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1
Håkansson, Jenny. "Use of waste ash : effects of the law." Thesis, Linköping University, Department of Thematic Studies, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2522.
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This study is a comparison of Swedish and Danish legislation on recycling of MSWI (Municipal Solid Waste Incineration) residues for construction purposes. The aim has been to look for differences and figure out whether these could be a reason for the minor use of MSWI ashes in Sweden compared to Denmark. To do this, text analysis has been performed on Swedish and Danish environmental legislation with focus on recycling of incineration ashes for constructions.
In Denmark, use of incineration ashes was very common and large amounts were recycled during the 1980’s and 1990’s. The new legislation, more similar to the Swedish in terms of an increased need for assessments along with tightened limits for hazardous substances, has diminished the use.
This shows that changes in Danish legislation towards the Swedish complicate the use of incineration ashes. Thereby the minor use of ashes from MSWI in Sweden could, at least partially, be explained by differences in Danish and Swedish legislation.
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Ellis, Jaye. "Soft law as topos : the role of principles of soft law in the development of international environmental law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=37857.
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This dissertation addresses the impact of principles of soft law on the development of international regimes for environmental protection. It focuses on three such principles that have attracted a certain degree of consensus in international environmental law and are therefore influential in international environmental regimes: namely, the principle of common but differentiated obligations; the principle of common heritage of mankind and its corollary, the principle of common concern of humankind; and the precautionary principle. The regimes analysed are the Antarctic regime, the regime for control of trade in endangered species, the regime for protection of the stratospheric ozone layer, and the emerging regime governing conservation and management of straddling fish stocks. It is argued that these principles influence normative development in international environmental regimes through processes of discourse in which participants, both state and non-state actors, seek to determine the rules by which their mutual relations will be governed and their common interests protected. Such discourse also connects the evolution of legal rules with a broader set of concerns relating to the interest of human communities in achieving a certain level of environmental protection. In this respect, the legal rules may be contemplated within a moral framework in which members of international society seek to determine what they ought to do with respect to global environmental protection.
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Vedder, Hans Hermann Bernard. "Competition law and environmental protection in Europe towards sustainability? /." Groningen : Amsterdam : Europa Law Publishing ; Universiteit van Amsterdam [Host], 2003. http://dare.uva.nl/document/67768.
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West, Thomas Ernest Riversdale Barker. "Human and nonhuman rights approaches to environmental protection." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/43241/.
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This thesis is concerned with the legal theory behind environmental rights. There are a number of different approaches that deploy rights as a mechanism to bring about environmental protection within international law, all of which can be termed ‘environmental rights’. These include a human right to a healthy environment and procedural environmental rights. But there are also theories that support a more innovative or extensive use of legal rights for protecting the natural world. Notably, many of these theories concern the introduction of nonhuman rights (animal rights or rights of nature). This thesis investigates the theory behind and the practical structure of these various approaches, as well as analysing the very concept of ‘rights’. The original contribution to knowledge is threefold. I present a case for a human right to a healthy environment to be defined broadly: measured according to human and ecosystem health, and conceived as a right of both individuals and peoples; I rigorously apply both Interest Theory and Hohfeld’s analysis of rights to human rights and thus construct a clear model for the structure of the sort of rights found in human rights (termed ‘vital rights’); and I extend the philosophical theory behind human rights (and in particular the concept of dignity) towards the growing field of rights of nature. Considered holistically, the thesis presents and suggests modes of thinking that seek to soften the divide between humanity and nature. This is done through a consideration of lived experience as always already ecologically embedded. As a result, the subject of vital rights (human rights included) should be understood as ecologically embedded living beings, opening the door to both nonhuman rights and new fields for human rights.
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Lawton, Amy. "Environmental taxation as a form of environmental protection : exploring the carbon reduction commitment." Thesis, University of Birmingham, 2018. http://etheses.bham.ac.uk//id/eprint/8491/.
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This thesis looks at the Carbon Reduction Commitment (CRC) Energy Efficiency Scheme. This is a green tax on energy consumption that targets large businesses not already covered by the EU ETS or CCAs. The CRC has been reformed on numerous occasions and will now come to an end in 2019. Importantly, the CRC has received relatively little academic attention, especially in legal scholarship. Drawing upon 31 original, semi structured interviews with regulatees, solicitors and the Environment Agency; and a quantitative analysis of emissions under the scheme, this PhD will begin to tell the story of how the CRC has been perceived by those who pay it. This is an account of how different regulatory aspects send deeper messages to regulatees. In particular, this thesis considers: stability; competence of the regulator; nudging; positive incentives; and the efficiency of the CRC. As such, this thesis draws on a wide range of literature in order to analyse the above themes in light of the original data from the empirical study. This thesis concludes that how regulation is packaged and presented to regulatees is critical and can affect how they engage with a regulatory scheme such as the CRC.
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Suwonnawong, Pakatida. "Legal safeguards for environmental protection in transboundary movements of E-waste." Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-96029.
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Krause, Tanya. "EU Competition Law and Environmental Protection : Are environmental benefits considered in the assessment of Article101 TFEU?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-86505.
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Theil, Stefan. "Towards the environmental minimum : an argument for environmental protection through human rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/271827.
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Chapter one offers an introduction and a general outline of argument. Chapter two lays out the current scholarship on human rights and the environment and presents rejoinders to three prominent lines of objection to linking human rights and environmental interests: conceptual, those arising from issues of recognition, vagueness and conflicts between human rights, ecological, especially from those seeking protections for the environment regardless of its utility to humans, and those wishing to expand human rights beyond human interests, and adjudication concerns, namely from those sceptical that the polycentric nature of environmental issues create an insurmountable barrier to any significant improvements through judicially enforced human rights. Chapter three introduces and defends the environmental minimum as a normative framework for systematically conceptualizing the relationship between human rights and the environment. As such, it is chiefly concerned with ensuring a good faith regulatory engagement with environmental pollution: specific risks to recognised human rights trigger the environmental minimum, which then provides minimum standards (legal, established and emerging) that set the standard of review for determining whether a violation of human rights has occurred. Chapter four deals with the crucial empirical argument, outlining how the framework can systematically account for and consistently guide the further development of the case law under the European Convention on Human Rights. This conclusion rests on a comprehensive analysis of the environmental case law since 1950 using quantitative methods to expose doctrinal patterns previously not recognized in legal scholarship. Finally, chapter five explores and evaluates the potential benefits of the environmental minimum framework beyond human rights adjudication. Specifically, it investigates benefits to the varied fields of public law, regulatory policy, International Environmental Law, constitutionalism, and other international human rights treaties.
