scholarly journals Environmental liability and nature protection areas Will the EU Environmental Liability Directive actually lead to the restoration of damaged natural resources?

2009 ◽  
Vol 5 (1) ◽  
pp. 117
Author(s):  
G.M. Van den Broek
2019 ◽  
Vol 4 (4) ◽  
pp. 241-249
Author(s):  
Nataliya KOVSHUN ◽  
Nataliya PIATKA

Introduction. The processes of globalization and social transformation have made environmen-tal conservation a priority, and therefore require some action to be taken to address environ-mental issues and the rational use of natural resources. The solution of the existing problems depends to a great extent on the functioning efficiency of the financial security system established in the country, the established composition and the volume of financing sources and certain directions of their use, which necessitates their scientific-based analysis. The purpose of the study is to investigate the state of financing environmental measures in Ukraine, to study the directions, dynamics and structure of costs for environmental protection, identifying features of financing environmental protection. Results. The comprehensive analysis of the dynamics of costs for environmental protection and rational use of natural resources is carried out. The main components of environmental expenditures are identified. Costs for environmental protection and rational use of natural resources by financing sources have been structured. The dynamics and structure of capital investments by nature conservation measures are investigated. The dynamics of the share of expenditures for environmental protection and rational use of natural resources in the GDP of Ukraine, as well as the share of capital investments (environmental) in the structure of capital investments of Ukraine are analyzed. The features of the current state of financing environmental protection and rational use of natural resources are highlighted. Conclusions. The results of the research made it possible to identify the main problems in the field of financial support for environmental protection and to outline the ways of their solution. The necessity of investments mobilization into nature protection activity is proved through development of appropriate means of economic stimulation and their legislative fixing, which will allow to solve the problem of financial support of environmental protection by diversification of financing sources. Keywords: costs for environmental protection, environmental activities, environmental measures, recurrent costs, capital investments, cost structure, financial support.


2018 ◽  
Vol 54 (3) ◽  
pp. 407-425 ◽  
Author(s):  
Martijn C Vlaskamp

Natural resources can be an important source of funding for warring parties in armed conflicts. Curbing the trade in these so-called conflict resources is, therefore, part of the European Union’s conflict management policies. The article explores the EU’s policies in this field and asks, specifically, why the EU is using supply chain due-diligence measures to achieve this goal. The author argues that they are the response to enforcement problems of most existing multilateral and unilateral sanction regimes because of state weakness in the targeted regions. This approach results from a broader idea from the EU that transparency can improve resource governance and, therefore, safeguard both its political and economic interests in conflict zones, such as the eastern Democratic Republic of the Congo. However, when the issue becomes specific—as in the EU Conflict Minerals Regulation—translating this idea into concrete policies becomes more contentious as the EU institutions set different priorities for the final policy design.


2014 ◽  
pp. 113-140
Author(s):  
Dragan Nonic ◽  
Mersudin Avdibegovic ◽  
Jelena Nedeljkovic ◽  
Aleksandar Radosavljevic ◽  
Nenad Rankovic

At the global level, due to the negative effects of over-exploitation of natural resources, numerous processes and initiatives for their conservation and sustainable governance have started. The beginning of the transition process, as well as political and economic changes that followed in the countries in transition, were in line with the new orientation of the international forest and nature protection policy. The transition process has caused, among other things, a redefinition of the role of government in managing natural resources. This meant a shift from ?government? to ?governance? concept. This concept refers to the change from the classical approach of ?command and control? to active participation of all involved parties and establishing rules for the division of responsibilities and benefits. The aim of the paper is to identify, analyze and systematise the current concepts of sustainable governance in forestry and nature protection, their characteristics and the principles on which they are based, with a main purpose of preparation of a research platform for more detailed research in this area. The paper gives recommendations for the application of the principles of governance in forestry and nature protection, as well as recommendations for future research in this area.


2018 ◽  
pp. 123-133
Author(s):  
Zoran Poduška ◽  
Vlado Čokeša ◽  
Ivana Živanović

The paper presents the research results on conflicts in the forestry sector. The theoretical framework of the research is based on the belief that conflicts are a universal phenomenon. The basic constituents of conflicts are elements and aspects. The elements of conflicts are the substance, processes and relations between participants, which affect the social, cultural, institutional and economic aspects. They also include the aspect of natural resources, which is a feature of the forestry sector. Such a theoretical framework gave grounds for the analysis of employees' opinions about the type and significance and the stage in which the observed conflicts were. The opinions of the people employed in enterprises and organizations benefiting from state forests, protected areas and administrative state bodies in the forestry sector were collected through a survey. The data collected were processed using descriptive statistics. A lot of conflicting situations were identified and they were classified into 10 groups. The most serious one is the conflict between regular measures and works in the forest of nature protection. Nine participants were identified in these conflicts. It was found that some conflicts had been resolved, while some were in the latent phase, with the possibility to escalate.


2013 ◽  
Vol 3 (2) ◽  
pp. 319
Author(s):  
MSc. Ngadhnjim Brovina ◽  
MSc. Adnan Hoxha

It is rather clear that it is mandatory to understand the potentials of growth for any economy to grow. With globalization taking place, countries in general, have intensified their political, economic and social integration. Kosovo, as the youngest state in Europe, is about to transform from a devastated economy into a developing one. It has not yet been able to tap on its natural resources and neither of its potentials for a faster economic growth. Its backbone economic sectors such as agriculture, textile, mining and metal sectors are still on their initial stages of revitalization, while the privatization of the public companies has not met its expectations.Whereas, Kosovo is doing a better job on, as its international presence and subjectivity of its political status (Independence) is strengthened. More and more countries are recognizing it as a sovereign country, while the recent initiation of the Stabilization and Association Agreement with the European Union, Kosovo is undergoing through its structural reforms and alliance with the EU standards and regulations.The future of Kosovo, like of any country, will depend on the way that its human, financial and natural resources are utilized. On this regard, this paper is an attempt to explore the potentials of the economic growth on different political contexts that Kosovo has and is expected to undergo.


Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes

This chapter focuses on the torts—or civil wrongs—traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in Rylands v. Fletcher. It discusses and outlines statutory nuisance and various instances of statutory civil liability, some of which go beyond providing remedies for individuals and provide for wider environmental clean-up. Traditionally, private law has attempted to serve the function of controlling environmental damage. However, the chapter shows that the similarity is often superficial; the essential characteristic of private law is to regulate relationships between individuals by the balancing of individual interests. It concludes by briefly considering the EU Environmental Liability Directive, which has some similarities with private law remedies but is primarily an administrative mechanism for environmental remediation in defined situations.


2020 ◽  
Vol 69 (3) ◽  
pp. 685-717
Author(s):  
Phoebe Okowa

AbstractThis article examines the compatibility of the extraterritorial application of unilateral legislation with the project of international law. Focusing on two instruments, the Dodd-Frank Act passed by the United States Congress and intended to regulate the activities of US listed companies operating in the Congo and the EU conflict minerals legislation, the article challenges their underlying premises that revenues from natural resources perpetuate conflict and resulting human rights abuses. In so far as these instruments make no provision for meaningful participation by the foreign populations which are the objects of legislation, it is argued that there is a tension between these unilateral instruments and the basic premises of law-making in international law as a democratic enterprise centred around governmental representation. By exclusively directing sanctions and other disciplinary measures at rebels, both legislative instruments have the problematic effect of strengthening the exploitation of natural resources by kleptocratic regimes and undermining the right of populations in conflict zones to civil disobedience as an inescapable component of their right of self-determination.


Sign in / Sign up

Export Citation Format

Share Document