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Importance of environmental laws and its application to environmental ethics
The proplem of environmental international laws
Easy on environmental law
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INTRODUCTION
The environment consists of ‘all, or any, of the following media, namely, the air, water and land’ as defined by the Environmental Protection Act of 1990, Section 1, of The United Kingdom (Kidd, 1997). The environment can thus be divided into three main components namely terrestrial, aquatic and atmospheric.
The environment can be further divided in to two classes, natural and unnatural environment. The natural environment refers to and includes all living organisms and nonliving things which occur naturally in the environment; as well as the interaction between these three components and which the earth sustains. The health of all three these components play a vital role in sustaining the earth’s organisms. The unnatural or built environment refers to an environment created by the hand and mind of man, one which is not of the natural environment.
DEFINITION
When each word is considered individually, Environmental Law refers to the legal services that are provided for environmental matters. In more detail the United Nations Environment Programme (UNEP) defines Environmental law as “a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seek to protect the natural environment which may be affected, impacted or endangered by human activities”.
To briefly discuss, there are numerous different sources of environmental law, these include International law; Common law; The Constitution; Statute law; Custom; and African customary law (Glazewski, 2003).
International law pertains to international conventions and international customary laws and is regarded as a distinct branch of international law. Common law pertains to the modern law...
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...e Polluter Pays Principle and Environmental Liability in South Africa. Mini-dissertation submitted in partial fulfilment of the requirements for the degree Magister Legum in Imports and Exports. North-West University, South Africa.
National Registry of Environmental professionals (NREP). https://www.nrep.org/history.php accessed on April 12, 2014.
Natural Resources Defence Council (NRDC). http://www.nrdc.org/reference/laws.asp accessed on April 12, 2014.
Rabie, M. A. 1976. South African Environmental Legislation. Vol.1. Institute of Foreign and Comparative Law, University of South Africa, University of South Africa. 199pp.
Tarlock, A. D. History of Environmental Law. Environmental Law and Their Enforcement, Vol. 1.
World Nuclear Association (WNA). http://www.world-nuclear.org/info/safety-and-security/safety-of-plants/fukushima-accident/ accessed on April 12, 2014.
Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
Solis, Hilda. “Environmental Justice: An Unalienable Right for All.” Human Rights 30 (2003): 5-6. JSTOR. Web. 13 February 2014.
Rule: National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 establishes that it is necessary to take actions to review and protect the environment mitigating any potential damages. Administrative Procedure Act ("APA"),
Environment - international agreements: party to: Antarctic Treaty, Biodiversity, Climate Change, Climate Change-Kyoto Protocol, Desertification, Endangered Species, Hazardous Wastes, Marine Life Conservation, Ozone Layer Protection, Ship Pollution, Tropical Timber 83, Tropical Timber 94, Wetlands
The Criminal Process in Environmental Regulation. (n.d.). UH Law. Retrieved April 6, 2014, from http://www.law.uh.edu/faculty/thester/courses/Environmental-Practicum-2014/syllabus/chap6.pdf
...ty. It is available to reflect the social values of a society such as new concepts of justice. The law Reform Commission of Canada is persistently submitting legal proposals that can be used to improve a society and it also serves as a crucial role to the structure of law and the government and the Canadian Criminal Justice System. A proposal that has drawn a lot of debate is the idea of whether environmental destruction and maltreatment should be criminalized. After examining the given themes, environmental harm should not be considered a crime. The undesirable outcomes of criminalizing environmental harm outweigh the positives of criminalizing such a reform. Although the environment affects people’s lives, so do the laws and regulations. This crime is too broad and may result in more harm than good in the Canadian society and the Canadian Criminal Justice System.
At the beginning of the semester, I thought that environmental justice was justice for the environment, which is true to a point, but I now know that it is justice for the people. Only when there is a people that have been wronged, usually using the environment as the the method of delivery, does it become an environmental justice case. Environmental justice ensures that all people, regardless of income level or race, have a say in the development and enforcement of environmental laws. It acts on the philosophy that anyone living on and in the land should have a say on how it is treated and used. Sometimes when developing legislature, the populations in mind are not all affected equally, and if said population
The 'Secondary'. Rule of Law and the Resource Curse: Abundance Versus Intensity. Environmental and Resource Economics, 43, 183-207. Karl, T. (2007). The 'Standard'.
An environmental policy refers to the commitment of an organization to the laws, regulations, and other policy mechanisms concerning environmental issues and sustainability. These environmental issues can pertain to anything from air and water pollution to deforestation and solid waste management. Today, we live in a world full of developing countries that face environmental issues and degradation every day. Yemen, known to be one of the least developed countries, is facing various environmental issues, as well as social and political challenges while on its way to development and becoming a much more stable country.
The development of environmental regimes involves a five-fold process. The first process is the agenda setting and issue definition stage, which identifies and brings attention to an issue to the international community. Secon...
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
Every nation has their own set of legal strategies they use to guide them in making important decisions. Each nation has its traditions and policies they follow. Through the world, there are two main types of legal systems that are used; most nations follow either common or civil law. Both the common law system and the civil law system share similarities in having courts, judges, and comparing cases to laws. While both systems share similarities, they also contain many differences, making them two very divergent legal systems.
* Shirk, Evelyn. “New Dimensions in Ethics: Ethics and the Environment.” Ethics and the Environment. Proc. of Conf. on Ethics and the Environment, April 1985, Long Island University. Ed. Richard E. Hart. Lanham: University Press of America, 1992. 1-10.
As human beings we have a responsibility to protect ourselves, each other and our environment. The term environment refers to a complex set of social/cultural conditions that affect an individual or community. However, there are events and processes that occur in the environment that human beings have no control over. Environmental science, the systematic study of processes and materials in our environment, identifies temperature, precipitation and humidity as a few natural conditions. Natural conditions force us to be reactive, while things that we can control, such as consumption and waste, allow us to be proactive.
Laws, especially environmental laws, should be created and put in place to prevent the massive and unsustainable use of resources in the environment. “Local-global relationships conducive to sustainability” (Braun, 2005: 640) should be developed and implemented world over to try to enforce and reinforce global, political and economic change towards sustainability.