal relationships. Main content. A certain innovation may be the introduction of the institution of group lawsuits (massive, collective)in Ukraine, which will simplify access to justice for citizens, it will increase its quality and, due to the reduction of theburden on the courts, will accelerate the consideration of cases, including those of an environmental nature. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge; Through the application of this method, the legal, functional, organizational and procedural aspects of the protection of environmental rights and interests in the courts were considered. conclusions. The article argues the need for new forms of protection of the rights and interests of a significant number of people; this is absolutely necessary in the context of the specificity of environmental disputes.

Адміністративно-правові засади управління у сфері забезпечення екологічної безпеки держави

The article is devoted to the analysis of administrative and legal principles of management in the field of ensuring environmental safety of the state. The object of administrative and legal regulation has been established – social relations in the form of behavior and actions of people that take place in connection with the provision of public authorities, environmental rights and freedoms of man and citizen, the interests of society and the state in this area. It is established that the functions of managing the environmental safety of the state constitute a certain system of activities in this area, which are interconnected by subject and object of influence, and therefore form a holistic means of streamlining the relevant relations. In accordance with Art. 16 of the Constitution of Ukraine ensuring environmental safety and maintaining ecological balance on the territory of Ukraine is the responsibility of the state. Its implementation is ensured by the legal regulation of this sphere of human life, society, and the state by the norms of various branches of law. Therefore, in the context of adaptation of national legislation to the legislation of the European Union, the issues of creating an effective system of environmental management entities, reforming public authorities and introducing European standards into their activities have taken a new breath. After all, it is from the effective environmental activities of state bodies and public institutions that the proper state of protection of environmental rights and maintaining ecological balance on the territory of Ukraine depends.

An investigation on China's environmental rights protection from the standpoint of foreign investment

For China, the increase in foreign investment brings both benefits and difficulties. The fundamental focus of these challenges is the defense of human rights, notably environmental rights. The main topic of this essay is China's protection of environmental rights in light of foreign investment. These issues are mostly seen in the light punishments, particularly administrative fines, the challenge of reconciling the amount of fines with real losses, and the rigorous examination of plaintiffs' eligibility for environmental public interest lawsuits. The inadequate environmental regulatory systems and policy objectives, as well as the lack of coherence between statutory requirements and enforcement procedures, are further factors contributing to the recurring violations of environmental rights. As a result, steps including modernizing domestic substantive and procedural legislation, introducing and establishing home country responsibility mechanisms gradually, and attempting to create a smooth transition between domestic and international law should be taken and put into action.

РОЛЬ ЕКОЛОГІЧНИХ СТАНДАРТІВ У ФОРМУВАННІ КОРПОРАТИВНОЇ ВІДПВІДАЛЬНОСТІ ГЛОБАЛЬНОГО БІЗНЕСУ

The article emphasizes that one of the trends in the development of modern global business is compliance with environmental requirements. At the same time, it has been noted that the complex process of "environmentalization" of corporate responsibility draws the attention of scientists and politicians to the problem of determining directions and models of successful implementation of its role in creating conditions for sustainable development. It has been also emphasized on the existing risks of global business activity, which is demonstrated by the accumulated experience of unfair competition of transnationalized business. The author notes that it is the business giants of the global industry all over the world in the implementation of their production and commercial activities that consume the largest volumes of natural, raw and fuel-energy resources, and also pollute the largest water areas. Emphasis is also placed on the gradual destruction of national ecological systems based on close interaction and mutual influence of all parameters of ecological activity of specific states on their territory. In addition, one of the main components of the policy of the welfare state has been violated: guaranteeing the protection of environmental rights and human freedoms. The author believes that the significant expansion of the environmental platform of corporate social responsibility, which makes it possible to organically combine both the goals of maximizing the profitability of business activities and the goals of social utility, plays the key role to ensuring a deep convergence of public and corporate economic interests and leveling environmental threats in society. The article presents empirical data that confirm the special role of the institute of corporate environmental responsibility in the development of a global green economy. It has been noted that one of the components of the implementation of corporate environmental responsibility mechanisms by business structures is their compliance with environmental standards. At the same time, it has been emphasized in the article that environmental standards, on the one hand, are developed by states and international organizations, and on the other hand, they are commonly initiated by the companies themselves as part of the implementation of corporate environmental management strategies. The most common environmental standards of corporate social responsibility have been demonstrated and characterized. A list of methodological foundations that unite environmental standards of global business has been proposed by the author.

