It's nice to go outside and breathe clean air, drink clean water and be in an environment free of toxins and pollutants. This is a completely normal human desire. What is a system of environmental law, what are its sources and basic principles? The elimination of problems associated with the quality of air, water and land has led to the adoption of environmental legislation aimed at protecting the environment from harmful effects.
What is environmental law? The concept
Environmental legislation includes a number of laws, policy decisions and procedures applied by various institutions to protect the environment. The Environmental Law often overrides other laws to act as an additional layer of legal protection. Polluted air, chemical spills and the harmful use of land are just a few examples of how industry can negatively impact our natural environment.
The environmental law system is designed to protect our scarce natural resources and natural conditions, such as land, air and water. It may seem that people become concerned about the industrial impact on the environment only for a short period of time. Environmental legislation is a combination of many laws and regulations aimed at protecting the environment from harmful effects.
Environmental legislation
Environmental legislation is a collection of laws and regulations regarding air quality, water quality, wildlife, endangered species, and other environmental factors. The scope of environmental legislation covers many laws and regulations, but they all work together towards a common goal that regulates the interaction of man and the natural world in order to reduce environmental threats and improve public health.
As you can imagine, environmental legislation is a fairly broad topic, mainly because the natural environment covers so many different aspects. So, laws in an environmental law system must take into account everything from the air we breathe to the natural resources we rely on. And also include plants and animals that share this world with us. To better understand this phenomenon, let's look at an example.
Suppose an energy company wants to build a coal-fired power plant to create electricity for the community. Where should this power plant be built? What pollution can occur as a result of burning coal, and what measures should be taken to control harmful emissions? If a power plant is built on the outskirts of the city to reduce air pollution for the population, how will it affect the smaller species that inhabit the land on the leeward side of the plant? All of these considerations should be evaluated under the law on environmental protection.
Environmental Compliance
The debate about how to maintain air and water quality is not new. These topics, along with many other environmental issues, have been subject to laws for thousands of years. There is evidence of early Roman law regarding water and wastewater treatment. They paid much attention to sewage networks and the wide distribution channels of fresh water.
Along with increased production and industrial activity, serious environmental concerns have now arisen. A new awareness helped establish the beginning of environmental legislation.
Global issue
Environmental issues can get a lot of attention these days, but they are not new. As early as the first century AD, people were concerned about environmental health. They did not have cars emitting greenhouse gases into the air or massive oil spills in ocean waters. But they had problems, such as air pollution from wood smoke, which made them complain about their government officials and ask them to find solutions.
Today, with more than seven billion people living on Earth, things like air and water pollution, resource allocation, habitat destruction, and the burning of fossil fuels are causing environmental problems at a whole new level. Our consumption and use of resources have reached unprecedented levels, which, in turn, has led to an increase in the number of environmental policies and regulations around the world.
Environmental policy
Policies regarding human interactions with the environment are aimed at regulating resources and reducing pollution. The rules are designed in such a way that they contribute to the well-being of people and the protection of natural resources. The environmental law system provides for international cooperation. There are many laws in international environmental legislation on environmental protection, including air and water pollution by gases and toxic substances.
- Air pollution is one of the most important environmental issues that we face today. Good air quality is essential for a good quality of life. And since we all share the same air, this definitely qualifies as a problem requiring international cooperation.
- Fishing and oceans. Pollution occurs not only in the air. Water covers about 70% of the Earth’s surface and provides housing for a significant part of the world's living organisms, which is why it is an important international resource for protection. There are several basic laws in international environmental law regarding marine pollution and resource protection.
Environmental protection
Environmental legislation is the basis for environmental sustainability, and the full realization of its goals is increasingly relevant due to increasing pressure on the environment. Violations of environmental law standards undermine the achievement of all aspects of sustainable development and environmental sustainability. The United Nations Environment Program (UNEP) deals with environmental issues at the global and regional levels.
Its main goals are to serve as an authoritative supporter of the global environment, to support governments in setting a global environmental agenda and to promote the harmonized implementation of environmental law principles in the context of sustainable development within the UN system. One of its key mandates is to promote the development and implementation of international environmental law.
Although most laws are designed to protect the environment, some of them are designed to control human use of natural resources by creating an environmental approval system. The main source of environmental law is legislation. Sustainable development is an important concept in the field of environmental law.
Entrance to the international level
Effective environmental protection requires action at the international level. For this reason, the fields governed by international law also include international environmental law, which is intended to protect the global environment. Global environmental problems cannot be solved only by national environmental standards.
