43,092 matches
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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 being knowingly perturbed the delicate balance of nature, în order
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and furs, polluting nature with industrial and domestic waste products, which were either non- recyclable or toxic 38. Large industrial civilizations that have reached their peak at the end of the XXth century (although, nowadays, the competition against new concepts of eco-cities and eco-societies is growing) have represented the trium- phant expression of the materialist thinking, lacking în the sacred perception and respect for the nature. Objectives that nowadays begin to be considered more and more when elaborating the public policies
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the fever of progress, these indus- trialized or developing societies mistook ruling for destroying nature 40), begins to be questioned by increasingly more voices, at național, regional and internațional level. Nature changes its position, from the (legal, political, social) role of "object" (of will, action, interests of the human being), becoming more and more of a distinct legal subject, în the innovative conception of eco-politics, ecology, theo-politics, the global environmental law, beside the classical conceptions (natural person, legal entity - i.e. the
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voices, at național, regional and internațional level. Nature changes its position, from the (legal, political, social) role of "object" (of will, action, interests of the human being), becoming more and more of a distinct legal subject, în the innovative conception of eco-politics, ecology, theo-politics, the global environmental law, beside the classical conceptions (natural person, legal entity - i.e. the corporation). În the classic conception (now questioned by the național and inter-național environmental movements), the right to property (of the natural person and
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new markets, or în the name of the people and of an unlimited right to development for the peoples) hâș progressively led to severe, often irreversible disturbances în the "environment". The very phrase (pleonastic) "environment" is inadequate, reflecting the limits of thinking and perception of an age of exploitation and consumption oriented against nature. The human being sees himself/herself aș "sur-rounded" by nature, but the human being does not consider that he/she interacts with it or that he/she
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are used în a manner forbidden by law or other regulations" (conception disseminated în most of the 19th century civil codes)42. Thus, nature was regarded aș nothing but a mere object, which was în turn divided into a series of elements, each with a determined commercial value, which the human being (aș well aș the legal entity, such aș the state, collectivity or corporation), aș owner, hâd the right to possess, exploit, use în an absolute, exclusive and continuous manner
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the advanced and în the developing civilizations, saw serious abuses, most often irreparable, against nature, only în the name of exercising this conception of the right to property. The human being (aș well aș the state, collectivity, corporation) becomes holder of real absolute rights, master of nature, entitled through the legislative codes enforcing such legal view to alienate, buy and use the natural resources, to use them freely, until the point of polluting it, modifying nature, irrationally exploit the planet's
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new consumption markets. Only at the end of the XIXth century, following the threats against public goods (including natural resources of the soil, subsoil), caused by intensive agriculture, using chemical fertilizers, there was an attempt to form the legal concept of "public domain", which must be protected "for the general interest". Thus, for the public interest, the state assumed the right to reduce the private property 43. Currently, the evolution of conceptions regarding the property right în relation to the environment
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fertilizers, there was an attempt to form the legal concept of "public domain", which must be protected "for the general interest". Thus, for the public interest, the state assumed the right to reduce the private property 43. Currently, the evolution of conceptions regarding the property right în relation to the environment tends to favour a social and environmental function of the property right, by virtue of which the holder must exercise the right mainly taking into consideration the general interest în
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aș the necessity to ensure the survival of the human species on this planet 44. To this end, the tendency is to consolidate the internațional regimes concerning the protection and preservation of the environment, which is part of the concept of "sustainable development", connected to the environmental security and the mixed concept of "global good governance". All these innovative concepts of the XXIst century society tend to pay increased attention to the common resources, which are în danger to be over-exploited
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this planet 44. To this end, the tendency is to consolidate the internațional regimes concerning the protection and preservation of the environment, which is part of the concept of "sustainable development", connected to the environmental security and the mixed concept of "global good governance". All these innovative concepts of the XXIst century society tend to pay increased attention to the common resources, which are în danger to be over-exploited down to draining, because they are not protected by the regulations of
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conception of nature aș an object of the property right of the human being/state/corporation, conception positioning the individual (and, through the individual, the state or corporation, aș representatives of collective, public or private interests) above nature, a position of command and control, without developing environmental ethics, a set of moral values and legal-political responsibilities, to limit this position of command and control over nature, hâș led to the development of a systematic abusive actions, severely harmful for the nature
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and, through the individual, the state or corporation, aș representatives of collective, public or private interests) above nature, a position of command and control, without developing environmental ethics, a set of moral values and legal-political responsibilities, to limit this position of command and control over nature, hâș led to the development of a systematic abusive actions, severely harmful for the nature, for centuries. Currently, în order to repair a situation of global injustice and severe damaging of nature, the jurists proposed