Environmental Indemnity: Seeking Effective Mechanisms for Ensuring the Participation of Law Enforcement Agencies

Currently, there is an increase in the number of environmental violations and the environmental damage they cause. The article presents the results of the study of the legal framework and the practice of law enforcement to determine environmental damage, its scope, and possible compensation. The objective is to define the powers, functions, and roles of the agencies responsible for enforcing the law to guarantee environmental compensation. It is studied from the bibliographical, analytical, and critical review of the legal regulation, the practice of applying the law, and the scientific opinions on the compensation for damage to the environment. It is concluded that adequate environmental compensation depends directly on the activities of law enforcement agencies to identify and suppress environmental crimes and carry out administrative or criminal proceedings against offenders. The particularities of filing a civil lawsuit as a tool to repair the damage caused by an environmental crime are considered, focused on organizational and legal issues that negatively affect the effectiveness of environmental rights protection, as mentioned above, including the environmental incompetence of those who investigate crimes in that sphere and the shortcomings of judicial practice in determining the environmental damage. The main mechanisms to ensure the participation of law enforcement agencies in the calculation of environmental compensation, which has been developed in world practice, are presented. The authors made proposals for improving the existing organizational and legal framework and leveling the shortcomings of law enforcement practice.

THE CONCEPT AND ESSENCE OF JUDICIAL PROTECTION OF ENVIRONMENTAL HUMAN RIGHTS

The study is devoted to the examination of the essence of judicial protection of environmental human rights and the definition of the concept of “judicial protection of human rights”. The relevance of the study is due to the importance of the subject of judicial protection of environmental rights in war conditions. In the context of the implementation of the purpose of the study, the issues of judicial protection of environmental human rights in general and in war conditions, the study of legal doctrine and legislation in the relevant field, considering the judicial practice of resolving relevant disputes, are identified. During the study of the issue of judicial protection of environmental human rights, a comparative legal method was used, which helped to analyse and compare scientific views, theories, and approaches and consider problematic issues for their further solution. Due to the generalisation method, forecasting or proposing statements for improving the legal regulation of the protection of environmental human rights is applied, and due to the analysis method, the features of the principles of legal regulation of the protection of environmental rights are determined. In addition, the study is accompanied by quoting normative regulations, in particular, international treaties, which regulate all events that are currently taking place between Ukraine, the Russian Federation, and Belarus, but notes the non-fulfilment of such international treaties by Belarus and the Russian Federation. The study analyses the opinions of researchers in the field of environmental rights protection, which generally characterise the judicial practice of considering environmental disputes and emphasises the need to increase public activity in the protection of violated environmental rights. The study considers the practice of judicial protection of environmental human rights and describes the problems that exist in the context of the protection of environmental human rights. The specific features of judicial protection of environmental human rights are identified and the main examples of substantial violations of environmental human rights during the war with the Russian Federation are indicated, it is indicated what actions of the Russian Federation and Belarus caused damage to Ukraine in the field of environmental safety, with direct indication of specific objects that were hit by military equipment, as a result of which there is still a risk of environmental disasters not only in Ukraine but also in neighbouring countries. The proposals for improving the judicial protection of environmental rights outlined in this study are unique and effective for compiling scientific texts and conducting classes in the relevant field of law.

Ensuring environmental security, citizens’ life and health under martial law: environmental and legal aspects