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Khumalo, Jan Lekopane. "Overview of the National Environmental Management Act 107 of 1998." Thesis, University of Limpopo (Turfloop Campus), 2011. http://hdl.handle.net/10386/497.
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Ludwig, Grit. "Auswirkungen der FFH-RL auf Vorhaben zum Abbau von Bodenschätzen nach dem BBergG /." Baden-Baden : Nomos, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/494485922.pdf.
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Chiarolla, Claudio. "Intellectual property and environmental protection of crop biodiversity under international law." Thesis, Queen Mary, University of London, 2009. http://qmro.qmul.ac.uk/xmlui/handle/123456789/446.
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In agricultural research, plant genetic resources (PGR) are “non-traditional infrastructural resources”, which may generate higher social value and positive externalities if they are managed in an openly accessible manner. The privatisation of crop biodiversity is based on the assumption that the internalisation of these externalities is the panacea to fostering private research investment. However, if the domestic plant breeding and biotechnology capacity is limited, the above normative approach may fall short of expectations because the social costs of establishing or strengthening exclusion rights are higher than their social benefits. The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is the only international agreement whose normative approach reflects in part this economic reality. However, its constructively ambiguous intellectual property rights-related provisions do not effectively fence off crop biodiversity from private appropriation. Besides, the desire of most countries not to prejudice the negotiation of an international access and benefit sharing regime under the UN Convention of Biological Diversity may prevent the extension of the ITPGRFA’s “commons” management principles to a larger number of essential food crops. The scope of this study, which focuses on PGR and agricultural innovation, derives from the paramount importance that both the design and allocation of rights in these areas might have for global food security. The innovation system perspective shows that social and economic development depends on the institutional context in which technological change occurs. Finally, the study of the transition between property regimes shows that the global reform of the institutional arrangements, which govern the present and future allocation of wealth from agriculture, is insufficient to achieve international equity so as to meet the target of reducing the proportion of people who suffer from hunger in accordance with goal 1 of the Millennium Development Goals.
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McKenzie, Fiona G. "Health and environmental protection in international trade law : bridging the gap." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/24153.
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The international trading system has a role to play in ensuring that its primary objective of trade liberalisation does not come at the expense of environmental and health concerns. The goal of this thesis is to evaluate the efforts that have been made by the WTO to integrate environmental/health issues in the international trade system and to propose ways of achieving greater linkage between these areas by performing both a legal and economic analysis of the subject. The various ways in which linkage occurs in the WTO are analysed, in particular, through the exceptions to the most-favoured-nation standard contained in Article XX of the General Agreement on Tariffs and Trade, the Sanitary and Phytosanitary Agreement and Technical Barriers to Trade Agreement, scientific assessments, the acceptance of eco-labelling initiatives, the interpretation of WTO rules in the light of rules of public international law, the incorporation of environmental principles and overarching norms, as well as the coherence between the TWO and multilateral environmental agreements. The WTO’s legislative arm and the Dispute Settlement Body (DSB) are both crucial in providing coherence between environmental/health and free trade goals. It is argued, however, that linkage through the legislative arm would enable WTO members to retain more control over the WTO agreements and achieve the highest degree of coherence between environmental/health protection and free trade goals despite the fact that due to the high transaction costs of clarifying existing rules or devising new ones, linkage through the interpretations given by the DSB is a less burdensome way of filing the gaps of an incomplete contract. Although coherence between environmental/health and free trade goals can and should be increased, it is concluded that it would be unrealistic to expect that the international trading system achieve a degree of linkage that is acceptable to all WTO Members in all circumstances. In this respect, the question of whether Members should be able to maintain WTO inconsistent measures, if compensation is paid or if concessions are suspended or withdrawn is examined.
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Garnjana-goonchorn, Intu-on. "The WTO Agreement on Technical Barriers to Trade and Environmental Protection." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/43589/.
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Orie, Kenneth Kanu. "Legal aspects of groundwater quantity allocation and quality protection in Canada." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=41192.
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Groundwater quantity allocation and quality protection in Canada largely proceed in a fragmented fashion. Each jurisdiction pursues the management of its water resources and the aquatic environment separately as well as independently of other jurisdictions. This approach is at odds with the unity of the natural environment and the inter-connectedness of groundwater resources.The challenge facing Canada is to make the law recognize and be more responsive to the unity of the aquatic environment and water resources. An active federal role in uniting and coordinating the efforts of the provinces in this regard is crucial if this challenge is to be met. However, since the constitutional division of powers in Canada encourages a fragmented approach to managing environment and water resources, the federal government is incapacitated, purely on a legal score, with respect to pulling together the efforts of the provinces. A cooperative approach, based on political rather than legal coordination, is therefore, the most realistic option for the federal government to meet the challenge.
In this work, the writer examines the various areas for federal-provincial cooperation regarding groundwater allocation and protection. Such institutional integration or cooperation cannot be effective unless groundwater is addressed together with the other component of the hydrologic cycle, namely: surface water and the ecosystem they support. At the same time, in adopting an integrated hydrologic cycle approach, specific groundwater management strategies canvassed in this work must be taken into account if groundwater is to be more efficiently allocated and protected. Pursuant to these considerations, this writer is of the opinion that groundwater resources in Canada should be managed in a way that meets both present and future needs of Canadians, thus in a sustainable fashion. This can best be achieved if resource management relies upon a combination of contaminant-focused and resource-focused approaches adopted under unified federal-provincial efforts as well as under an integrated hydrologic cycle management.
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Short, David 1972. "Assessing the utility of a human rights approach to international environmental protection." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23966.
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There is a growing awareness of the inadequacy of the traditional framework of international law as a means of dealing with current environmental problems. This has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns.This thesis undertakes a critical assessment of a human rights approach to environmental protection, with the aim of suggesting ways in which it could realistically contribute to the protection of the global environment. I consider how the environment may be protected both through the application of presently accepted human rights and through the establishment of a new human right in relation to the environment. I highlight the objections that are raised from both a human rights perspective and an environmental perspective and examine the substantial conceptual and practical difficulties that are encountered. I ultimately attempt to show that although a human rights approach has serious limitations and is unlikely to fulfill the aspirations of its promoters, it does have modest value as one strand of a much wider strategy for environmental protection under international law.
