Resources Law Research Articles

Classification of the Plant World as a Basis for the Formation of Floristic Law

The article is devoted to the substantiation of the addition of natural resource law with the “Floral Law” branch. According to the author, not all flora has received proper legal foundation. As a basis for the definition of the plant world, it is proposed to use its classification according to two criteria: first, the territorial-target attribute of the lands on which plants grow; secondly, the sign of the usefulness-harmfulness of the plants themselves for the environment and humans. The legal of the last classification is superimposed on the first classification. The first classification allows us to consider floristic law in the widest possible way, including almost all types of flora. These relations are considered by various branches of law. In a narrow view, floristic law includes only landscaped urban areas located on the territory of settlements. These relations are currently regulated by regional legislation. This does not exclude the formation of an expanded understanding of floristic law, which, in particular, takes place in the Republic of Crimea. Basing on the analysis of the Russian legislation and laws on the flora of neighboring CIS states, the author comes to the conclusion that it is necessary to create the Federal Law “On the Flora of Russia” for setting the elements of both broad and narrow understanding of the scope of flora objects belonging to the floristic law: principles and tasks of floristic law (In the broadest sense), as well as establishing the competence of the regions, the scope of floristic law in a narrow (or extended) interpretation.

Melanesian States Natural Resource Law Features

The object of the study is the relations of nature management in the Melanesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Melanesia: the Commonwealth of Australia, the French Republic, the Republic of Vanuatu, the Republic of Fiji, the Solomon Islands, the Republic of Nauru, the Independent State of Papua New Guinea, the Republic of Indonesia. The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects, as well as contractual and directive grounds. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Australian Antarctic territories. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal studies of Melanesia are insignificant, one of the few Russian scientific publications about this Pacific region is presented to your attention, while the available works are largely outdated, and some jurisdictions are covered in the domestic press for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the Solomon Islands in the Russian Federation. At the same time, violations of the implementation and implementation of the norms of international maritime law in the Pacific Ocean by the Melanesian States are noted, as well as cases of the establishment of a national legal regime of Antarctic territories; it highlights not only the seizure of resource bases by the collective West, but also the incorporation of sovereign States, which is a modern form of establishing colonial dependence.

More Than Meets the Eye

ABSTRACTCulturally significant landscapes, which evoke and promote strong feelings of attachment among their constituencies and advocates, pose a management challenge for federal agencies. Current cultural resources laws and policies focus largely on the physical characteristics of individual sites and features. I call here for a management approach that differs from current practice in several important ways. First, it recognizes the power of landscapes and landscape character. Drawing from both wilderness and park management, it calls for the identification and preservation of landscape characteristics, and the development of landscape-level inventories that can identify current landscape condition. Finally, it recognizes that how a landscape is experienced by its constituencies and advocates is a measure of management effectiveness. For management to succeed, management approaches must recognize and respect the core values and experiences that are at the heart of culturally significant landscapes.

Polynesian Natural Resource Law Features

The object of the study is the relations of nature management in the Polynesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the Polynesian countries: the United States of America (Hawaii, American Samoa, unincorporated territories), the Kingdom of New Zealand (Cook Islands, Niu, Tokelau), the United Kingdom of Great Britain and Northern Ireland (Pitcairn Islands), an Independent State Samoa, the Republic of Kiribati, the Kingdom of Tonga, the Kingdom of Tuvalu, the French Republic (French Polynesia, Wallis and Futuna), the Republic of Chile (Isla de Pasqua and Juan Fernandez). The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. In addition to the traditional, the researcher identifies a new type of property – family ownership of land, distinguishing it from communal, tribal and ancestral, and also draws attention to the inequality of ownership forms and discrimination in this area by the English crown of formally independent states and their citizens. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. This is one of the few scientific publications in the World on the natural resource law of the Polynesian States. The author discusses with foreign scientists, analyzing foreign doctrine and legislation. At the same time, violations are noted in the implementation and implementation of the norms of international maritime law in the Pacific Ocean; the creation by the collective West of natural resource reserves, regulatory legal bases and state mechanisms for the exploitation of the Polynesian environment in case of need (economic need and (or) global conflict).

