Environmental protection

International Nuclear Information System (INIS)

Klinda, J.; Lieskovska, Z.

1998-01-01

In this chapter environmental protection in the Slovak Republic in 1997 are reviewed. The economics of environmental protection, state budget, Slovak state environmental fund, economic instruments, environmental laws, environmental impact assessment, environmental management systems, and environmental education are presented

Protecting the environment for future generations. Principles and actors in international environmental law

Energy Technology Data Exchange (ETDEWEB)

Proelss, Alexander (ed.) [Trier Univ. (Germany). Inst. of Environmental and Technology Law

2017-08-01

This book compiles the written versions of presentations held at the occasion of an international symposium entitled ''Protecting the Environment for Future Generations - Principles and Actors in International Environmental Law''. The symposium was organized by the Institute of Environmental and Technology Law of Trier University (IUTR) on the basis of a cooperation scheme with the Environmental Law Institute of the Johannes Kepler University Linz, Austria, and took place in Trier on 29-30 October 2015. It brought together a distinguished group of experts from Europe and abroad to address current issues of international and European environmental law. The main objective of the symposium was to take stock of the actors and principles of international and European environmental law, and to analyze how and to what extent these principles have been implemented on the supranational and domestic legal levels.

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

2008-07-01

The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

The responsibilities of the in-plant environmental protection officer under civil law and under criminal law

International Nuclear Information System (INIS)

Salje, P.

1993-01-01

The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect? This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.) [de

Environmental law. 2. rev. and enl. ed.; Umweltrecht

Energy Technology Data Exchange (ETDEWEB)

Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

2007-07-01

The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

Developments in environmental and engineering law in 1990

International Nuclear Information System (INIS)

Brandner, T.

1991-01-01

The detailed and clear compilation for the period 1.1.1990-31.1.1991 covers the following topics: Environmental and engineering law in the German unification process; superordinate developments in the EG and in Germany, in particular: Draft Federal Environmental Code, Civil Environmental Liability Act, EIA, German Federal Environmental Foundation; technological safety; climate protection - international agreements, EC law, developments in Germany; air and noise pollution control law; atomic and radiation protection law - point of departure, legislation, individual questions: Federal supervision, nuclear disposal and recycling. Moreover: Environmental concerns in regional planning; the law of nature conservation, water protection, waste management, hazardous materials, genetic engineering and soil protection. (HSCH) [de

INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

Directory of Open Access Journals (Sweden)

Elena IFTIME

2014-06-01

Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

Integrated environmental protection obligations under European law, survey analysis of Austrian legislation

International Nuclear Information System (INIS)

Berthaler, W.

2001-05-01

This work focuses on legal instruments serving integrated environmental protection, especially with respect to administrative procedures concerning plant permits, and their inhorent limits. Initially, the legal and scientific approach pursued under the notion of 'integrated environmental protection' and 'environmental impact assessment' is examined and clarified in chapter A. Based thereon, chapter B deals with the obligations resulting from the EIA-Directive and - compared therewith - from the IPPC-Directive with regard to procedures for plant permits. Further, Austria's delay in fully transposing these directives is examined. When dealing with the constitutional basis for transposing the EIA- and IPPC-D into Austrian administrative law (chapter C), the inherent limits of some competence of legislation are discovered to be too narrow to ensure full compliance with EC law; only with regard to EIA, legistation is based on sound constitutional ground. The second part of the work is devoted to three areas of discussion on EIA- and IPPC-procedures under Austrian law: the scope of their applicability (chapter D), the problems of integrated evaluation and the limits of ecological expertise (chapter E) and aspects of public participation (chapter F). The study is concluded by a summary of the main results (chapter G). (author)

Environmental law in change

International Nuclear Information System (INIS)

Mayer-Tasch, P.C.

1978-01-01

This study describes the process of change of environmental protection law taking place during an ecological crisis and unter the increasing pressure of the ecological movement. Special analyses refer to the reform of the licensing procedures and prodecures of dispute under environmental protection law today being in the focus of juridical discussion. Furthermore they refer to the juridical implementation of the fundamental right of life in an unspoiled and healthy environment. The volume ends with a study on ''Nuclear energy, law and justice'', - a subject being topical and important for its broad political consequences on environment, energy and economy. (orig.) [de

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

Legal significance of environmental protection in foreign investments law

OpenAIRE

Divljak Drago

2013-01-01

The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field i...