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Amos, Robert. "The protection of plants in international law, theory and practice." Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/71815/.
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This thesis provides a comprehensive overview of international environmental law as it relates to plants. In doing so, it offers new perspectives on some of the key debates in the law, as well as on humanity's relationship with the natural world. The first part of the thesis looks at the philosophical rationales for giving legal protection to plants. Drawing on the literature relating to value, different interpretations of the value of plants are identified, including instrumental, intrinsic and ecological. Each interpretation is then tracked in international conservation law and policy. An almost exclusively anthropocentric picture is revealed, and the implications of this for conservation policy and practice are discussed. Attention then turns to global and regional approaches to protecting plants. First, the construction and content of key legal agreements are assessed against a range of criteria for effectiveness. Second, an analysis of the design and form of conservation mechanisms is conducted, focussing on the extent to which protected areas reflect the ecological needs of plants and the representativeness of lists of protected and endangered species. In each case the law is found to fall short, and proposals on how to address this are given. In the third part of the thesis, how the law responds to some of the main threats to plants, namely climate change, international trade and alien/invasive species, is considered. Each impacts on plants in different ways and has been subject to very different legal responses. In each case, however, weaknesses can be identified that undermine the law's ability to adequately protect plants. Finally, the extent to which the law supports and frustrates the work of conservation practitioners is examined. As well as offering practical reforms to make the law a better tool for practitioners, consideration is given to wider governance reforms to international environmental law.
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Sisilana, Mzubanzi. "‘Public participation and environmental law: A South African perspective’." University of Western Cape, 2019. http://hdl.handle.net/11394/7591.
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Magister Legum - LLMThe Constitution of the Republic of South Africa ‘despite being one of the world’s most liberal constitutions, South Africans still have no transparent and participatory mechanisms for deciding democratically on the uptake of new technologies or development projects, even those which impact on millions of lives and livelihoods. There are limited opportunities for intervention in very circumscribed public participation processes, which are often derisory in the sharing of any sovereignty with citizens in the name of producing better public policy. When citizens are left out of debates confined to government and the business community, the only means of influencing policy is to petition, protest, or litigate, usually after the horse has bolted.’ Public participation is a very delicate issue in South Africa due to the history of the exclusion of certain people from the process of governance. When governments and business sectors make decisions about land development and natural resources, they certainly impact on the health, livelihoods and quality of life of local communities.
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Bienemann, Christian. "Civil liability for environmental pollution : different regimes and different perspectives." Thesis, University of Aberdeen, 1996. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=114459.
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The environment is at risk not only from disastrous accidents, but also from the insidious contamination by lesser incidents and from events whose significance is unacknowledged or even unrecognised at the time. Major incidents attract instant public concern and demands for clean up and prevention. Historical and gradual contamination do not often make headlines but may have effects which equally require curative and preventive action. The costs of curative and preventive actions may reach considerable dimensions. These costs have to be provided by parties responsible for or related to the damage. Predominantly it is the role of the civil law to give redress to those who may have suffered as a result of environmental damage. The development of civil liability for environmental pollution has been traditionally marked by the recognition of different liability regimes. However, none of these approaches is in itself sufficient to address the problems of environmental protection; nor do they yet amount into toto to a composite system. Therefore, efforts have been made to increase the effectiveness of each approach. The regulatory system is in the process of reform both in the European Union and in the Member states, through tightening of the standards backed by criminal and civil laws and by improving and monitoring and enforcement of these standards. However, even the establishment of a no-fault regime cannot guarantee the accurate attribution of environmental responsibility, the exhaustive remediation of environmental damage and the compensation of every loss caused by environmental pollution. This thesis will reveal that civil liability is not effective in securing restoration of the damaged environment and compensation of the injured persons. Furthermore, it will give consideration to other conceptions (compensation schemes and compulsory insurance), which try to ensure that environmental restoration and compensation take place.
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Olsson, Louise. "Environmental Migrants in International Law : An assessment of protection gaps and solutions." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-46138.
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Rajamani, Lavanya. "Differential treatment in international environmental law : sharing the burden of climate protection." Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.401780.
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Franklin, Pamela Mary. "Is all research created equal? institutional credibility and technical expertise in environmental policymaking at the US EPA /." Full text available online (restricted access), 2002. http://images.lib.monash.edu.au/ts/theses/Franklin.pdf.
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Viko, Iyadah John. "Assessing the possible approaches and the limitations of the human rights aspects of environmental harm under the International Bill of Rights : the need for a convention on the human rights to a healthy environment." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=233655.
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The growing awareness of the inadequacy of international law as a means of addressing current environmental problems has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, according to the Stockholm Declaration of the United Nations Conference 1972, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns. This thesis assesses the possible approaches and the limitations of the protection of the human rights to a healthy environment under the International Bill of Rights. The current international human rights law does not expressly provide for the human rights to a healthy environment. The thesis considers how the environment may be protected both through the application of presently accepted human rights and through the establishment of new human rights to a healthy environment. This thesis goes on to discuss the relationship between the international human rights law and the international environmental law, thereby giving an example of regime interaction. This is of strategic importance to understanding the meeting point of the two areas of law in this thesis. The need for sustainable development and the challenge of climate change have come to the fore and they both give urgency to the need for a human rights approach for the protection of the environment. There are concerns about whether there is a need for the provision of the human rights to a healthy environment in the international human rights law as existing rights are considered robust in themselves to protect the environment. This thesis will investigate the claim whether there are currently binding human rights to a healthy environment under the international law while building a solid argument on the need for a Convention on the human rights to a healthy environment. The thesis addresses the doctrinal and conceptual issues challenging the institutionalisation of the human rights to a healthy environment in the international human rights law. The thesis makes a case on the need for a Convention on the Human Rights to a Healthy Environment. It bolsters the point that the human rights to a healthy environment are long due; however what is lacking, is the doctrinal precision on the best way to institutionalise these rights. The research will attempt to proffer a proposal on the way forward by providing the institutional framework of the rights in a Convention. Before that, there is the need to discuss and settle several other possibilities and their limitations for the protection of the said human rights to a healthy environment. The proposed Convention could serve as a channel to offer a more coordinated, detailed, and well-documented approach for dealing with the linkages between human rights and the environment, as opposed to the fragmented approaches adopted across national and regional levels.
