2.1.” Environment”
It is important to have an understanding and definition of the term “environment”, in the legal sense in order to note the legal requirements necessary to conserve and protect it. As stated in the UNEP Judicial Handbook for Environmental Law, the environment can be defined as “natural and anthropogenic elements that are mutually interrelated and affect the ecological equilibrium and quality of life, human health, cultural and historical heritage and the landscape” (Shelton & Kiss, 2005).
2.2. Environmental Law
Environmental laws are the standards that are used by governments in an attempt to establish the correct and sustainable management of natural resources including environmental quality. The natural resources range from water pollution, air pollution, to agricultural and land use practices (Change & Program, n.d.). Environmental law includes regulations of resources conserving, pollution and
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It is because of this that agreements are made as a way of binding nations to certain types of behaviour regarding environmental issues. These agreements and treaties are loosely termed international environmental law (Botkin & Keller, 2014). The legal framework in South Africa must be understood in relation to international law. Putting in place domestic legislation which must incorporate international law principles, and an example of such as NEMA. International environmental law has developed many treaties to address all facets of protecting the natural environment (Shelton & Kiss, 2005). International law concerns agreements among different nations. Because the field of environmental law is transboundary international environmental law is necessary. The issue is that countries generally do not want to agree to any kind of responsibility to the environment because it is not in their economic self-interest to do so (Change & Program,
Australia being one of those nations has formed an agency call Australian Law Reform Commission, whose purpose is
The purpose of environmental justice is fair treatment for everyone. Everyone should have respect to environmental practice and regulations, regardless of the their nationality, income, religion, and ethnicity. “The environmental justice movement has the idea that poor people are more exposed to a greater pollution, hazards, and environmental degradation than richer people.” (Withgott & Laposata, 2012). For example, during 1989 Exxon Valdez, a disaster struck causing an oil tanker with 38-million gallons of oil to wreck at Prince William Sound’s Bligh Reef offshore of Alaska.
The inhabitants right to an “environment that is not harmful to their health and well-being” and the right to “ecologically sustainable development” is violated. Environmental ethics, on the other hand, is the area of applied ethics that discusses, reflects and reasons on normative measures (values, rules, norms, criteria) for dealing with non-human natural entities in a responsible way (Karafyllis 2013, p.292). In particular, it refers to the value that mankind places on protecting, conserving, and efficiently using resources that the earth provides. Simply put, environmental ethics poses the question - what, if any, moral obligation does man have to the preservation and care of the non-human
To rightfully evolve governance, we must look back on several ideas of jurisprudence that will celebrate diversity and recognize universal law should promote human behaviors that support the ecosystem. The Gaia theory imposes the idea of Earth being a single organism in itself which regulates its own environment and any interruptions to its cycles will cause the devastation of natural Earth. Humanity must reconsider its attempt to separate itself from the natural world and respect the environment and avoid waste or excess. It is importance we recognize or belonging to the ecosystem and become a universal network in order to preserve and protect the planet with depend on for
Mission Statement: The United States Environmental Protection Agency (EPA) serves as a means to help protect the health of all Americans and their environment. In their efforts to do so the EPA 's purpose is to protect U.S. citizens from being exposed to possible health issues in all aspects of their lives, whether it be at home, school, or even work. These efforts are being made all over the U.S. to try and reduce external costs on U.S. citizens, by using the best info available to the EPA about health risks. Not only is the EPA advocating for the protection of the environment, but U.S. policies are having a larger presence of reforms that concern every aspect of the environment, ranging from natural resources to energy and transportation.
This landmark symposium made the introduction of the federal government involvement in environmental regulation. In 1955 congress passed its first environmental legislation which was upheld and supported strongly by the public and improved science. After this huge merge the United States environmental protection Agency and the effective public policy toward the environmental were instituted. (Usepa,
The protection of environment is crucial to the wellbeing of this planet. The job of government is to protect and preserve the land on which its people live. However, there is a bill being considered that completely goes against this, one that calls for the eradication of the Environmental Protection Agency, a government program created to protect human and environmental wellbeing through their regulation of laws. I urge you to oppose bill H.R. 861 - the termination of the Environmental Protection Agency - because of the ways that the EPA protects air, water, and land.
There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.
International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century in Europe and is still used worldwide (Stratton, 2009). After the Second World War, international unity became very popular (Neff).
For example, the Convention on the Rights of the Child refers to the environment , article 24, requires States to pursue the full realization of the right of the child to the enjoyment of the highest attainable standard of health taking into consideration the dangers and risks of environmental pollution. Older human rights instruments that were adopted before the linkage between human rights and the environment emerged, do not explicitly refer to the environment; however they were interpreted in a manner that recognizes the environmental dimensions of protected rights. OVERVIEW OF LEGAL ISSUES – There are three main dimensions of the inter-relationship between human rights and environmental law (Protection): (i).
HISTORY OF ENVIRONMENTAL LAW IN INDIA Environment indubitably plays a vital role in our daily lives. Environment is being threatened with increasing technological advancement & industrialization. Hence, over the last few decades there has been increased awareness as to environmental protection. As a result of this, environmental jurisprudence in India has also seen a sea change.
The reading assignments for this week has been very educative about the environment and making it a better place for living. In this written assignment, I will examine some of the ethical issues related to population growth and their effect to the environment. Also, I will propose solutions to these problems base on the reading material available for this Unit. But before I continue, I wish to introduce us to environmental ethics and its definition which I think it is very important for us to understand so as to know our role to play in this beautiful planet. Environmental ethics is the discipline in philosophy that studies the moral relationship of human beings to, and also the value and moral status of, the environment and its non-human contents
International law is not law in the true sense of the term- Hobbes and Austin
Introduction: Our earth is the most precious gift of the universe. It is the sustenance of ‘nature’ that is the key to the development of the future of mankind. It is the duty and responsibility of each one of us to protect nature. It is here that the understanding of the ‘environment’ comes into the picture. The degradation of our environment is linked with the development process and the ignorance of people about retaining the ecological balance.
EIAs promote the development that is sustainable and maximizes the usage of resources and management opportunities (Glasson, 1999). EIA is recognized internationally as an imperative tool to be used in guiding individuals on the path to sustainable development. Therefore, a crucial purpose of an EIA is to promote environmentally sound and sustainable development through the identification of appropriate enhancement and mitigation measures (UNEP, 2002). EIA has to ensure that development proposals do not challenge critical resources and ecological functions, welfare, lifestyle and livelihood of the communities and people who depend on them (UNEP,