The article is devoted to the consideration of environmental and legal problems of ensuring environmental safety, realization of environmental rights and satisfaction of interests, use of natural resource potential under martial law. The purpose of the research is a comprehensive study and analysis of environmental legislation considering the imposition of martial law. In view of this, the methodological basis of the article is a complex of general philosophical, general scientific, special scientific and actual legal methods. It is argued that the environmental function of the state to ensure environmental security, environmentally balanced nature management and to maintain environmental balance in Ukraine should be the modern narrative, which will contribute to the formation of a new environmental order under martial law for Ukraine and Europe. The original definition of the state environmental policy under martial law is formulated. It is proposed to improve the compensation system for damage caused by Russia's aggression to the environment, citizens’ environmental rights and interests, as well as to optimize the institutional and legal framework for environmental security under martial law. Based on our own conclusions and summaries, several suggestions and recommendations to improve the current national legislation are provided. It is proved that at the legislative level there should be clear mechanisms for legal protection of environmental rights and interests of citizens during hostilities. It is found that proper ensuring Ukraine sovereignty under martial law is impossible without considering a number of environmental and legal factors: (a) further improvement of the legal framework of the mechanism for the realization and protection of environmental human rights and interests; (b) establishing effective legal guarantees for environmental security; (c) improvement of the legal regime of use, reproduction (restoration) and protection of natural resources and complexes, all natural and resource potential of Ukraine, etc.

International Criminal Law Protection of Environmental Rights and Sentencing Based on Artificial Intelligence.

Environmental problem is an international problem that transcends national boundaries and develops into regional and global environmental pollution and ecological problems. Facing the increasing environmental pollution, the international community has successively formulated many relevant environmental pollution prevention laws, but the world situation is complicated after all, environmental problems still emerge endlessly, and the protection of environmental rights has become the consensus of the international community. Environmental right is an integral part of human rights, and protecting environmental right is the concrete expression and proper meaning of protecting human rights. Using international criminal law to protect environmental rights will play a positive role in global environmental protection. As with the development of computer technology, the research of machine learning has gradually transferred to the field of social science, especially the judicial field. While sentencing is a crucial part of environmental crime, this paper studies the sentencing of environmental rights cases from the perspective of international criminal law and uses Convolutional Neural Networks (CNN) to determine the sentencing of environmental rights cases. Through the experiment on the Integrated Database (IDB) dataset, the results show that the introduction of CNN improves the effect of the sentencing term prediction model and the fine prediction model significantly. The CNN-based model scored 91.6542 in the sentencing term prediction model and 90.8890 in the fine prediction model.

FEATURES OF JUDICIAL PROTECTION OF ENVIRONMENTAL RIGHTS OF CITIZENS IN THE EUROPEAN COURT OF HUMAN RIGHTS

The research is dedicated to the issue of the opportunity to apply to the European Court of Human Rights for the protection of environmental rights. The relevance of the study is explained by the fact that the global environmental crisis raises the issue of ensuring the human right to a safe environment and its protection. The necessity of conducting a separate study on this issue arose since the Convention for the Protection of Human Rights and Fundamental Freedoms, defining the rights it guarantees, does not separately allocate environmental rights. That is why the question logically emerges: can individuals apply to the European Court of Human Rights to protect a right that is not specifically mentioned in the Convention. The purpose of the study is to explore the legal framework and grounds for applications to the European Court of Human Rights. In the process of the research, legislative acts, international legal acts, and the activities of the European Court of Human Rights, which purpose is to protect, in particular, environmental human rights, were analysed. The methodological foundation of the study was established by the Aristotelian method, methods of analysis and synthesis and comparative legal method. The study explores both general theoretical aspects related to the protection of environmental rights and analyses the practice of courts in protecting environmental rights, particularly at the international level. The study established that the European Court of Human Rights admits applications from individuals for the protection of violated environmental rights, which it considers through the prism of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms – the right to respect for private, family life and the home of individuals. The practical value of the study lies in the fact that the research analyses national and international law and the practice of the European Court of Human Rights and provide conclusions that identify specific problems related to environmental protection activities and proposes specific mechanisms for overcoming them to avoid violations of citizens’ environmental rights.

The right to a healthy environment and its justiciability before the Inter‐American Court of Human Rights: A critical appraisal of the Lhaka Honhat v Argentina judgement

AbstractThe Inter‐American Court of Human Rights has recently changed its approach to the protection of environmental rights, which are now treated as autonomously and directly justiciable, thus without having to first establish a breach of any related civil or political rights. Lhaka Honhat v Argentina is the first contentious case the Court adjudicates based on the right to a healthy environment. The judgement issued in this case, and the opportunities and challenges presented by direct justiciability of environmental rights within the Inter‐American system, are critically appraised.