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Mugadza, Alois Aldridge. "The legal protection of forests in international environmental law, shortcomings and comparative analysis." Doctoral thesis, Universitat de Girona, 2021. http://hdl.handle.net/10803/672289.
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The thesis will investigate how the existing international environmental law relates to forest protection and what are the issues that have hampered the making of an important instrument for forest protection since forests’ functions are vital and important. Since there is no international binding instrument for forest protection, have countries done enough to protect forests. What forest protection efforts have been put in place in Spain, South Africa and Australia? Are these efforts sufficient and adequate to ignore the need of a forest instrument? What are some of the lessons from these countries and their legal regimes?La tesis investigará cómo el derecho ambiental internacional existente se relaciona con la protección de los bosques y cuáles son las cuestiones que han obstaculizado la creación de un instrumento importante para la protección de los bosques, ya que las funciones de los bosques son vitales e importantes. Dado que no existe un instrumento internacional vinculante para la protección de los bosques, ¿los países han hecho lo suficiente para proteger los bosques? ¿Qué iniciativas de protección forestal se han llevado a cabo en España, Sudáfrica y Australia? ¿Son estos esfuerzos suficientes y adecuados para ignorar la necesidad de un instrumento forestal? ¿Cuáles son algunas de las lecciones de estos países y sus regímenes legales?
Programa de Doctorat Interuniversitari en Dret, Economia i Empresa
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Watts, Samantha. "Protection of the African lion: a critical analysis of the current international legal regime." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15162.
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The African lion is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, some even believe there to be as little as 15 000, left. This decline is mainly due to threats arising from habitat loss, retaliatory and traditional killing, the trophy hunting industry and trade related issues. Consequently, African lions are listed as 'vulnerable' on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an 'endangered' status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level, allows for more uniform action, implementation and enforcement of legislation at regional and local levels. This dissertation looks at each threat to the African lion population in detail. Then, an assessment is made as to whether there is an international legal regime pertaining to each of these threats, and whether that regime is adequate. There has been an increase in arguments that the international legal framework pertaining to the African lion is in fact unacceptable for the protection of the species. This dissertation provides some clarity on the current international and regional legal regime pertaining to the African lion, and addresses both the positive and negative aspects of this regime. Consequently, it is found that the international legal regime for the African lion is ineffective in achieving their protection and survival. Recommendations are made on what needs to change, and the best way forward, through an international legal lens. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. African lions are already regionally endangered in some parts of Africa, and the threats to the species are only increasing. Therefore, it is obvious that some legal changes need to be made, to ensure greater protection of the African lion, at an international level.
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Wen, Meredith. "The mountains are high, and the Emperor is far away spaces for dissent in China's environmental movement /." Diss., Connect to the thesis, 2006. http://hdl.handle.net/10066/727.
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Mafungayika, Duduzile Grace. "The right to development versus environmental protection in South Africa." Thesis, University of Limpopo (Turfloop Campus), 2009. http://hdl.handle.net/10386/749.
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Thesis (M.Law. (Development and Management)) --University of Limpopo, 2009This research investigates the relationship between the right to development and the right to the environment. An overview of the legislative framework aimed at facilitating development and environmental protection is discussed. The right to development is aimed at improving the quality of life and living conditions of ordinary people. On the other hand, the right to the environment has as its purpose the conservation and prudent utilisation of natural resources. Theoretically, the two rights are at loggerheads. However, at the centre of these rights is the concept of sustainable development. Sustainable development harmonises the implementation of developmental activities and environmental protection, by compelling government authorities and developers to consider environmental issues when implementing development projects. Public participation is vital in environmental law as it ensures that the public is well informed about development projects that may have adverse effects on the environment. Public participation in development projects is part of the Environmental Impact Assessment process (EIA). A case study of a local township was conducted to illustrate the importance of public participation and the acceptance of the right to development and the right to the environment as justiciable human rights in South Africa. The study revealed that local government officials lack the necessary knowledge and skills to implement development and environmental laws at local community level. This results in non- compliance with the existing environmental laws by developers. It is concluded that right to development and the right to the environment co-exist and are mutual reinforcing. Therefore, failure to ensure proper implementation of the two rights may result in short- lived and unsustainable development, projects and programs. It is concluded further that non-compliance with the EIA procedure defeats the concept of public participation as embodied in environmental law and international environmental instruments. It is recommended that the government should equip its officials and citizens with skills and knowledge on how environmental laws operate and should be implemented.
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Wong, May-tak Glady. "Environmental regulation and crime : the case of pollution in Hong Kong /." [Hong Kong] : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13781194.
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Pevato, Paula Monica. "International law and the right to environment : encouraging environmental cooperation via the international protection of human rights." Thesis, London School of Economics and Political Science (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286363.
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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right to environment in contemporary internationalegal theory and practiceT In the course of determining a right to environment's legal status, historical and modem human rights theories are considered. The author demonstrates that most writers have fallen into various rights traps, for instance, when they refrain from considering a right to environment as something other than a human right, such as a non-right, a concept of international environmental cooperation (IEC), or simply one of many goals of international human rights and environmental law and policy (Chapter 2). The author continues the examination of the leitmotif by consulting the sources of internationall aw enumeratedin Article 38(l) of the Statuteo f the InternationalC ourt of Justice, viz., custom, convention, general principles of law, and subsidiary sources Oudicial decisions and teachings of highly qualified publicists), from the perspective of the policy science school of thought. From this legal philosophical perspective, international law is viewed as a process, a system of authoritative decision-making wherein policy choices play a role, thereby expanding the analysis from a strict positive law perspective. Thus, in addition to the 'traditional' sources, the author conducts an exhaustive analysis of 'soft law' sources, including resolutions and declarations; conventional and extra-conventional mechanisms to international human rights treaties (States parties periodic reports, concluding observations, summary records, views in communications, general comments); conference reports, background studies; and conceptso f EEC,p articularly sustainabled evelopment,a mong others,f or indications of any consensuso n a right to environment( Chapters3 and 4). t The author's research is completed by a thorough analysis of many human rights tensions, such as the inherent restrictions within human rights treaty regimes themselves (viz., derogations, limitations, reservations, the principle of legality, drittwirkung, among others), or due to other tensions in public international law, most notably sovereignty issues and competing interests manifested as anthropocentricity, property rights, international trade, development, and aboriginal issues (Chapter 5). These tensions add further hurdles to a human right to environment's fulfilment. The author deduces from an examination of specific human rights, IEC concepts, case law, States parties' periodic reports, and other sources of international law, that the characteristicsa genericr ight to environmentm ight possessa lready exist within various substantive and procedural rights, whilst other attributes are more suitably addressed via a plethora of conventional mechanisms and policies pertaining to international law for the environment. A right to environment does not exist in international law, whether described as a human right, general principle of law, or otherwise. Its recognition would merely duplicate rights and obligations and is thereforeu nnecessaryT. he author concludes that the ultimate goal of a right to environment -- the attainment of a satisfactory quality of life within a healthy, ecologically balanced environment for present and future generations, all thriving in the human and natural worlds -- are encouraged without an expressly recognized right to environment.