FEATURES OF THE ECOLOGICAL AND LEGAL MECHANISM IN THE AGRARIAN SPHERE: THE CONSTITUTIONAL ASPECT

The article highlights the actual problem of the peculiarities of the ecological and legal mechanism in the agrarian sphere in the light of the norms of the Basic Law. For the agricultural sector, land and other natural resources are the basis of activities for the production of crop and livestock products. The study of the topic of the article is aimed at demonstrating not only the environmental provisions of the Constitution of the RF aimed at ensuring protection and rational use of natural resources, but also the direct connection of constitutional norms with the opportunities and needs for the development of "green" agriculture. The study is carried out on the basis of the methodology of systematic analysis of the norms of the Constitution of the RF, ecological and natural resource law in the context of specific solutions of rational nature management and environmental protection in the agrarian sphere. In the context of the norm of Article 9 of the Constitution of the RF on the protection and use of land and other natural resources as the basis for the implementation of agricultural activities, the legal and methodological significance of the norm of Art. 42, according to which everyone has the right to a favorable environment, has been investigated, the author proceeds from the fact that maintaining a favorable state of the environment is the goal and main task of all ecological and natural resource legislation and law. At the same time, methodological emphasis is placed on the essential fact that it is the favorable state of the land, waters, atmospheric air that is the natural basis for conducting environmentally healthy agricultural activities. In the combination of the simultaneous operation of the norms of Articles 9 and 18, public authorities create and implement an ecological and legal mechanism. Taking into account the factor of environmental needs in the process of conducting agricultural activities in the formation and operation of the ecological and legal mechanism is an essential element of novelty. Independent conclusions of the author: environmentally friendly food products can be produced only in a favorable environment; Since land and other natural resources are the main conduct of "green" agriculture, an ecological and legal mechanism aimed at ensuring a favorable state of nature and taking into account the environmental needs of the agrarian sphere is created both within the framework of ecological and natural resource law.

Research on Low-carbon Environmental Resources Law of China

Low-carbon economy has become an important trend of global development. As a developing country, China's legal system of low-carbon economy is not perfect, and there is a big gap compared with developed countries. Based on the fact that China's low-carbon environmental resources law system is still in the initial stage of formation, the improvement of the system structure will be an extremely complicated and huge project. In a short time, the concept of low-carbon should be covered in all aspects of the legal system, organically integrated at all levels, and meet the scientific, logical and systematic requirements. The author thinks that the low-carbon environmental resources law system consists of three parts, one is the comprehensive adjustment law of environment and natural resources, the other is the natural resources law, and the third is the environmental protection law, and puts forward corresponding legislative suggestions.

Features of nature as an object of ecological relations

The article is devoted to the study of the peculiarities of nature and its resources in order to determine the place of environmental and Natural Resource Law in the legal system, as well as on this basis to resist the persistent harassment of civilists to own land and other natural resources exclusively in the field of civil law regulation. The study is conducted in the methodological context of the provisions of the General theory of law, the theory of public law, the doctrine of Ecological and Natural Resource Law, the provisions of the Constitution of the Russian Federation, the positions of the Constitutional Court of the Russian Federation, expressed in its decisions on cases of environmental disputes.

Muhammadiyah Perspective Constitutional Jihad Paradigm (Case Study of Muhammadiyah’s Request Against Law Number 7 of 2004 Concerning Water Resources)

The Constitutional Court (MK) granted the petition for judicial review of Law Number 7 of 2004 concerning Water Resources (UU SDA) which was submitted by the Central Executive (PP) of Muhammadiyah. Testing the application for the Natural Resources Law is a strategy to fight for the weak (mustad’afin) according to the basic principles of Islam. Thus, this test argument is also based on the benefits of ecology and nature contained in Islamic law. The review of the Natural Resources Law can also be seen as an effort to examine the similarities between the principles of Islamic law and the 1945 Constitution. The research method uses a socio-legal judicial review approach, by reviewing the decision in the application for Law No. 7 of 2004 concerning Water Resources. against the 1945 Constitution of the Republic of Indonesia with Decision Number 85/PUU-XI/2013. This research is normative based on primary data, namely decision 85/PUU-XI/2013 with bibliographical data and uses a statute approach. This conclusion makes it very clear that Muhammadiyah has taken a Judicial Review step against the Natural Resources Law which is contrary to the 1945 Constitution. This shows that Muhammadiyah has built a constitutional jihad as a concrete ijtihad in an effort to straighten environmental law enforcement which the state should do in accordance with Article 33 of the 1945 Constitution.Keywords: Muhammadiyah, Judicial Review, Natural Resources Law

From RSFSR Land Code of 1922 to the theory of environmental law: Oleg Kolbasov’s scientific heritage

Development of the contemporary ecological or environmental law roots in the far past of the Soviet law-making period; it goes on creatively borrowing legal concepts, legal mechanisms and methodology of legislative regulation. The Land Code of RSFSR adopted in 1922 has become the first act that played a historical role in the development of natural resources and ecological law. Such evolution was accompanied by theoretical legal research carried out by representatives of the Soviet legal science on nature protection. In the constellation of scholars, a remarkable place belongs to Oleg Kolbasov a famous and talented researcher and lawyer-ecologist. In his works he raises the issues that are still topical both in the legal science and the law-making activities; these are the issues concerning the name of the branch of law dealing with nature and man interrelations, its system and contents. He is also the author of highly demanded fundamental works on Soviet water resources law. The Article provides an analysis of the Land Code of 1922, and Kolbasov’s scientific views on the development of nature protection law in the context of Soviet land use, nature resources and environment protection legal acts.

