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importance of environmental laws and its application to environmental ethics
the proplem of environmental international laws
Eassy 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.
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"),
Case law/Common law – body of law developed over time by higher courts. Laws are c...
1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case.
Mohai, P., Pellow, D., & Timmins, R. J. (2009). Environmental Justice. Annual Review of Environment and Resources , 34, 405-430.
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.
Wild Law: A manifesto for Earth Justice is a book by Cormac Cullinan that proposes recognizing the natural order of communities and ecosystem from a legal prospective. He attempts to show an integration of different fields of study like world politics, Environmental legal theory, physics and how teachings from the ancient world can create an appealing notion for the need for change in today’s environmental understanding. This book has been influential in informing and inspiring the global movement to recognise rights for “Mother Nature”. This movement Cormac Cullinan preaches is destined to shape the 21st century as significantly as the human rights movements shaped the previous century.
Human rights cannot be secured in a degraded, polluted environment. The right to life is threatened by soil degradation, exposure to toxic waste chemicals and contaminated drinking water. Environmental conditions determine the extent to which people enjoy their basic rights. People who pollute or destroy the natural environment are committing a crime against nature and violating human rights (Beder, 2006). Human rights are interdependent and interrelated. Ensuring that the air and water is clean can prevent the loss of lives. Taking care of the environment can reduce child mortality and increase life
The explosion of environmental degradation over the forty years has given rise to the field of environmental law. The reduction in pollution emissions in various countries is usually credited predominantly to the government regulation. Government today tends to administer “hazardous wastes, water and air pollution, species extinction, ocean dumping, oil pollution and toxic spills”. The various forms of government regulation came in existence only after 1970. Before this time, tort laws provided a means to address various environmental injuries for many centuries.
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
International law has been regarded throughout history as the main system of rules regulating players of the international community, it applies to all states and imposes specific obligations and rights on nations, just as domestic law imposes them on individuals. Its purpose is similar to that of domestic law that is to eliminate chaos in the International community and set standards of behavior which states must follow in their dealings with each other.
Environmental sustainability is making decisions and taking actions in the interest of protecting the natural world, preserving the capability of the environment to support human life and ensuring that humans use the environment in a way that does not harm the environment. It also questions how economic development affects our environment vice versa.
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...
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.