PROBLEMS OF THE ENVIRONMENTAL LAW THEORY最新文献

AN OVERVIEW OF THE METHODOLOGICAL APPROACHES TO RESEARCH OF ENVIRONMENTAL LAW AND LEGISLATION 环境法律和立法研究的方法论方法概述

PROBLEMS OF THE ENVIRONMENTAL LAW THEORY Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-195-7/85-107

V. Sydor, I. Kostytska

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IMPACT OF THE ENVIRONMENTAL LAW DOCTRINE ON THE DEVELOPMENT OF THE STATE ENVIRONMENTAL POLICY AND LAWS 环境法学说对国家环境政策和法律发展的影响

PROBLEMS OF THE ENVIRONMENTAL LAW THEORY Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-195-7/54-84

H. Anisimova

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CONTENT OF HUMAN RIGHT TO FAVORABLE ENVIRONMENT IN GENERAL INTERNATIONAL LAW 一般国际法中享有良好环境权的内容

PROBLEMS OF THE ENVIRONMENTAL LAW THEORY Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-195-7/22-53

A. Getman, Y. Shchokin, Y. Hetman

{"title":"CONTENT OF HUMAN RIGHT TO FAVORABLE ENVIRONMENT IN GENERAL INTERNATIONAL LAW","authors":"A. Getman, Y. Shchokin, Y. Hetman","doi":"10.36059/978-966-397-195-7/22-53","DOIUrl":"https://doi.org/10.36059/978-966-397-195-7/22-53","url":null,"abstract":"INTRODUCTION The concept of international human environmental rights has been maturating gradually, as international cooperation practices of states in the field of conservation and rational use of natural resources accumulated and, in fact, as the theory and practice of international human rights protection advanced. The natural result of a gradual development of international legal commitments of states in the environmental sphere was formation of the right to a favorable environment as one of the fundamental international human environmental rights 1 . The modern doctrine of international law indicates that a general international consensus has been achieved only in regard to four kinds of environmental rights to: а) favorable environment; b) access to environmental information; c) public participation in environmental decisionmaking; and d) access to environmental justice 2 . These rights are regarded as a generally recognized international legal framework for a subsequent broad-scale development of the entirety of international human environmental rights. Thus, apart from the above-mentioned rights, the following rights are also identified: to health; to access to fresh water; property right to natural resources, etc 3 . The right to a favorable environment is a fundamental subjective human right. As А. М. Solntsev notes, its place in the system of human","PeriodicalId":295401,"journal":{"name":"PROBLEMS OF THE ENVIRONMENTAL LAW THEORY","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115370367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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SOCIOLOGICAL AND LEGAL PROBLEMS OF FORMATION OF ECOLOGICAL STATE 生态状态形成的社会学和法学问题

PROBLEMS OF THE ENVIRONMENTAL LAW THEORY Pub Date : 1900-01-01 DOI: 10.36059/978-966-397-195-7/2-21

V. Kostytsky

{"title":"SOCIOLOGICAL AND LEGAL PROBLEMS OF FORMATION OF ECOLOGICAL STATE","authors":"V. Kostytsky","doi":"10.36059/978-966-397-195-7/2-21","DOIUrl":"https://doi.org/10.36059/978-966-397-195-7/2-21","url":null,"abstract":"INTRODUCTION The modern American and European state, which in Ukraine was fairly called “civilized”, is essentially a liberal state, including Ukraine, which was incorporated into the essence of the state and the model of government by the parents of the Constitution of Ukraine in 1996, including the author of this article 1 . So far as, the content of the liberal model of the state, which is put into the Constitution of Ukraine as well, involves a number of important factors, in particular, the rule of law, the primacy of human rights and freedoms, proclaimed the highest social value. Here we also have the restriction of the state by law: the content and direction of the state’s activity determine the human rights and freedoms (Article 3 of the Constitution of Ukraine), bodies of state power and bodies of local self-government, their officials are obliged to act only on the basis, within the limits of authority and in a way, stipulated by the Constitution and laws (Article 19 of the Constitution of Ukraine). As a theoretical and methodological substantiation of what model of the state to replace the post-industrial state in the new world order, the advisability of combining the strengthening of state functions and the need to preserve liberal human rights and freedoms against the background of global environmental challenges, creation of an ecological state.","PeriodicalId":295401,"journal":{"name":"PROBLEMS OF THE ENVIRONMENTAL LAW THEORY","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125374129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0