Urgency of Law Enforcement in the Field of Conservation of Living Natural Resources and Ecosystems (original) (raw)

2000

This paper proposes some legal principles for environmental protection as outlined from ecology. Such an environmental legal framework consists essentially of three criteria which deal (1) with ecological limits, (2) Gestalt, and (3) uncertainty. These guidelines for an ecologically-oriented law are defined as normative because they show that there is a link between ecological descriptions and legal prescriptions.

CONSTITUTIONAL FOUNDATIONS OF THE LEGAL-ENVIRONMENTAL RELATIONSHIP

Veredas do Direito, 2021

The environmental impacts on a planetary scale crisis point to a probable collapse of the main indicators of the sustainability of life on the planet. The legal response through Environmental Law has allowed the advance from a set of administrative rules to a legal micro-system with a constitutional foundation. The Brazilian Federal Constitution of 1988 elevated the balanced environment to the category of fundamental good, breaking with the individualistic and utilitarian traditions of conventional legal relations on the environment. The understanding of the macro-environmental good prioritizes the fulfillment of fundamental duties by the community, leading to the transformation of several traditional legal institutes, which among the legal relationship. This article reviews the literature and Brazilian legislation employing the deductive method to support the emergence of the fundamental legal-environmental relationship. This is a new kind of legal relation, which presents two distinctive marks: its diffuse nature, and its object, the environmental good, which defines the immaterial condition of the ecological balance, elevated to the condition of a fundamental good by the constitution. This produces the effect of the preponderance of the duty to preserve the environmental good beyond the most conventional fundamental rights of its subjects by imposing limits and objective guidelines for the pursuit of a balanced environment by its intrinsic values.

Article A Multi-Scalar Examination of Law for Sustainable Ecosystems

2014

The loss of resilience in social-ecological systems has the capacity to decrease essential ecosystem services, posing threats to human survival. To achieve sustainability, we must not only understand the ecological dynamics of a system, such as coral reefs, but must also promulgate regulations that promote beneficial behavior to address ecological stressors throughout the system. Furthermore, laws should reflect that systems operate at multiple spatial and temporal scales, thus requiring management across traditional legal jurisdictions. In this paper, we conducted a multi-scalar examination of law for sustainable ecosystems and how law pertains to coral reef ecosystems in particular. Findings indicate that, in order to achieve sustainability, we must develop new or reform existing legal mechanisms to protect ecosystems.

Theoretical Foundation and Legal Content of the Categories of Legal Relations of Environmental Law

protmed.uoradea.ro

Given that human society has reached high levels of development, which involves using natural resources in huge volumes, an important issue that arises is environmental protection. This requires the set up of rules that would protect the environment, and the result is a distinct bundle of legal relations, the environmental ones. News of a scientific study on the relation of environmental law is emphasized by the existence of divergences from the correct application of legal norms and the development of appropriate legal framework that refers to environmental protection. The subject of the article focuses on the system of theoretical, methodological and applicative issues, related to the environmental law relations. Good knowledge of the characteristics of application of rules and principles related to environmental law relations will largely determine the proper functioning of the mechanisms of environmental protection.

A Multi-Scalar Examination of Law for Sustainable Ecosystems

Sustainability, 2014

Conceptual Developments in Environmental Law: An Interdisciplinary Approach

Asian Journal of Education and Social Studies (ISSN: 2581-6268 Journal), núm. 23 (2), pp. 37-47, 2021

This paper's point of view is that environmental law translates this particular evolutionary point in time into principles and rules, and highlights that given the extent and significance of the grave issues we are confronting, concepts that come from other sciences need to be dealt with carefully to ensure these are interpreted and implemented effectively. The grave concern about conservation of the environment and the urgent need for effective measures to protect it is a sign of the times, and it is growing deeper in view of the rapidly worsening climate crisis. Environmental law studies demonstrate that there is a line of force based on fluid, fruitful dialogue between different fields of knowledge. Lawyers are aware of the achievements made in environmental law, as well as its manifest deficiencies and limitations, and, just like Theseus who momentarily loses the golden thread offered by the bold Ariadne, they must find a way out of that labyrinth.

Nature and Legal Norm from an Environmentalist Standpoint

I have tried to argue in this paper that the general philosophical perspective over the environmental problems could generate different approaches of environmental legislation. For a traditionalist European philosopher the environmental ethics isn’t a new ethics, but is reducible to the technical problems of any applied ethics, for example, the way in which some legal norms cover some cases and the justice manages the prejudices against environment. From the standpoint of a “deep ecology” we need a debate about the metaphysics of environmentalism and environmental ethics gains a new statute.

The Urgence of Environmental Law Enforcement

APLIKATIF: Journal of Research Trends in Social Sciences and Humanities

People are a component of the environment. Where human involvement with the environment has an effect on other forms of life. The environment evolves in tandem with societal transformations. Human survival is extremely dependent on the environment. In the social perspective, the environment (ecosystem) is a unit that cannot be separated. The influence of environmental pollution on human growth and survival is unfavorable. If the environment (ecology) is healthy, it will have a favorable effect on the development of human life's carrying capacity. On the other side, driven by limitless human wants, there is frequently excessive and unregulated exploitation of the environment, resulting in environmental harm and contamination. To counteract the negative effects of excessive environmental exploitation, it is essential to have a social engineering tool, namely the law, in order to establish an orderly society (law as a tool of social engineering). This study employs a normative lega...

Urgency of Law Enforcement in the Field of Conservation of Living Natural Resources and Ecosystems (original) (raw)

Related papers