scholarly journals Advantages and Restrictions of Tort Law to Deal with Environmental Damages

2014 ◽  
Vol 38 (1) ◽  
pp. 111-130
Author(s):  
Pamela Carina Tolosa
Keyword(s):  
General Framework ◽  
Law And Economics ◽  
Environmental Law ◽  
Environmental Issues ◽  
Tort Law ◽  
Environmental Risks ◽  
Point Of View ◽  
Environmental Harm ◽  
Environmental Damages ◽  
Ex Ante

The idea prevailing in mainstream environmental law literature is that ex ante safety regulation is preferable to tort law remedies to deal with environmental issues. The main reason usually invoked to prefer ex ante regulation is that generally, tort law takes its part only after the harm has already been done; and that is considered not compatible with the objective of avoiding environmental harm. On the contrary, from the law and economics point of view, I will argue that tort law systems have some important properties that make it compatible with the goal of reducing environmental risks, and that it can be superior to ex ante regulation in avoiding environmental harm. Consequently, the purpose of this paper is drawing up a general framework to describe the relative advantages of tort law and their related conditions to deal with environmental harm.

Locating Nature: Making and Unmaking International Law: Introduction

2014 ◽  
Vol 27 (3) ◽  
pp. 571-572 ◽  
Author(s):  
KISHAN KHODAY ◽  
VANESSA LAMB ◽  
TYLER MCCREARY ◽  
KARIN MICKELSON ◽  
USHA NATARAJAN ◽  
...  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Sustainable Livelihoods ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Behavioural Patterns ◽  
The World

Environmental harm is of increasing concern to peoples and states all over the world, whether in relation to ensuring access to healthy air, water, food, and sustainable livelihoods, or coping with the diversity of challenges posed by changing climates and ecologies. While international lawyers have focused on crafting solutions to environmental problems, less attention is paid to the disciplinary role in fostering harmful and unsustainable behavioural patterns. Environmental issues are usually relegated to the specialized field of international environmental law. This project explores instead the role of nature in the general discipline, arguing that the natural environment is a determinative factor in shaping international law, and that assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, economy, property, and human rights.

scholarly journals Towards More Effective Environmental Risk Regulation

2021 ◽  
Vol 18 (1-2) ◽  
pp. 77-102
Author(s):  
Herman Kasper Gilissen ◽  
Elbert de Jong ◽  
Helena F.M.W. van Rijswick ◽  
Annemarie van Wezel
Keyword(s):  
Environmental Risk ◽  
Environmental Law ◽  
Management Strategies ◽  
Tort Law ◽  
Environmental Risks ◽  
Regulatory Effect ◽  
Risk Regulation ◽  
Complementary Role ◽  
Risk Management Strategies

Abstract The precautionary and prevention principles require that environmental risks should timely and adequately be regulated before potentially harmful activities are undertaken. The system of administrative environmental law provides ample instruments for such regulation. However, scientific uncertainties about environmental risks could complicate the formulation and implementation of effective environmental risk management strategies. This could lead to systemic imperfections and regulatory gaps which, in turn, undermine the system’s effectiveness and increase the need for regulatory ‘back-ups’. The system of private law is often seen as a potential back-up. In analyzing the complementary effects between both systems and using environmental risks of chemical mining activities in the (deep) subsoil as an example, this article concludes that the actual regulatory effect of tort law should not be overestimated. The complementary role of tort law in regulating environmental risks is mostly limited to the specification and on some occasions enforcement of environmental responsibilities.

Locating Nature: Making and Unmaking International Law

2014 ◽  
Vol 27 (3) ◽  
pp. 573-593 ◽  
Author(s):  
USHA NATARAJAN ◽  
KISHAN KHODAY
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Degradation ◽  
Environmental Law ◽  
Environmental Issues ◽  
Environmental Harm ◽  
International Environmental Law ◽  
Wealth Generation ◽  
The Relationship

