The Promise and Peril of Environmental Law: Challenges, Conflicting Objectives and the Search for Solutions

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

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THE NATURE OF LEGAL RESTRICTIONS IN ENVIRONMENTAL LAW

Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi - Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi ◽

10.33098/2078-6670.2019.8.20.142-150 ◽

2019 ◽

pp. 142-150

Author(s):

Galyna Moroz

Keyword(s):

Environmental Law ◽

Functional Results ◽

Environmental Safety ◽

Educational Process ◽

Practical Significance ◽

Practical Implementation ◽

The Status ◽

Environmental Requirements ◽

Content System ◽

Legal Restrictions

Purpose. The article is aimed at analyzing the general theoretical principles and the essential characteristics of legal restrictions in environmental law; defining category of “environmental legal restrictions”, their content, system and the status of the respective legislation. Methodology. The methodology consists in carrying out a comprehensive analysis of the provisions of environmental legislation and formulating relevant conclusions on this basis. During the research, the following methods of scientific research were used: terminological, systemic and structural, comparative legal, structural and functional. Results. The objectively determined necessity of unconditional adherence to the legally established environmental requirements, prohibitions and restrictions as well as their potential scientifically substantiated enhancement in order to achieve environmentally significant goals oriented towards the priorities of sustainable development is substantiated. Restrictive mechanisms are scattered across statutory and regulatory acts of different legal force and even different branches of law, therefore, the need for their systematization and unification as well as generalization of the experience of their practical implementation in order to establish a comprehensive system of environmental restrictions is discussed. In our opinion, the conceptual basis and general essential characteristics of public environmental requirements and restrictions should be reflected in the future Environmental Code of Ukraine. Scientific novelty. In the course of the research, the author defines restrictions in environmental law as a specific sectoral imperative mechanism for regulating relations in the field of environmental safety, which consists in systematically introducing legislation on imperative provisions of environmental law as well as establishing specific legal regimes and mechanisms for their application and implementation. Practical significance. The main conclusions can be used in law-making and law-enforcing activities, as well as in further theoretical and legal research and in the educational process.

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Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-1-66-69 ◽

2020 ◽

Vol 10 (1) ◽

pp. 66-69

Author(s):

Natalia Zhavoronkova ◽

Vyacheslav Agafonov

Keyword(s):

Russian Federation ◽

Environmental Law ◽

Point Of View ◽

The Arctic ◽

Arctic Zone ◽

Federal Law ◽

Biological Safety ◽

Legal Problems ◽

Potential Risks ◽

The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

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Individual Criminal Responsibility Under International Environmental Law

10.33812/1834-000-003-006 ◽

2015 ◽

pp. 195

Author(s):

Gassem Alfaleh

Keyword(s):

Criminal Responsibility ◽

Environmental Law ◽

International Environmental Law ◽

Individual Criminal Responsibility

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Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

Jurnal Suara Hukum ◽

10.26740/1.jsh.2019.1.2.5244 ◽

2019 ◽

Vol 1 (2) ◽

pp. 142

Author(s):

Saiful Kholik ◽

Imas Khaeriyah

Keyword(s):

Rule Of Law ◽

Local Governments ◽

Environmental Law ◽

Policy Formulation ◽

Marine Conservation ◽

Environmental Damage ◽

Conservation Area ◽

The Rule Of Law ◽

The Government ◽

The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

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