Environmental security as an international legal category

V. Polych
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Abstract

Problem setting. The problem of environmental security has gone beyond national borders and acquired a planetary character. If before the issue of ensuring the environmental security of countries was solely their internal affair, over time, state borders from an environmental point of view gradually lost their importance, became transparent. Analysis of recent researches and publications. The study of theoretical or some practical aspects of the legal nature of environmental safety were engaged in domestic and foreign scientists, among which are the works of: A.P. Hetman, H.V. Anisimova, G.I. Balyuk, S.A. Bogolyubova, M.M. Brinchuk, I.I. Karakash, T.G. Kovalchuk, V.V. Kostytsky and others. Target of research is to determine the essence and features of environmental safety as a legal category in terms of international law. Article’s main body. The article examines the definition of «environmental security» as a legal category. Its legal nature and its connection to international security are being established. In particular, environmental security as a legal category is considered from two points of view, as a certain state of protection of a person from threats caused by an thropogenic impact on natural objects, and as a system of legal instruments regulating the use of natural resources for their protection, as well as prevention and counteraction to threats that have a detrimental effect on the environment. Through the analysis of international legal acts, modern approaches of the international community to ensuring environmental security are determined. The international mechanism for environmental security is constantly evolving, it should be recognized that it is unfortunately not perfect and is not able to fully solve today's environmental problems, as well as to prevent an environmental catastrophe on a global scale. By concluding international agreements alone, it is impossible to ensure effective protection of all elements of the natural environment. Conclusions and prospects for the development. Therefore, it is important to consolidate the efforts of all participants in international communication in developing common approaches to solving this problem and actively using numerous international treaties and soft law instruments, best national practices, and involving civil society.
环境安全作为一个国际法律范畴
问题设置。环境安全问题已经超越国界,具有全球性。如果说以前确保各国环境安全的问题仅仅是它们的内部事务,那么随着时间的推移,从环境的角度来看,国家边界逐渐失去了重要性,变得透明。分析最近的研究和出版物。国内外科学家对环境安全法律性质的理论或某些实践方面进行了研究,其中有:A.P. Hetman、H.V. Anisimova、G.I. Balyuk、S.A. Bogolyubova、M.M. Brinchuk、I.I. Karakash、T.G. Kovalchuk、V.V. Kostytsky等人的著作。研究的目的是确定环境安全作为国际法法律范畴的本质和特征。文章的主体。本文考察了“环境安全”作为法律范畴的定义。目前正在确定其法律性质及其与国际安全的联系。特别是,作为一个法律范畴的环境安全可以从两个角度加以考虑,一是保护个人免受人为对自然物的影响所造成的威胁的某种状态,二是作为一种法律文书制度,规范为保护自然资源而使用自然资源,以及预防和对抗对环境产生有害影响的威胁。通过对国际法律行为的分析,确定了国际社会保障环境安全的现代途径。环境安全的国际机制正在不断发展,应该认识到,不幸的是,它并不完美,不能充分解决今天的环境问题,也不能防止全球范围的环境灾难。单靠缔结国际协定是不可能确保有效保护自然环境的所有要素的。结论及发展展望。因此,必须加强国际交流所有参与者的努力,制定解决这一问题的共同办法,积极利用众多国际条约和软法律文书、最佳国家做法,并让民间社会参与进来。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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