Climatic Aspects of Ecological and Legal Protection of Forests in the Russian Federation

The purpose of the article is to research the legal issues of forest protection in the Russian Federation in the context of global climate change taking into account international obligations under the Paris Agreement 2015 and the Glasgow Leaders’ Declaration on Forests and Land Use 2021. The sources of the research are legislative and other regulatory legal acts in the field of forestry relations, environmental and natural resource law, etc.The research methodology is based on scientific methods such as dialectical, logical, predictive, systems analysis, content analysis, as well as private scientific methods, such as statistical, technical and legal, comparative legal.

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

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

THE ECOCRACY OF WATER RESOURCES ON WATER CULTIVATION RIGHTS IN REALIZING SOIL AND WATER CONSERVATION

There are still several problems related to water resources, which can affect poverty, food shortages, hamper economic growth, and disrupt ecosystems. Based on the literature study, two conclusions were generated. First, the function of Water Resources in business activities in laws and regulations still ignores the constitutional rights of the state and the people through the gap for companies to manage and make water and water resources as the profit-oriented business. Second, it is necessary to revitalize ecocracy in ensuring the existence of Water and Soil Conservation by inculcating two (legal) liabilities, namely the liability due to the inherent propriety to act or to do and the liability due to the inherent propriety not to act or not to do to protect ecosystem health and to ensure the environmental sustainability. It is necessary to reform the Water Resources Law in tackling the exploitation of water resources to justify monopoly or illegal profits made by certain parties.

A core concept in natural resources law: the nexus between owner and operator

The relationship between the owner of resources and the operator is identified as a core concept in natural resources law, giving the field conceptual cohesion. Owners commonly allocate rights to operator companies rather than developing the resources themselves. The main reasons appear to be access to expertise and risk management. This relationship or bargain can take various forms and its content varies. This article asks what legitimately constitutes a field of law, considers how the bargain nexus is a common and distinctive feature of natural resources law, and discusses its power to explain the nature of the field and its legal problems.

Convergence in International Environmental and Natural Resources Law

Despite the extraordinary proliferation of instruments of international environmental law since the 1972 UNCHE Conference in Stockholm, it appears that diverse forces are acting to maintain the internal coherence of this sub-field of international law, as well as its position firmly within the international law system. A range of institutions and processes ensure the continuing unitary nature of international environmental law within a unitary system of international law, notably including the universalist instincts of the International Court of Justice, the codification routinely undertaken by the International Law Commission, and the universal, pervasive and indivisible character of increasingly relevant human rights norms. These processes of “convergence” act to unify and enrich the fabric of the increasingly elaborate and sophisticated complex of rules, principles and institutional structures comprising international environmental law, while suggesting its growing developmental maturity after 50 years of frenetic evolution and supporting its continuing coherent elaboration.

Biological diversity as an object of environmental legal relations in the field of conservation and sustainable use

Peculiarities of legal regulation of legal relations in the field of conservation and sustainable use of biological diversity are considered. The provisions of national and international legislation in this area have been studied, as well as the meaning of the terms «biological diversity» and «sustainable use of biological diversity» from the point of view of law. From the standpoint of law, the program documents are analyzed, based on the provisions of which the state policy in the field of conservation and use of biodiversity is formed, as well as the place of norms on conservation and sustainable use of biodiversity in the environmental legislation of Ukraine. The necessity of developing a single categorical-conceptual apparatus in the field of regulation of relations on conservation and sustainable use of biological diversity is substantiated. It is established that the legal regulation of conservation and sustainable use of biological diversity is provided mainly by national programs, strategies and other policy documents, and ensuring the requirements of conservation and sustainable use of natural, spatial, species, population and coenotic diversity of biodiversity components. It is noted that the term «biological diversity» and its species (spatial, species, population and coenotic diversity (depending on the level of organization)) are used mainly in setting legal requirements for the protection, use and reproduction of certain natural resources. in order to uniformly apply the term «biodiversity» and understand its meaning, its definition should be introduced into national legislation at the level of natural resource laws. It is also considered necessary to include basic terms, including the concept of «biological diversity», in the future Environmental Code. At the same time, relations in the field of biodiversity (its components) should be considered in the context of its sustainable use as part of a more global concept of sustainable development, where the principle of rational use of natural resources is a key condition for sustainable economic and social development.