AbstractThis article explores the relationship between international law and the natural environment. We contend that international environmental law and general international law are structured in ways that systemically reinforce ecological harm. Through exploring the cultural milieu from which international environmental law emerged, we argue it produced an impoverished understanding of nature that is incapable of responding adequately to ecological crises. We maintain that environmental issues should not be confined to a disciplinary specialization because humanity's relationship with nature has been central to making international law. Foundational concepts such as sovereignty, development, property, economy, human rights, and so on, have evolved through understanding nature in ways that are unsuited to perceiving or observing ecological limits. International law primarily sees nature as a resource for wealth generation to enable societies to continually develop, and environmental degradation is treated as an economic externality to be managed by special regimes. Through tracing the co-evolution of these assumptions about nature alongside seminal disciplinary concepts, it becomes evident that such understandings are central to shaping international law and that the discipline helps universalize and normalize them. By comprehending more broadly the relationship between nature and international law, it is possible to see beyond law's potential to correct environmental harm and identify the disciplinary role in driving ecological degradation. Venturing beyond the purview of international environmental lawyers, this article considers the role of all international lawyers in augmenting and mitigating ecological crises. It concludes that disciplinary solutions to environmental problems require radical departures from existing disciplinary tenets, necessitating new formulations that encapsulate rich and diverse understandings of nature.

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

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.

Reparation for Environmental Damage in Jus Post Bellum

2017 ◽  
Author(s):  
Ilias Plakokefalos
Keyword(s):  
Armed Conflict ◽  
Environmental Law ◽  
Shared Responsibility ◽  
Armed Conflicts ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Typical Situation ◽  
Sharing Responsibility

This chapter explores the problems that environmental damage in armed conflict pose to the determination of shared responsibility, and especially the determination of reparations, in the context of the jus post bellum. When two actors are engaged in armed conflict, there arise no serious issues as to sharing responsibility for violations. But the fact that modern armed conflicts often involve more than two actors (e.g. Libya 2011) complicates the matters arising out of environmental harm, as there may be two or more actors contributing to the same harmful event. This is a typical situation of shared responsibility. Shared responsibility provides that the problem of reparations for environmental harm is to be examined in situations where there is a multiplicity of actors that contribute to a single harmful outcome. This definition covers the breach of obligations under jus ad bellum and jus in bello, as well as under international environmental law.

Tort’s Indifference: Conformity, Compliance, and Civil Recourse

2020 ◽  
Vol 13 (1) ◽  
pp. 1-30
Author(s):  
Ahson Azmat
Keyword(s):  
Practical Reasoning ◽  
Tort Law ◽  
Point Of View ◽  
Reasons For Action ◽  
Internal Point ◽  
Loss Allocation ◽  
Fine Grained ◽  
Normative Force ◽  
Extensional Structure ◽  
Do So

AbstractLeading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and that its directives constitute reasons for action with robust normative force. Using the familiar question whether tort’s directives are guidance rules or liability rules as a lens, or prism, this essay shows how considerations of practical reasoning undermine one of CRT’s core commitments. If tort directives exert robust normative force, we must account for its grounds—for where it comes from, and why it obtains. CRT tries to do so by co-opting H.L.A. Hart’s notion of the internal point of view, but this leveraging strategy cannot succeed: while the internal point of view sees legal directives as guides to action, tort law merely demands conformity. To be guided by a directive is to comply with it, not conform to it, so tort’s structure blocks the shortcut to normativity CRT attempts to navigate. Given the fine-grained distinctions the theory makes, and with the connection between its claims and tort’s requirements thus severed, CRT faces a dilemma: it’s either unresponsive to tort’s normative grounds, or it’s inattentive to tort’s extensional structure.

scholarly journals Theoretical perspectives upon the return to work of cancer patients: The difficult path of integration in the organization

2015 ◽  
Vol 13 (2) ◽  
pp. 113-135 ◽  
Author(s):  
Radu-Ioan Popa
Keyword(s):  
Return To Work ◽  
Cancer Patients ◽  
General Framework ◽  
Well Being ◽  
Point Of View ◽  
Organizational Life ◽  
Theoretical Perspectives ◽  
Depth Analysis ◽  
Returning To Work