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Malafry, Melina. "Biodiversity Protection in an Aspiring Carbon-Neutral Society : A Legal Study on the Relationship between Renewable Energy and Biodiversity in a European Union Context." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305736.
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There is a vision in the EU for a transition to a low carbon society, including a carbon-neutral energy system, containing a high share of renewable energy. However, this vision is not isolated from other political goals, such as halting the loss of biodiversity by 2020. Both of these goals are accompanied by EU legislation promoting their respective aims. One of the central challenges, in light of this transition, is the very nature of the legal system – that it is rather fragmented – both regarding the substantive law applicable to renewable energy activities and the legal processes that renewable energy activities face. The aim is therefore to discuss certain challenges arising from the fragmented legal system applicable to renewable energy activities. The dissertation is based on EU and Swedish law. First, I investigate the EU’s competence in the field of renewable energy and address how such policy may better reflect the protection of biodiversity. Thereafter, in a Swedish context, I analyse the relationship between protection of biodiversity and promotion of renewable energy. Finally, I address the problems arising from the fragmented legal procedures of renewable energy activities, with the main example of wind power installations and new transmission lines. In general, this study suggests that the current system lacks consistency between renewable energy and nature protection legislation and there is a coordination problem with regards to the permit processes of the development of renewable energy activities. These conclusions point towards a need for a broader perspective on the development of renewable energy activities, which could include: a more integrated planning system for renewable energy activities; exploring the use of derogation rules from the Water Framework Directive; and a more integrated EU renewable energy policy with specific sustainability criteria.
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Tiar, T. "The role of UNEP in the development of international environmental law." Thesis, University of Southampton, 1986. http://catalog.hathitrust.org/api/volumes/oclc/23366967.html.
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Thesis (Ph. D.)--University of Southampton, Faculty of Law, 1986.Typescript. Typescript Cover title. At head of title: University of Southampton, Faculty of Law. Includes bibliographical references (leaves 399-412).
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Malla, Katak B. "The legal regime of international watercourses : progress and paradigms regarding uses and environmental protection /." Stockholm : Department of Law, Stockholm University, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-350.
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Cordonier, Segger Marie-Claire. "Sustainable development in international trade law : integrating economic and social development and environmental protection in emerging trade regimes." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669870.
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Kovaleva, Nadejda V. "Restructuring of European Union agriculture : enforcement and recognition of environmental interest." Thesis, De Montfort University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391081.
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Kennedy, R. M. "Environmental protection through e-regulation : critical and empirical perspectives using a rule of law analysis." Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1463741/.
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Sometimes the most commonplace and uninteresting tools demand close attention because their mundane nature means that their role is misunderstood. The use of computer technology by government – specifically, by environmental regulators – is one such instance. Information and communications technology (ICT) is increasingly deployed in bureaucratic and regulatory processes throughout the developed world; as in commerce and industry, software code and databases are becoming the invisible ‘glue’ that interconnects the various actors in the regulatory system and weaves an invisible web of control between decision-makers, regulated entities and ordinary citizens. Nonetheless, this topic has received only disconnected academic attention, perhaps because there is little that seems intrinsically interesting about a database. The issues which ICT raises are not always obvious but nonetheless significant if we are to make the best use of these new tools without unwittingly sacrificing important principles. There is now a substantial body of literature on regulation and ICT. However, this focuses on either ‘information’ or ‘communications’, rarely on both together or on the use of ICT for regulation rather than something to be regulated. There are few theoretical or practical perspectives on the role of ICT in environmental regulation. This thesis applies both in combination, developing a values-based, analytical and empirically grounded framework in order to contextualise the use of ICT as a regulatory tool. The ever-increasing deployment of ICT in homes and offices, the built environment and the world at large creates significant opportunities for achieving better environmental outcomes but this new and poorly-understood development also raises questions about the proper operation of the rule of law by an increasingly computerised state. This research explores how the widespread implementation of ICT is altering power relationships in the system of environmental regulation. It asks to what extent this new capability of large-scale information capture leads to more or less control on the part of regulators, whether existing balances and imbalances of power are altered by these new tools (even when they are seen as neutral) and what happens when the ‘glue’ hardens and installed technology makes policy change difficult. The thesis critically reviews the operation of the rule of law in digitised government, the development of ICT in environmental regulation, the role of scientific information in environmental regulation and the use of disclosure as a regulatory tool. It combines theoretical perspectives from sociology, chiefly actor-network theory, with insights from semi-structured interviews with staff in regulatory agencies, non-governmental agencies and regulated entities, to build a thematic network model of how the use of ICT for information-gathering, as a means of control and as a conduit for communications is perceived by practitioners of environmental regulation. It uses this to sketch the contours of a new field of study, ‘e-regulation’, centred around the core values of the rule of law. It places this discussion in the context of a dynamic, networked and globalised social and economic environment. It concludes by discussing how to protect the rule of law in e-government, highlighting current best practice.
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Borrás, Susana. "The right to defend the environment: The protection of the environmental defenders." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116404.
