Advertisement

Environmental law

Advertisement

We live in a world in which we are subject to a series of environmental and economic effects that transcend national borders. The great increase that has occurred in globalization has led to a greater recognition of the need to address this series of problems. The environmental law is a set of laws , principles , policies , directives and regulations environmental promulgated and implemented by local, national or international institutions to regulate the humane treatment to the non – human world, ie the nature. During the late 20th century, environmental law developed from a supplement to public health regulations law in an almost universally recognized independent field that protects both human health and non-human nature.

Advertisement
What is environmental law?

Environmental law is the set of rules of nature law that are supported on ecological substratum are rules and principles that have been founded to provide protection for the environment against humans.

Advertisement
  • What is environmental law?
  • Characteristics
  • Legal nature
  • Background
  • Story
  • Objective of environmental law
  • Sources
  • Beginning
  • Purposes
  • Importance of environmental law
  • Examples

What is environmental law?

The right environment is to establish the laws , regulations and controls to be implemented in order to maintain the conservation and preservation of the environment, since it is considered as the only place in which the human being is able to carry out its own existence .

Advertisement

Characteristics

Among the main characteristics we can mention the following:

  • It is a type of interdisciplinary law so it needs several branches and at the same time it serves some branches of law itself.
  • It is transdisciplinary because it is capable of interacting with other sciences.
  • It is dynamic , it has the ability to change over time and depending on the events that occur.
  • It is innovative and supportive as it seeks solutions to avoid damaging the environment.
  • It has a dispersion of a normative nature.
  • Has an irrelevant international jurisdictional activity .
  • There are no responsibilities in environmental law that have been established in international matters and are not reflected in the internal law of the country itself.
  • There is no environmental law court , but there are arbitrators who help solve problems.
  • The different agreements that are taken in the Soft Law generation are voluntary and not mandatory.
  • All the different norms of environmental law have been made with the aim of preventing and not curing.

Legal nature

The legal nature of environmental law does not follow an autonomous system of closed order since this branch of law has been introduced into society through great changes that have arisen over time . It is for this reason that its principles, techniques and objectives as well as its legal nature; They have their foundation in general international law in the differences that exist between States .

Background

Since ancient times there have been different ways of regulating the environment and punishing those who damage it. As a concept of law, it dates from the year 1,800. Before this time, there is no record of the existence of a right to protect the environment . With the passage of time, it is understood that natural resources can be exhausted and for this reason, human beings become aware of the importance of these, so they begin to take measures to regulate their use. In the first phase, the law made agreements regarding the environment . After the second world war the world tookawareness of environmental problems .

History

The story can be divided into three different stages that have a middle point with the Stockholm Conference and the Earth Summit in Rio de Janeiro. Other aspects that influenced the history of environmental rights are for example: the silent spring that was responsible for founding the foundations of today’s environmentalism, the Stockholm conference that paid all its attention, the Earth Summit in 1992 and the Kyoto Protocol that fights against climate change .

Objective of environmental law

The main objectives of environmental law are to maintain adequate control of pollution and the conservation and management of resources. Its laws seek a way to protect and care for the environment and human health at the same time . They also take care of the economic aspect of environmental laws by preventing externalities that occur today and those that could occur in the future.

Sources

The sources of environmental law are all the actions of man that participate in the degradation of the environment causing a decrease in the species of an area or making their quality of life worse through the action of man. The sources of law are not specifically found in the constitution , but a right of citizens who are interested in their country are named .

Beginning

The fundamental principles of environmental law are the following:

Principle of intergenerational equality.

Principle of common care for the interests of humanity.

Purposes

The purposes of environmental law in most countries is to protect people’s health , manage to control environmental pollution and protect the environment of the social and productive sector.

Importance of environmental law

The greatest importance of environmental law is to guarantee the sustainability of the planet and it is seen as a right of today’s society and of future societies. It is a right and a duty of every citizen to protect the natural resources necessary for life.

Examples

Ecuador , considers nature as an objective of law, making this country the first to recognize the rights that nature has for its care and preservation. In Spain , the Spanish Constitution establishes that all people can enjoy the environment but that they must also conserve it to protect and improve its quality of life . In Mexico , the constitution says that everyone can enjoy the environment but that the State also guarantees the respect that must be given to it and that any environmental damage will have its responsibilities in accordance with the provisions of thelaw .

Leave a Comment