Abstract The present article follows an in-depth analysis of several relevant articles and major findings concerning the return to work of cancer patients, in various situations, from a manager and patient point of view, putting into discussion the effects and consequences of different factors that may influence the well-being of the patient at work and impact the organizational life. The concepts of returning to work and integration are scarcely analysed throughout the scholarly literature in the case of employees diagnosed with cancer, due to several reasons presented in the paper: from the complex topic of investigation that many studies fail to approach in terms of confidentiality, technical, ethical and moral grounds to the specific and difficult apparatus for research in the case of an even more complex, multiple instances and personalized manifestation long-term illness. In conclusion, the general framework solicits for a more integrated model of research and future multi-facet schemes for interventions, considering that there is a general consensus focusing on the need for connecting the health services with the employee and employer level, alongside stakeholders’ active participation.

scholarly journals GESTÃO AMBIENTAL NAS ORGANIZAÇÕES DA QUARTA COLÔNIADOI:10.5773/rgsa.v4i1.222

2010 ◽  
Vol 4 (1) ◽  
pp. 214
Author(s):  
Kleiton Douglas Saggin ◽  
Renata Gonçalves Rodrigues ◽  
Andréa Polidori Célia ◽  
Paloma de Mattos ◽  
Tânia Nunes da Silva
Keyword(s):  
Economic Growth ◽  
Environmental Management ◽  
Development Strategy ◽  
Environmental Law ◽  
Environmental Issues ◽  
Qualitative Approach ◽  
Structured Interviews ◽  
Environmental Practices ◽  
New Strategies

A reflexão sobre as práticas ambientais, em um contexto marcado pela degradação permanente do meio ambiente e do seu ecossistema, tem exigido novas posturas das organizações. Contudo, adotar a gestão ambiental como estratégia de desenvolvimento, contempla as necessidades das organizações em aliar crescimento econômico e sustentabilidade. Neste sentido, este artigo tem como objetivo identificar se existe a preocupação com as questões ambientais por parte das organizações da região da Quarta Colônia e se as mesmas adotam programas de gestão ambiental, analisando fatores que podem influenciar nas diferentes abordagens dadas ao tema. Para atingir o objetivo proposto, utilizou-se uma abordagem qualitativa em um estudo considerado exploratório e compreendido como estudo de caso. A amostra foi de cinco organizações da Região da Quarta Colônia onde foram realizadas visitas técnicas e entrevistas semi-estruturadas. Como resultado significativo do estudo, pôde se constatar que as organizações estudadas limitam-se apenas às exigências da legislação ambiental em vigor. Assim as organizações necessitam adotar novas posturas e um processo de atualização contínua que pode ser viabilizado pela gestão ambiental. Palavras-chave: Gestão ambiental; Quarta Colônia; organizações; desenvolvimento. Abstract The reflection about environmental practices, in a context marked by permanent degradation of the environment and its ecosystem, has required new strategies from the organizations. However, adopting environmental management as a development strategy satisfies the organizations needs to gather economic growth and sustainability. Thus, this paper aims on identifying whether the organizations from the Quarta Colonia Region are concerned about environmental issues and whether they adopt environmental management programs, analyzing aspects which can influence the different approaches applied to this issue. In order to reach such aim, a qualitative approach was used in a study considered exploratory and comprised as a case study. The sample consisted of five organizations from the Quarta Colonia Region where there were technical visits and semi-structured interviews. A relevant result of the study was that it was possible to observe that the studied organizations are restricted only to the operative environmental law requirements. Thus, organizations ought to adopt new emplacements and a continuous updating process, which can become viable through the environmental management. Keywords: Environmental management; Quarta Colônia; organizations; development

scholarly journals Políticas Ambientais: uma possibilidade de currículo

ILUMINURAS ◽  
2016 ◽  
Vol 17 (41) ◽  
Author(s):  
Jose Luis Abalos Junior
Keyword(s):  
Social Sciences ◽  
Environmental Issues ◽  
Environmental Risks ◽  
Social Anthropology ◽  
Ecological Citizenship ◽  
New Concepts ◽  
The Social ◽  
Important Approach ◽  
In Transit ◽  
Belo Monte