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The increasing degradation of the environment and competitiveness on the exploitation of the natural limited resources demonstrates not only serious impacts on the environment, but also it generates important social impacts. The defenselessness which the victims of the environmental degradation face, as victims also of violations of human rights, has given origin to a movement of resistance led by the so called «environmental defenders», who, beyond the activism, try to protect the environment and to defend the most vulnerable groups affected by this type of environmental aggressions. This has led to the recent and worrying proliferation of abuses against the human rights of these people. The frequency of murders and threats that the defenders suffer, the infringement of the rights of its peoples and the subsequent impunity of the authors of these serious violations generate the need to point out the existing problems in the identification of this reality, in its recognition and legal protection and of analyzing which is the protection and assistance, that from the international area, these persons are awarded in situation of high risk.La creciente degradación del medio ambiente y competitividad frente a la explotación de los recursos naturales limitados evidencia no solo graves impactos sobre el medio ambiente, sino también genera importantes impactos sociales. La indefensión a la que se enfrentan las víctimasde la degradación ambiental, como víctimas también de violaciones de derechos humanos, ha dado origen a un movimiento de resistencia liderado por los llamados «defensores ambientales», quienes, más allá del activismo, intentan proteger el medio ambiente y defender a los grupos más vulnerables frente a este tipo de agresiones ambientales. De ahí que hayan proliferado últimamente, y de forma muy preocupante, los abusos contra los derechos humanos de estas personas. La frecuencia de asesinatos y amenazas que sufren los defensores ambientales, la vulneración de los derechos de sus pueblos y la subsiguiente impunidad de los autores de estas graves violaciones genera la necesidad de señalar cuáles son los problemas existentes en la identificación de esta realidad, en su reconocimiento yprotección jurídica, y de analizar cuál es la protección y asistencia, que desde el ámbito internacional, se confiere a estas personas en situación de alto riesgo.Este artículo se ha realizado en el ámbito del proyecto financiado por el Ministerio de Ciencia e Innovación. Convocatoria de ayudas de proyectos de investigación fundamental no orientada titulado «La garantía jurídica de la vertiente intrageneracional de la justicia ambiental como aspecto social del desarrollo sostenible». DER2010-19529. Investigador principal:Dr. Antoni Pigrau Solé. Período 2011-2013.
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Leray, Grégoire. "L'immeuble et la protection de la nature." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D071.
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Le droit impose à l’immeuble une fonction de protection de la nature. Cette fonction se décline d’abord par l’accumulation des contraintes de protection sur l’immeuble lui-même, ou sur les activités qui peuvent y être exercées. Mais elle s’affirme pleinement avec l’essor de la notion de patrimoine commun. Car en imposant à l’immeuble de protéger les éléments du patrimoine commun naturel, le droit révèle sa part collective. Il comporte ainsi un domaine commun et un domaine individuel. Le premier, conservé par la communauté, a pour objet d’assurer la conservation de l’immeuble dans un état suffisant pour qu’il assure sa fonction de protection de la nature. Le second symbolise la part de l’immeuble dont l’usage est laissé au propriétaire, à charge pour lui de ne pas altérer le domaine commun.Affirmée par le droit, la fonction n’a de valeur que si elle est préservée. A l’étude, sa préservation présente un double effet. Il sera atténué lorsqu’il permet des exceptions à l’impératif de protection de la nature. Il sera intégral s’il ne s’en accommode pas. L’effet atténué est matérialisé par le régime de la compensation écologique. Outre qu’il n’est pas certain qu’une nature reconstituée est l’équivalent d’une nature originelle, le régime soulève des écueils temporels, que le statut juridique de l’immeuble de l’immeuble permet de lever. Si le dommage est accidentel, l’effet de la préservation de la fonction sera alors intégral. Sans conciliation possible, le droit sanctionne toute dégradation du domaine communThe law imposes a duty of nature protection on real estate property.The rise of the common heritage principle has bought this duty to the forefront; this has translated into an accumulation of protection constraints on the real estate (property) itself, but also on the activities which may be exercised within it.By imposing an obligation to protect the natural common heritage, the law demonstrates the common dimension of real estate property. Therefore it includes a common domain and a private domain.The first aims to maintain the real estate property in good and sufficient repair so that it can fulfill its nature protection duty.The second symbolizes the part of the real estate property whose use is left up to the owner, in which case it is up to him not to alter the common domain.However this duty is of no value if it isn’t guaranteed/protected. This thesis shows that this preservation has two different effects. The effect is attenuated when it allows exceptions to the nature protection imperative and it is full when it does not.The attenuated effect is materialized by the environmental compensation system. Apart from the fact that it is never certain that a restored environment is the equivalent of the original one, the system also raises issues concerning the length of the effect; issues that the legal status of real estate property help to clear. If the damage is accidental, then the effect of the duty of preservation will be full. Any degradation of the common domain will be sanctioned by law, without any possible conciliation
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Orth, Erika Elisabeth. "Ein Grundrecht auf Umweltschutz in Europa? : eine rechtsdogmatische Einordnung des Art. 37 GRC /." Frankfurt am Main ; New York : P. Lang, 2007. http://www.wdr.de/radio/wdr2/.
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Romeliotou, Vassiliki. "Mechanisms of control over compliance with international law on the protection of the Mediterranean Sea against pollution." Thesis, SOAS, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368693.
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Eude, Marie. "Du droit de l'arbre. Pour une protection fonctionnelle." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10037.
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Cette thèse se propose de repenser la protection de l'arbre afin de permettre la réalisation des objectifs de lutte contre le changement climatique inscrits dans divers codes. L'arbre apparaît comme un outil incontournable dans leur concrétisation, pourtant, la seule protection de sa fonction économique ne permet pas de s'engager dans cette voie. Il nous paraît alors essentiel de repenser la protection existante pour, d'une part, la recentrer sur les fonctions écologique et sociale de l'arbre, et d'autre part, unifier le régime de protection attaché à chacune de ces fonctions. Cela passe par la définition de l'arbre et de la forêt, la redéfinition de la propriété héritée de la Révolution française, et la requalification de l'arbre. Aussi, l’absoluité du droit de propriété doit être limitée par la réalisation de la destination de l'arbre bien nature (fonction écologique) ou bien culturel (fonction sociale). Ce travail sur la protection des fonctions écologique et sociale de l'arbre nous engage également à envisager l'hypothèse de sa personnification, hypothèse que nous écartons à l'issue de son étudeThis thesis proposes to rethink the legal protection of trees in order to achieve the climate change objectives enshrined in various codes. Trees appear to be an essential tool in their realisation, yet the mere protection of their economic function does not make it possible to embark on this path. We therefore believe it is essential to rethink existing protection in order, on the one hand, to refocus it on the tree's ecological and social functions and, on the other hand, to unify the protection regime attached to each of these functions. This involves defining the tree and the forest, redefining property as inherited from the French Revolution, and the requalification of the tree. Also, the absolute nature of the right of ownership must be limited by the realisation of the tree's purpose as a natural good (ecological function) or a cultural good (social function). This work on the protection of the tree's ecological and social functions also leads us to consider the hypothesis of its personification, a hypothesis which we discard at the end of this study
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Xu, Yixiang. "Implementing climate protection into the legal system of China international and national legal frameworks and the case of road transportation." Marburg Tectum-Verl, 2008. http://d-nb.info/994068824/04.