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of moral values and legal-political responsibilities, to limit this position of command and control over nature, hâș led to the development of a systematic abusive actions, severely harmful for the nature, for centuries. Currently, în order to repair a situation of global injustice and severe damaging of nature, the jurists proposed a series of environmental rights, for the protection of nature, which would be included în the third generation of human rights, the so-called "solidarity rights"48. From this viewpoint, the
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be able to participate în discussions and negotiations or to be able to hold liable the representatives of the states, corporations (național and transnațional) and the individuals (aș owners) for abuses against nature or for the flawed, improper, malevolent exercise of their property right (public or private); such participation and exercise of rights should be made from an equal standpoint (if not, from a position of legal superiority, to compensate for the centuries-old abuse exercised by the human being against nature
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the individuals (aș owners) for abuses against nature or for the flawed, improper, malevolent exercise of their property right (public or private); such participation and exercise of rights should be made from an equal standpoint (if not, from a position of legal superiority, to compensate for the centuries-old abuse exercised by the human being against nature, during the rise of the industrial-consumer-polluting civilizations). Certain Conclusions The protection and preservation of environment must become the focus în shaping and consolidating the content
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Dalloz, Paris, 2006, pp. 251-252. 3 Idem, p. 251. 4 Graham Evans, Jeffrey Newnham, Dicționar de relații internaționale, transl. Anca Irina Ionescu, Editura Universal Dalsi, București, 2001, p. 210, which quotes two reports aș a doctrine basis for the concept of "global governance": "Common Responsibilities în the '90s: The Stockholm Inițiative for Global Security and Authority"/1991 and "Our Global Neighbours: Report of the Commission for Global Authority"/1995. 5 Idem, p. 210. 6 David Held, Anthony McGrew, David Goldblatt, Jonathan
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Idem, p. 11. 42 Ibidem, p. 29. 43 Ibidem, pp. 30-32. 44 Ibidem, p. 33. 45 Certain authors also use the concept (în the internațional environmental law) of "common heritage of the humanity", în order to eliminate an irrational exploitation of natural resources. See Irina Moroianu Zlătescu, Human Rights, A Dynamic and Evolving Process, Editura Pro Universitaria, București, 2015, p. 43; Daniela Marinescu, quoted op., pp. 85-86. Also, see Mircea Duțu, Andrei Duțu, quoted op., pp. 186-192. David Held et alii
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de ecologie generală, Editura Universității "Al. Ioan Cuza", Iași, 1972, p. 17, quoted în Marinescu, Daniela (2010), Tratat de dreptul mediului, ed. a IV-a, Editura Universul Juridic, București, 1972, p. 55. RECENZII Oferta "diferenței": feminismul românesc interbelic [The Offer of "Difference": Romanian Interwar Feminism] Anemari Monica Negru (editor), Alexandrina Cantacuzino și mișcarea feministă din anii interbelici, Vol. I, Editura Cetatea de Scaun, Târgoviște, 2014, 320 p. Volumul Alexandrina Gr. Cantacuzino și mișcarea feministă din anii interbelici - publicat de Monica Negru
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de vedere, aceasta pereche de termeni, poate ajuta individul să înțeleagă paradoxul în care trăim. Ioana Cristea DRĂGULIN Despre comunism ca soluție la problema râului. Mărturia critică a lui Mijlovan Djilas 1 [About Communism aș A Solution to the Problem of Evil. The Critique Testimony of Mijlovan Djilas] Milovan Djilas, Conversații cu Stalin (trad. Sorin Șerb), Editura Corint, București, 2015, 286 p. Scrisă în 1961 și apărută anul următor, cartea lui Milovan Djilas poate fi citită din două perspective. Prima, mai
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termeni, poate ajuta individul să înțeleagă paradoxul în care trăim. Ioana Cristea DRĂGULIN Despre comunism ca soluție la problema râului. Mărturia critică a lui Mijlovan Djilas 1 [About Communism aș A Solution to the Problem of Evil. The Critique Testimony of Mijlovan Djilas] Milovan Djilas, Conversații cu Stalin (trad. Sorin Șerb), Editura Corint, București, 2015, 286 p. Scrisă în 1961 și apărută anul următor, cartea lui Milovan Djilas poate fi citită din două perspective. Prima, mai apropiată de intențiile autorului (așa cum
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Noi (trad. Inna Cristea), Polirom, Iași, 2014, pp. 118-119. Note despre autori Andrei ALEXANDRESCU is PhD. Lecturer în History, Faculty of History, University of Bucharest. He studied History and Political Sciences. His topic research areas are: History of Historiography, making of național and religious identities, the history of imaginary and mentalities. He hâș published articles în several collective volumes and în the Annals of Bucharest University - History. Mădălina Virginia ANTONESCU holds a Ph. D. în European Law, at Bucharest University, Department
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a Ph. D. în European Law, at Bucharest University, Department of Law (2009) and she is scientific researcher. At present, she is counselor at Romanian Diplomatic Institute and honorary researcher at Romanian Institute for Human Rights. She holds a diplomă of Paris I Pantheon Sorbonne University (1998) and she hâș also, master în "Internațional relations and European integration" (2001-2003), at the Național School for Political and Administrative Studies, Bucharest. Aurelia Peru-BALAN is Doctor of Political Sciences (2004), Associate Doctor (2008) at
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for Human Rights. She holds a diplomă of Paris I Pantheon Sorbonne University (1998) and she hâș also, master în "Internațional relations and European integration" (2001-2003), at the Național School for Political and Administrative Studies, Bucharest. Aurelia Peru-BALAN is Doctor of Political Sciences (2004), Associate Doctor (2008) at Moldova State University. She is a Researcher Coordinator at Academy of Sciences of Moldova, within Institute of Political and Legal Research. Is the author of the following monographs: Political PR management; Electoral Votes
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integration" (2001-2003), at the Național School for Political and Administrative Studies, Bucharest. Aurelia Peru-BALAN is Doctor of Political Sciences (2004), Associate Doctor (2008) at Moldova State University. She is a Researcher Coordinator at Academy of Sciences of Moldova, within Institute of Political and Legal Research. Is the author of the following monographs: Political PR management; Electoral Votes Chase; Occidental Trends, național specific (2014); Political PR and Crisis Communication în the Republic of Moldova (2009-2010), (2010). At present, she works aș a
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