Protection of environmental rights: theoretical and practiological nature

The article is devoted to the analysis from the point of view of theoretical jurisprudence and practical aspect of protection of ecological rights in the modern globalized society. It is emphasized that the environment is the common property of mankind, it is important to find progressive and multifaceted solutions to protect and enrich it. These decisions are comprehensive

Judicial protection of environmental rights in the Russian Federation: constitutional and legal basis

The article deals with the problems of determining the nature of environmental rights and the procedure for their protection. The article presents an analysis of the constitutional provisions and norms of the current Russian legislation in the environmental sphere. It is noted that environmental offenses related to the failure of public authorities to fulfil their constitutional and legal obligations in the environmental field should be considered by courts of general jurisdiction according to the rules of administrative proceedings. The idea of creating a system of specialized environmental courts, expressed in science, has been criticized. It is proposed to involve an expert in the case of difficulties in the consideration of cases of environmental violations.

Increasing resource efficiency in the industrial complex ensuring environmental human rights

The close relationship between industrial development and environmental pollution is considered the main problem of negative climate changes and the deterioration of life quality leading to an increase in mortality. In this regard, the protection of environmental human rights is of great importance. The paper aims to assess the trends of industrial influence on the human environment and the level of protection of environmental human rights in different countries through reviewing and analysis of the set of relevant studies. The paper brings novelty exploring an array of objectives for protecting human environmental rights in the framework of the Sustainable Development Goals, implementation of a circular and resource-efficient economy, together with the Industry 4.0 technologies for industrialized countries, including Ukraine. Most studies consider contradictions between the economic and environmental goals of both businesses and the state the main obstacle for the ecologization of industrial production. The economic feasibility of introducing more resource-efficient business models has been proved. The impact of Ukrainian industrial companies on the environment and the state of human environmental rights protection is studied. The results of the study allow stating that the resource and energy inefficiency of industrial technology in the country, as well as the weakness of state institutions in the implementation of reforms for sustainable development, is a fundamental threat to human rights and a healthy life.

FOREIGN EXPERIENCE IN THE ORGANIZATION AND OPERATION OF ENVIRONMENTAL COURTS

Given the complexity of the environmental situation in Ukraine, the article analyzes the foreign experience of the organization and operation of environmental courts and other authorized bodies to resolve disputes related to violations of environmental legislation. It is noted that according to the index of environmental efficiency, which is a comprehensive comparative indicator of the success of environmental policy around the world, Ukraine ranks 44th among 180 countries, which indicates an unfavorable environment. Based on a study of environmental authorities in Asia, Europe, North and South America, it is established that in different countries there are various administrative bodies and courts to ensure the protection of environmental rights of citizens, society and the state. It is emphasized that today in most countries the protection of environmental rights is carried out by courts of general jurisdiction, at the same time there is a tendency to increase the number of special environmental structures that consider environmental disputes within the courts of general jurisdiction. Such countries include countries governed by the Romano-Germanic legal system. They are Denmark, Germany, Norway, the Czech Republic, Finland. There are specialized administrative appellate tribunals in Denmark and the Supreme Administrative Court in Finland, which specializes in environmental and water issues. In Sweden, there are five environmental courts and an Environmental Court of Appeal within the general judicial system, which deals with a wide range of environmental rights protection. In New Zealand and some regions of Chile there are specialized environmental courts, in Australia (New South Wales), the United States (Vermont) there are environmental courts, while in some Brazilian states there are both environmental and semi-specialized environmental courts. It is concluded that in the activities of domestic courts there are problematic issues that affect the protection of environmental rights, so it is advisable in the judicial system to introduce specialization of judges of appellate courts, which based on the provisions of the Constitution and laws of Ukraine, special and international legislation right.

Some Aspects of the Environmental Rights Protection

This note addresses some aspects of the basic principles of environmental rights protection and ECtHR practice. In particular, it analyses the new directions for environmental rights protection that the ECtHR gave us in Tătar v Romania. Some inconsistency of the ECtHR is highlighted since the case-law of environmental principles varies. Significant and important steps towards recognising the importance of procedural rights associated with public participation as this principle are indicated in international environmental law more generally. On the other hand, the Court’s more recent forays into the territory of other environmental principles – particularly that of the precautionary principle – suggests that the Court is less eager to develop its extensive environmental case-law considering the principle of precaution.