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Chamoux, Capucine. "Access to environmental information in international law: the significance of the MOX Plant case (Ireland v. United Kingdom)." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Ireland and the United Kingdom are since 1993 in conflict about a Mox plant at Sellafield, on the Irish Sea. This plant is designed to recycle the plutonium which is produced during the reprocessing of nuclear fuel to reclaim the uranium contained in it. Ireland has tried to contest the British decision to build and operate the Mox plant through all the legal means available. An important request of Ireland was to be more and better informed in order to better contribute to the protection of the marine environment of the Irish Sea. Ireland and the United Kingdom are Member of two important treaties addressing the issue of environmental information: the United Nations Convention on the Law of the Sea (UNCLOS), and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention). Ireland has sought a remedy through the procedures of dispute settlement instituted by those two treaties. The Mox Plant Case is therefore very complex, each of these procedures being conducted within the textual confines of the treaties that govern them.In July 2003 the Arbitral Tribunal constituted under the OSPAR Convention rejected Ireland&rsquo
s request to have access to more information about the Mox plant. The procedure introduced by Ireland in October 2001 before an Arbitral Tribunal constituted under the UNCLOS is still pending. In this context, waiting for the final decision of this Arbitral Tribunal, the ITLOS ordered in December 2001, as a provisional measure, that Ireland and the United Kingdom must cooperate and exchange information. In November 2003, the Arbitral Tribunal constituted under the UNCLOS has suspended the proceedings, waiting for a decision of the European Court of Justice (ECJ). Indeed the European Commission, backing up the position of the United Kingdom, initiated proceedings against Ireland before the ECJ in 2003.
The Mox Plant Case illustrates and addresses several predominant matters in international environmental law. Firstly it illustrates the complexity of a system where several treaties between the same parties regulate the same issues. As a consequence in this case not less than four international jurisdictions have been and are still involved in the matter, leading to procedural difficulties. Secondly the Mox Plant Case illustrates the considerable difference of opinion which exists in the area of international environmental law with respect to the meaning and nature of the notion of &lsquo
access to information&rsquo
, and its relationship to other ancillary and concomitant notions, e. g. &lsquo
collaboration&rsquo
, &lsquo
cooperation&rsquo
, &lsquo
participation&rsquo
, etc., by and amongst states. The meaning of this concept, which is the cause of the dispute, differ depending on the context of treaty within which it is used.
From the analysis of the Mox Plant Case, in the context of the evolution of international law in general, and international environmental law in particular, the point is made on the strong link between the principle of cooperation and the right of access to environmental information, the first one necessarily including the latter to be effective. The other important element is the shift which is now established in international environmental law and governance from a strict application of the principle of state sovereignty, towards a more integrated vision. The interdependent nature of the environment makes necessary an interdependent governance and regulation of the issues related to it.
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Roberts, Julian Peter. "Marine environment protection and biodiversity conservation the application and future development of the IMO's particularly sensitive sea area concept /." Access electronically, 2006. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20061204.153018/index.html.
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Paixâo, Silva Oliveira Liziane. "Mercosur et protection de l'environnement." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1058.
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L'objet de cette thèse est de vérifier quelle est la place octroyée à la protection de l'environnement dans le Mercosur. Le développement de la matière environnementale jusqu'à présent dans le cadre juridique du Mercosur permet-il de parler d'un véritable système régional de protection environnementale en voie de consolidation? Pour répondre à ces questions, il est d´abord nécessaire d'identifier les règles de protection de l'environnement dans ce système juridique du Mercosur, pour ensuite analyser la relation entre les règles de libre échange et celles qui s'attachent à la protection de l´environnement (Première partie). Une fois ces règles environnementales identifiées, il conviendra de s'interroger sur leur mise en œuvre et leur effectivité (Deuxième partie)The purpose of this thesis is to verify what is the place granted to environment protection in the Mercosur. Does the development of environmental issues in the Mercosur allow us to speak of a regional system for environmental protection that is being strengthened? To answer these questions it is first necessary to identify the rules of environmental protection in the Mercosur's legal system in order to understand their relationship with its free trade rules (part I).It will be then necessary to analyse their implementation and effectiveness (Part Two)
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Sarenmalm, Isabel. "Sustainable Development in International Law and the protection of the Global Commons." Thesis, Uppsala universitet, Institutionen för geovetenskaper, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-325200.
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The four ‘Global Commons’ – the Atmosphere, Antarctica, the High Seas (Oceans) and Outer Space – are in international law identified and recognised as falling outside the jurisdiction of any state. Whilst crucial to mankind and the global ecosystem as a whole, the commons are severely impacted by the current anthropogenic climate change. This thesis argues that the global commons have a weak legal protection today. Given the significance of the global commons for the achievement of sustainable development, exploring possibilities to strengthen such protection through international law is crucial to secure the future of our world. The purpose of this thesis is to highlight the issues relating to the current legal protection of the global commons and to address them in the perspective of international law and sustainable development as intersecting conceptual and theoretical frameworks. By applying and analysing the acknowledged New Delhi Declaration of Principles of International Law Relating to Sustainable Development, this thesis will aim to provide insights, and maybe even a fresh point of view, as to how legal instruments could be structured and implemented in the strive for more effective and sustainable protection of the global commons.
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Hulme, Karen Lesley. "An assessment of the protection of the environment from harm caused as a result of armed conflict." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369371.
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M’Banza, Frederic Ghislain Bakala. "The protection of the environment during armed conflict: a case study of the Republic of Congo." Thesis, University of the Western Cape, 2014. http://hdl.handle.net/11394/4277.
