43,092 matches
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considered that the human being is part of nature (which is "a mere framework for the human being"), with a distinction between "a natural environment" and a "perception environment" (or cultural, arti- ficial environment). Thus, the environment represents the "set of elements which, în the complexity of their relations, represent the framework, environment and conditions for the human lives, aș existing or aș perceived"27. A global comprehensive definition (but which does not get rid of the mainly funcționalist notes) is
Polis () [Corola-journal/Science/84981_a_85766]
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part of nature (which is "a mere framework for the human being"), with a distinction between "a natural environment" and a "perception environment" (or cultural, arti- ficial environment). Thus, the environment represents the "set of elements which, în the complexity of their relations, represent the framework, environment and conditions for the human lives, aș existing or aș perceived"27. A global comprehensive definition (but which does not get rid of the mainly funcționalist notes) is the one given by the Romanian
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of the human activity, în the human being-nature relation, on the same planet, Earth, relation which constantly evolves and adds new meanings"30. Concerning the occurrence and development în the XXIst century of an authentic environmental law (or, better said, of a "nature's" law), we must start from the broad view în the doctrine of the environmental law which, although a distinct branch of law, infuses with its concepts and principles several other branches of law (internațional law, land registration
Polis () [Corola-journal/Science/84981_a_85766]
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the occurrence and development în the XXIst century of an authentic environmental law (or, better said, of a "nature's" law), we must start from the broad view în the doctrine of the environmental law which, although a distinct branch of law, infuses with its concepts and principles several other branches of law (internațional law, land registration law, administrative law, business law, European community law, peace law etc.), creating a multitude of interconnections among them31. Moreover, the doctrine noted the horizontal
Polis () [Corola-journal/Science/84981_a_85766]
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environmental law (or, better said, of a "nature's" law), we must start from the broad view în the doctrine of the environmental law which, although a distinct branch of law, infuses with its concepts and principles several other branches of law (internațional law, land registration law, administrative law, business law, European community law, peace law etc.), creating a multitude of interconnections among them31. Moreover, the doctrine noted the horizontal character of this law (covering various sectors of law, such aș
Polis () [Corola-journal/Science/84981_a_85766]
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of the environmental law which, although a distinct branch of law, infuses with its concepts and principles several other branches of law (internațional law, land registration law, administrative law, business law, European community law, peace law etc.), creating a multitude of interconnections among them31. Moreover, the doctrine noted the horizontal character of this law (covering various sectors of law, such aș the public and private sector), aș well aș its interactive nature, aș it tends to influence all the law branches
Polis () [Corola-journal/Science/84981_a_85766]
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infuses with its concepts and principles several other branches of law (internațional law, land registration law, administrative law, business law, European community law, peace law etc.), creating a multitude of interconnections among them31. Moreover, the doctrine noted the horizontal character of this law (covering various sectors of law, such aș the public and private sector), aș well aș its interactive nature, aș it tends to influence all the law branches, în order to introduce the term "environment". În addition, the doctrine
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structurally systemic unity", derived from "Earth's environmental uniqueness and indivisibility", between the național and internațional dimension of environmental law32. Thus, through its content and the nature of the terrestrial ecosystem, the environmental law exceeds the strict westphalian conception, that of a world divided into states with sovereign territories. Terms such aș "progress" or "poverty", "North- South divide" reflect în fact the global view on environment 33, with predominantly negative influences from the activities of the industrial and consumption societies, which
Polis () [Corola-journal/Science/84981_a_85766]
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the spread of the consumption society model and of the model of capitalist societies (which are not limited or truly competed against by environmental models of companies, instead they neighbour so-called anticapitalist societies, which do not propose an environmental conception of their policies regarding the environment and regarding all the human activities resulted from the requirement to protect and preserve the environment). More specifically, the globalization of economy and capitals, the increasing influence of the corporations from large powers or of
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of their policies regarding the environment and regarding all the human activities resulted from the requirement to protect and preserve the environment). More specifically, the globalization of economy and capitals, the increasing influence of the corporations from large powers or of transnațional corporations, the wars, underdevelopment, global accumulation of profit, consumption societies, global warming, all these aspects căușe irreparable damages to nature and the human civilization, overall, aș well aș creating a true survival problem for the human species, în the
Polis () [Corola-journal/Science/84981_a_85766]
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all the human activities resulted from the requirement to protect and preserve the environment). More specifically, the globalization of economy and capitals, the increasing influence of the corporations from large powers or of transnațional corporations, the wars, underdevelopment, global accumulation of profit, consumption societies, global warming, all these aspects căușe irreparable damages to nature and the human civilization, overall, aș well aș creating a true survival problem for the human species, în the terrestrial habitat, unless the human vision of nature
Polis () [Corola-journal/Science/84981_a_85766]
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aș creating a true survival problem for the human species, în the terrestrial habitat, unless the human vision of nature and în relation to it changes. The nature's global law în the XXIst century will comprise a precise set of rules, regulations, global legal regimes and global institutions, applicable for the main actors of the XXIst century global society (states, corporations, global mass media) and will develop a real environmental- legal responsibility of these actors, în order to ensure the
Polis () [Corola-journal/Science/84981_a_85766]
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XXIst century will comprise a precise set of rules, regulations, global legal regimes and global institutions, applicable for the main actors of the XXIst century global society (states, corporations, global mass media) and will develop a real environmental- legal responsibility of these actors, în order to ensure the uniqueness and integrity of the terrestrial ecosystem, based on a model of post-corporate, post-consumerist human society, built on a relation of harmony and protection of nature, instead of a relation of exploitation/domina-tion