Relevant legal sources are customary law, general international legal principles of environmental law and agreements under international law. At the international, regional or bilateral level, there are many environmental agreements that deal with specific aspects of environmental protection or other issues that include minor aspects related to environmental protection. In addition to states as the main subjects of international law and international organizations such as the UN and the Council of Europe, non-governmental organizations play an increasingly important role in international environmental protection.
Fundamentals of Environmental Law: Conventions and Agreements
The first regulatory approaches can also be seen in the law on the protection of biological diversity (Convention on Biological Diversity). Research and methods for studying the subject of environmental law have become more diverse. The study and development of environmental law no longer simply interprets legislation, but also encompasses human behavior and how it can be influenced through environmental regulation.
There are a number of agreements related to geoengineering in the international source of environmental law. For several years, parties to the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Materials and the relevant London Protocol have been studying the control of ocean protection activities. Today there are new approaches to direct regulation in international environmental law.
Changing of the climate
Climate change is one of the biggest challenges of today. Humanity has traditionally adopted two different strategies to combat climate change: reducing greenhouse gas emissions and adapting to inevitable climate change. For some time more and more attention has been paid to ideas and proposals aimed at combating climate change, using technological means to influence global systems.
All over the world, people are threatened by serious environmental changes that force them to migrate. Their numbers will increase in the future, especially as a result of climate change. International law is currently addressing the phenomenon of “environmental migration” and interested people, as well as what means exist to improve the situation.
Non-governmental organizations, such as the World Wide Fund for Nature or the environmental organization Greenpeace, seek to influence governments and institutions mainly through public relations. In some cases, they also have observer or consultative status at international conferences or procure information for dispute resolution procedures.
Legalization of fees for the use of global environmental goods
Oceans and airspace are classic examples of open access products. Anyone can use them - almost without limits and for free. Open access products are not subject to the sovereign authority of individual states. To date, international agreements provide a very inadequate regulation of the right to use these goods.
However, more and more planes are crowding the sky, and shipping on the world's oceans is growing. The result: environmental pollution - for example, emissions of greenhouse gases that are harmful to the climate. Pollution does not stop at national borders; its effects are global. Direct pollutants currently do not pay subsequent costs. Various financial policy instruments are being discussed to change this. One such tool is the introduction of usage fees at the international, European and national levels.
The goal of such fees is to control the volume of traffic and to promote the development of more environmentally friendly technologies. It would be possible to consider the issue of imposing surcharges on airline tickets or freight charges, payment of water and port charges, and target expenditures on motor fuels. How should such usage charges be legally developed? The study, “Legal Aspects of User Charges for Global Environmental Products,” explores the legal framework and sets out specific proposals.
New types of environmental regulation
Living in a competitive society means that companies make increasingly important environmental decisions based on financial goals. It is very difficult to draw a line between private and public - therefore, we need new types of environmental regulation and standards. “Enterprises are looking for financial sustainability, which is only possible if local communities approve of the activities necessary for profit,” said Kai Kokko, professor of environmental law at the University of Helsinki.
“Financial sustainability requires social and environmental sustainability. This is sometimes called a social work license. ” Legislation on environmental law alone is not enough to protect the environment. Companies are increasingly adopting their own rules and standards that define their activities towards sustainable development. This means that environmental regulation includes self-regulation by companies.
When making practical decisions, it is important to know the concept of environmental law and the general system of environmental regulation, including self-regulation and legislation. We must recognize the key concepts, the importance of basic environmental legislation, the principles of environmental protection, as well as central standards and regulatory tools. International cooperation is key to environmental protection.
Cause for concern
Climate change and the loss of biodiversity are cause for concern throughout the world. Objects of environmental law may affect the future development of climate and nature in the world. International cooperation and agreements, as well as national rules, are crucial. All these levels of regulation are necessary; voluntary measures are not enough. Traditional legislation is crucial along with self-regulation.
The European Union is committed to maintaining a high level of environmental protection and sustainable development. Development must be sustainable, not only financially, but also socially and environmentally. Sustainable development must meet current requirements without risking the ability of future generations to meet their needs. Regulation of environmental law combines different views. It should be possible to use regulation in various ways.
For public administration, regulation is a tool used to implement environmental policy, but it also has other functions. For example, this can help coordinate the interests of different parties in the urban planning process. Courts also provide legal protection to owners, operators, and neighbors and resolve environmental conflicts. In addition to protection, it is important to provide the necessary working conditions. The regulatory system should be consistent and clear.