Este relato é fruto de reflexões que tive na graduação em Ciências Sociais e no Mestrado Acadêmico em Antropologia Social (PPGAS/UFRGS) nos quais me deparei inúmeras vezes com a reflexão da questão das políticas que envolvem a temática ambiental. Entendendo estas experiências como significativas para o desenvolvimento dos estudos ambientais dentro de perspectivas antropológicas, faço uma síntese sobre os principais conceitos a serem tratados em propostas como a de um currículo de estudo. Entre estes conceitos se inserem o de responsabilidade social e ambiental entrando no debate da conferência da ONU sobre “o futuro que queremos”. Riscos ambientais e contaminação também são categorias de importante discursão num programa desse tipo. O debate sobre políticas e democracia traz a tona a análise de políticas ambientais como a de Belo Monte. A contextualização de novos tipos de cidadania, como a ecológica, desperta atenção para novos conceitos como o de sustentabilidade e desenvolvimento sustentável. Esse modelo de trânsitos na política instiga novos debates como o de Conflitos e Justiça Ambientais. Assim como a política em transito adentra a discursão sobre o que são populações tradicionais. A Educação Ambiental aparece nesse sentido como uma dimensão político-pedagógica importante para o desenvolvimento de novos sujeitos capazes de pensar a “política do eu” e as “políticas da natureza”. Por fim, faço uma breve reflexão sobre a produção de uma antropologia vitalista em Tim Ingold relacionando com o rompimento de uma disciplinaridade, empreitada importante ao dialogarmos sobre políticas ambientais.Palavras-Chaves: Ambientalismo. Natureza. Currículo.Environmental Policies : A chance of curriculumAbstract This report is the result of reflections from the period of my undergraduated studies on Social Sciences to masters on Social Anthropology (PPGAS/UFRGS) during which I deal many times with the issue about policies that involve environmental issues. Understanding these experiences as significant for the development of environmental studies within anthropological perspectives, I make a synthesis of the main concepts would be treated in proposals such as a study curriculum. These concepts include the social and environmental responsibility add in the UN conference debate about "the future we want". Environmental risks and contamination are also important categories to discussion in this kind of program. Debate on policies and democracy brings out the analysis of environmental policies such as Belo Monte. Contextualization of new types of citizenship, such as ecological citizenship, arouses attention to new concepts such as sustainability and sustainable development. This model of transits in politics instigates new debates as Conflicts and Environmental Justice. Likewise, the policies in transit enter the discussion about what are traditional populations. In this sense, environmental education appears as an important political and pedagogical dimension to the development of new subjects able to think the “policy of self” and the "policy of nature”. Finally, I make a brief reflection on the production of a vitalist anthropology at Tim Ingold connected to a break of a disciplinary, important approach to dialogue on environmental policies.Keywords: Environmentalism. Nature. Curriculum. 

scholarly journals Aspek Hukum dalam Penyelenggaraan Bisnis Perhotelan

2020 ◽  
Vol 20 (3) ◽  
pp. 1033
Author(s):  
Hernawati RAS ◽  
Dani Durahman
Keyword(s):  
Law Enforcement ◽  
Environmental Law ◽  
National Development ◽  
Environmental Issues ◽  
Law Reform ◽  
Legal Certainty ◽  
Criminal Sanctions ◽  
Consumer Rights ◽  
Hospitality Business ◽  
Administrative Sanctions

The development of the law as part of a national development known as law reform is carried out thoroughly and integratedly. The hospitality business is growing rapidly as the economy develops, within the restrictions on the scope of the Hotel's business, there is a legal device that regulates the permit and protection of consumers. Hospitality businesses that do not have amdal permits Environmental law enforcement can be done by sanctioning administrative sanctions. Administrative sanctions, settlement of environmental issues outside the court and even criminal sanctions have been stipulated in Law No. 32 of 2009. The aspect of protection to Hospitality Consumers must be in accordance with the provisions of Law No. 8 of 1999, hospitality business must provide legal certainty in providing protection to consumers where currently there are still many hotels that do not provide information about consumer rights and obligations and the development of social responsibility (social responsebility). 

Sign in / Sign up

Export Citation Format

Share Document