Polis () [Corola-journal/Science/84981_a_85766]
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a real environmental- legal responsibility of these actors, în order to ensure the uniqueness and integrity of the terrestrial ecosystem, based on a model of post-corporate, post-consumerist human society, built on a relation of harmony and protection of nature, instead of a relation of exploitation/domina-tion/ destruction of the forest, aș it hâș been șo far34. Global environmental legislation would include "the entire ecological environment, în which the quasi- totality of human activities takes place"35, aș proposed în the doctrine
Polis () [Corola-journal/Science/84981_a_85766]
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legal responsibility of these actors, în order to ensure the uniqueness and integrity of the terrestrial ecosystem, based on a model of post-corporate, post-consumerist human society, built on a relation of harmony and protection of nature, instead of a relation of exploitation/domina-tion/ destruction of the forest, aș it hâș been șo far34. Global environmental legislation would include "the entire ecological environment, în which the quasi- totality of human activities takes place"35, aș proposed în the doctrine. Besides its attachment
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the global environmental ethics, the global environmental law would include the current internațional legal regime which currently forms the internațional environmental law: for example, the series of internațional treaties and covenants signed and ratified by the states, for the protection of various environment components: UNESCO Covenant on the world cultural and natural heritage/Paris, 1972; Aarhus Covenant on access to information, public participation în the decision- making process and access to justice, în environmental matters/ 1998; Basel Covenant regarding the control
Polis () [Corola-journal/Science/84981_a_85766]
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various environment components: UNESCO Covenant on the world cultural and natural heritage/Paris, 1972; Aarhus Covenant on access to information, public participation în the decision- making process and access to justice, în environmental matters/ 1998; Basel Covenant regarding the control of cross-border transport of hazardous waste products and their disposal; Ramsar Covenant/1971, on the wet areas of internațional importance, especially aș habitats for aquatic birds etc. We consider that the set of legal or declarative documents which can be developed
Polis () [Corola-journal/Science/84981_a_85766]
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UNESCO Covenant on the world cultural and natural heritage/Paris, 1972; Aarhus Covenant on access to information, public participation în the decision- making process and access to justice, în environmental matters/ 1998; Basel Covenant regarding the control of cross-border transport of hazardous waste products and their disposal; Ramsar Covenant/1971, on the wet areas of internațional importance, especially aș habitats for aquatic birds etc. We consider that the set of legal or declarative documents which can be developed progressively în a
Polis () [Corola-journal/Science/84981_a_85766]
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access to information, public participation în the decision- making process and access to justice, în environmental matters/ 1998; Basel Covenant regarding the control of cross-border transport of hazardous waste products and their disposal; Ramsar Covenant/1971, on the wet areas of internațional importance, especially aș habitats for aquatic birds etc. We consider that the set of legal or declarative documents which can be developed progressively în a body of global regulations with mandatory legal value, concerning the environment, are the following
Polis () [Corola-journal/Science/84981_a_85766]
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environmental matters/ 1998; Basel Covenant regarding the control of cross-border transport of hazardous waste products and their disposal; Ramsar Covenant/1971, on the wet areas of internațional importance, especially aș habitats for aquatic birds etc. We consider that the set of legal or declarative documents which can be developed progressively în a body of global regulations with mandatory legal value, concerning the environment, are the following: Stockholm Declaration/1972, Rio Declaration on Environment and Development/1992 and Agenda 21, also adopted
Polis () [Corola-journal/Science/84981_a_85766]
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waste products and their disposal; Ramsar Covenant/1971, on the wet areas of internațional importance, especially aș habitats for aquatic birds etc. We consider that the set of legal or declarative documents which can be developed progressively în a body of global regulations with mandatory legal value, concerning the environment, are the following: Stockholm Declaration/1972, Rio Declaration on Environment and Development/1992 and Agenda 21, also adopted în 1992, following the United Nations Conference on the Environment and Development from
Polis () [Corola-journal/Science/84981_a_85766]
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Assembly 55/2, the Johannesburg Declaration on Sustainable Development/2002 and others aș such36. Rights of Nature and Representation, Protection of Such Rights, în Relation to the Human Rights În internațional relations, the environment can be defined aș "the totality of natural and artificial environments, în which the human being is installed, which he/she exploits and organizes, aș well aș the totality of non-anthropized environments, required for the survival of the human being"37. We note în this definition that
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în this definition that it is one which considers the human being to be of supreme value în relation to nature, aș the human being is self-placed on a superior hierarchical position, în relation to the former, on a position of command, predominantly construed aș a position of "exploitation of nature", "modifying nature", according to the inte-rests and visions of the human being, aș an expression of the materialist ideologies (communist, capitalist), în which the human being considers that he/she
Polis () [Corola-journal/Science/84981_a_85766]
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which considers the human being to be of supreme value în relation to nature, aș the human being is self-placed on a superior hierarchical position, în relation to the former, on a position of command, predominantly construed aș a position of "exploitation of nature", "modifying nature", according to the inte-rests and visions of the human being, aș an expression of the materialist ideologies (communist, capitalist), în which the human being considers that he/she is more of a master of nature
Polis () [Corola-journal/Science/84981_a_85766]
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construed aș a position of "exploitation of nature", "modifying nature", according to the inte-rests and visions of the human being, aș an expression of the materialist ideologies (communist, capitalist), în which the human being considers that he/she is more of a master of nature and less (or at all) of a being în intrinsic connection with nature, being part of the same fragile and complex ecosystem. For many centuries, especially after the rise of the occidental industrial civilizations, the human
Polis () [Corola-journal/Science/84981_a_85766]