Research on the legal issues of the government's responsibility for ecological restoration in mining areas

Due to historical reasons, the existing large number of mines in China leave serious ecological and environmental problems after mining, so it is urgent to clarify the responsibility subject and carry out ecological restoration. In reality, the local government assumes the responsibility for ecological restoration, but this may confuse the first responsibility of the environmental damage with the government's responsibility to fill the burden, which is inconsistent with the basic principle of the "damage responsibility" of the current environmental law. The specific situation of the government's responsibility for ecological restoration in mining areas should be clarified through legislation. On the occasion of the revision of the Mineral Resources Law of the People's Republic of China, this paper discusses the theoretical basis of the government's responsibility of ecological restoration in mining areas, the nature and specific application of the responsibility of restoration, and finally puts forward the institutional suggestions for improving the Chinese government to undertake the responsibility of ecological restoration in mining areas.

Old Wine in a New Bottle

Resistance to neoliberal legal reforms has increased globally in recent decades due to the failure of water privatization to ensure affordable and sustainable water access in the global South. Referring to the 2004 and 2019 Water Resources Laws, this paper explores how, in the case of Indonesia, the law reproduces and normalizes neoliberal ideologies that frame water as an economic commodity. We argue that Indonesia's current legal regime governing water resources is based on populist rhetoric of fulfilling the human right to water through state management. However, the adopted water governance regime aims to facilitate the establishment of a climate conducive to private sector investment by shifting responsibility for the fulfillment of the human right to water from the state to a market-based allocation system. This paper examines the strategy adopted by the government in securing the water privatization agenda when dealing with judicial activism that requires water to be managed as a public good.

Environmental law - theory issues: response to the works of MSU Professor I.A. Ignatieva

The escalating environmental problems need scientific understanding, which is facilitated by the theoretical and educational works of Professor I.A. Ignatieva. They analyze the concept, objects, sources, and development of legal institutions of modern environmental law and legislation, considering previously published monographs of well-known scholars. Of great interest are her reflections concerning the initial formation of natural resources law, fundamental for environmental relations, as well as growing importance and development of environmental law. Among other issues the author emphasizes the place of a person in the environment, which is protected for the benefit of his life and health. The traditional for Russian and foreign law issue of the relationship between “environmental protection” and “ensuring environmental safety”, provided for in the Constitution of the Russian Federation, and in strategic planning documents is also in the focus.

The worker bee’s dilemma: move out to move up?

Theoretical basis This case is underpinned by multiple motivational theories, including Maslow’s Hierarchy, Alderfer’s existence relatedness growth, equity theory, expectancy theory and Herzberg’s two-factor theory. Research methodology This data was gleaned from the protagonist and corporate documents. Names have been changed to conceal the identity of the firm and its employees. Case overview/synopsis Vivienne consistently earned high-performance ratings at her firm. She designed the internal firm university, a permanent learning program. She then noticed other employees being promoted based on her work. She was not offered a promotion, so she conducted a job analysis. Based on those findings, Vivienne decided to develop and present a retitling proposal for her promotion to a title better aligned with the level of work she performed. This case analyzes Vivienne’s organization, the firm university program, and her retitling proposal using management theories, human resources laws, and concepts, and it leads to an important career crossroads. Complexity academic level Undergraduate courses: organizational behavior and human resource management.

CONTENT OF OWNERSHIP OF NATURAL RESOURCES

The question of the content of the right of ownership of natural resources in the article is studied as an essential element of the theory of ecological and natural resource law. At the same time, such a theoretical approach shows not only the defectiveness of the stable and persistent claims of civilists to the possession of nature as a civil law thing, but also the scientific inconsistency of the actions of the federal legislator, who unreasonably established many natural resource norms in the Civil Code of the Russian Federation. The content of the right of ownership of natural resources is studied as an objective and subjective right regulated by the norms of the Constitution of the Russian Federation, ecological and natural resource law. Taking into account the claims of civilists to the regulation of relations of ownership of land and other natural resources in the civil legislation special attention is paid to the position of E. A. Sukhanov, according to which the content of the subjective right of ownership is usually characterized only through the constituent powers of possession, use and disposal. At the same time, attention is drawn to the fact that the theory of natural resource law emphasizes the understanding of the right of disposal in civil law, which is unacceptable in relation to natural objects, as the ability to determine the legal fate of a thing up to its alienation or destruction. The issue of the rights and obligations of the holder of the right of ownership of natural resources as a subjective right is investigated as in accordance with the natural resource and ecological legislation of the Russian Federation is an important and essential element of the content of the right of ownership of natural resources. The position is substantiated that the fulfillment by the owner of legal natural resource requirements, assessed in the context of the content of the right of ownership management.