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Magister Legum - LLMThe International Committee of the Red Cross/Crescent (ICRC) has been the only agency promoting the observance of the law of armed conflict. It has invested considerably in finding solutions to protecting people and regulates the means and methods of warfare. Throughout the development of the law of armed conflict, the protection of the environment was never the centre of focus. From the early 1868 Declaration of Saint Petersburg to the Hague Regulations of 1907, attention was given to weakening the military forces of the enemy and the right of the belligerents not to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war. Through AP I, the basic principle of IHL was reaffirmed. The concepts of military necessity and proportionality became clearer, permitting only those acts of war which are proportional to the lawful objective of a military operation. Considering the cruelty experienced through the crises that occurred in the RC, it is therefore imperative for the administration to enforce their observation. In the light of the above background the aims of this research paper are to seek to explore the challenges that the current RC administration is facing in implementing IHL and IEL principles. In addition, the research paper will analyse the possibilities to promote the implementation of IHL and IEL instruments within the public domain, mostly the army, to dissipate any ignorance that occur. The International Court of Justice (ICJ) has also made it clear that an obligation rests upon states to take environmental considerations into account during armed conflict in so far as these relate to states’ military objectives
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Rahtz, Christine M. "Finding a Balance: The Intersection of Transportation Needs and Environmental Regulation and Protection." Miami University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=miami1417039211.
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Monteiro, Felipe AntÃnio Dantas. "The Speleology and Caverns in CearÃ: knowledge, environmental protection and current situation." Universidade Federal do CearÃ, 2014. http://www.teses.ufc.br/tde_busca/arquivo.php?codArquivo=13153.
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nÃo hÃIn CearÃ, plus the famous Grotto of Ubajara, there are many other caves in this way, it is essential to know the current situation to achieve this speleologically protect it. Speleology, which is the study of caves has revealed to mankind the great importance of these environments. In addition to having served as a shelter for man in prehistoric times, the caves are as natural and cultural storehouses of valuable scientific records, paleontological, archaeological, among others. The cave environments also stand out due to its beautiful scenery of rock formations, ornamented by speleothems (stalactites, stalagmites, etc.) and their subterranean ecosystems, peculiar and fragile, with endemic and rare species, like the troglodyte. Natural underground cavities, popularly known like caves, grottos, caves, burrows, limpets, pits or holes, are considered by the Federal Constitution as "property of the Union" in the country and there is a specific, relevant to the protection of the Brazilian speleologically legislation. Cavers in Brazil estimated that only about 5% of the existing caverns have been identified. In CearÃ, many of the known caves are not officially registered in the National Speleological entries. For this reason, this dissertation aims to present the current landscape of speleologically in CearÃ. For this are worked in research knowledge and concepts related to caving, as its importance, use, weaknesses and impacts; relevant legislation for the protection, licensing and environmental conservation speleologically; and the current survey information on the known caves in the territory of CearÃ, with recommendations for their use and conservation. It is intended this way, based on this overview, base public policies on environmental protection and management of natural underground cavities and areas of potential occurrence.
No CearÃ, alÃm da famosa Gruta de Ubajara, existem muitas outras cavernas, desta forma, à essencial conhecer o panorama atual deste patrimÃnio espeleolÃgico para conseguir protegÃ-lo. A espeleologia, que à o estudo das cavernas, tem revelado para a humanidade a grande importÃncia desses ambientes. AlÃm de ter servido de abrigo para o homem na prÃ-histÃria, as cavernas sÃo como celeiros naturais e culturais de valiosos registros cientÃficos, paleontolÃgicos, arqueolÃgicos, dentre outros. Os ambientes cavernÃcolas tambÃm se destacam devido aos seus belos cenÃrios de formaÃÃes rochosas, ornamentados por espeleotemas (estalactites, estalagmites, etc.) e seus ecossistemas subterrÃneos, peculiares e frÃgeis, com espÃcies endÃmicas e raras, como os troglÃbios. As cavidades naturais subterrÃneas, conhecidas popularmente como cavernas, grutas, furnas, tocas, lapas, abismos ou buracos, sÃo consideradas pela ConstituiÃÃo Federal como âbens da UniÃoâ e existe no paÃs uma legislaÃÃo especÃfica, pertinente à proteÃÃo do patrimÃnio espeleolÃgico brasileiro. EspeleÃlogos estimam que no Brasil, apenas cerca de 5% das cavernas existentes tenham sido identificadas. No CearÃ, muitas das cavernas conhecidas nÃo estÃo oficialmente registradas nos cadastros espeleolÃgicos nacionais. Por essa razÃo, esta dissertaÃÃo tem como objetivo principal apresentar o panorama atual do patrimÃnio espeleolÃgico no Estado do CearÃ. Para isso sÃo trabalhados na pesquisa os conhecimentos e conceitos relativos à espeleologia, como a sua importÃncia, utilizaÃÃo, as fragilidades e os impactos; a legislaÃÃo pertinente à proteÃÃo, ao licenciamento e à conservaÃÃo ambiental do patrimÃnio espeleolÃgico; e o atual levantamento de informaÃÃes sobre as cavernas conhecidas no territÃrio cearense, com recomendaÃÃes de uso e conservaÃÃo. Pretende-se desta forma, com base neste panorama, fundamentar polÃticas pÃblicas de proteÃÃo e gestÃo ambiental das cavidades naturais subterrÃneas e suas Ãreas de potencial ocorrÃncia.
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Hosseini, Jamaladdin. "Global environment an emerging challenge for international cooperation building a legal regime for ozone layer depletion /." Diss., The University of Arizona, 1992. http://catalog.hathitrust.org/api/volumes/oclc/31166235.html.
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Bowman, Megan. "Our tangled web : international relations theory, international environmental law, and global biodiversity protection in a post-modern epoch of interdependence." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78204.
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The global crisis of biodiversity depletion sets the stage for a necessary re-definition of State self-interest in the international milieu. That re-definition is effected by a changing perception of 'self'; one that occurs through the mental lens of interdependence and long-term vision. This thesis attempts to challenge conventional precepts and present a submission for change by drawing upon constructivist thought, which asserts that current perceptions are socially constructed and rooted in "collective intentionality", such that what has been human-made can be altered by the same processes through which it came into existence. In so doing, the author employs the notions of international ethics as a shared belief and international law as an ideational instrument to facilitate that change in favor of international cooperation toward the necessary amelioration of global biodiversity diminution in order to assure our future.