The international law commission and international environmental law

International Nuclear Information System (INIS)

Ramcharan, B.G.

1975-01-01

If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

Inspection control and the environmental protection

Directory of Open Access Journals (Sweden)

Milkov Dragan L.

2015-01-01

Full Text Available Environmental protection is the task of many administrative bodies, but the activity of the environmental inspection is of special importance. According to the Law on Environmental Protection, inspection's tasks in this area belong to the competence of republican bodies, ie. Ministry of Agriculture and Environmental Protection. Autonomous province and local self-government have only delegated competence in this field, under condition that this is explicitly regulated in special laws. Environmental inspection's activity consists in preventive actions, certain prior - preparatory activities and the audit itself. In addition, following the intervention of the Inspector issue of the control may be corrective or repressive. According to the Law on Inspection Control and the Law on Environmental Protection, the inspectors have a number of powers and responsibilities, which enable them to ensure the lawful and proper conduct of individuals and legal entities.

Climate protection laws in Taiwan

International Nuclear Information System (INIS)

Chiu, Yen-Lin Agnes

2014-01-01

The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

The criminal law responsibility of officials under environmental criminal law

International Nuclear Information System (INIS)

Winkelbauer, W.

1986-01-01

The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de

Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. [Full text edition with detailed index and an introduction by Prof. Dr. P. C. Storm]. Umweltrecht. Wichtige Gesetze und Verordnungen zum Schutz der Umwelt. Stand 1. Juli 1989

Energy Technology Data Exchange (ETDEWEB)

1989-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment.The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.).

Environmental protection and penal law in Greece - a comparison with the German penal code on environmental matters. Der strafrechtliche Umweltschutz in Griechenland unter besonderer Beruecksichtigung des Deutschen Umweltstrafrechts

Energy Technology Data Exchange (ETDEWEB)

Karamanidis, G.

1985-01-01

The first chapter outlines the ecological situation of Greece, while the second chapter presents the legal foundations of environmental protection in Greece. Secondary laws are mentioned, as these are generally the laws in which penal liabilities are stated. The present environmental protection regulations are found to be unsatisfactory and unfit for preventing environmental damage. A new legislative structure is proposed on the basis of German environmental protection standards. (orig./HSCH).

Environmental law. 6. rev. and enlarged ed.

International Nuclear Information System (INIS)

1991-01-01

This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.) [de

The sources of the specificity of nuclear law and environmental law

International Nuclear Information System (INIS)

Rainaud, J.M.; Cristini, R.

1983-01-01

This paper analyses the sources of the specificity of nuclear law and its relationship with environmental law as well as with ordinary law. The characteristics of nuclear law are summarized thus: recent discovery of the atom's uses and mandatory protection against its effects; internationalization of its use, leading to a limitation of national authorities competence. Several international treaties are cited (Antarctic Treaty, NPT, London Dumping Convention etc.) showing the link between radiation protection and the environment. (NEA) [fr

The rights of avoidance of third parties and 'protection laws'

International Nuclear Information System (INIS)

Gassner, E.

1981-01-01

After having given an account of the rights of avoidance of third parties and their foundation in the law the author cites an atypical example of a right of avoidance, i.e. the corporation suit in the environmental protection law in the German Laender Bremen and Hesse. The corporations can only denounce the violation of the environmental protection law. These regulations constitute the protection law, namely in favour of the interests of nature protection, i.e. public interests. It is natural that the corporation has only be concerned an independent right of conducting a case. The (altruistic) corporation suit is therefore a complaint suit aiming at administration control and not a means of an individual legal protection. (HSCH) [de

Origins and framework of environmental law in the United States

Energy Technology Data Exchange (ETDEWEB)

Robinson, N A

1975-11-01

A sensitivity for protecting the environment has opened a new field of Environmental Law, backed by government allocations, legal and administrative procedures, and public involvement. Environmental laws, however, remain responsive to new scientific and technological discoveries and expanding public pressures for both environmental protection and energy. Prior to the 1960s, there were laws to regulate resource exploitation, preserve natural areas, correct past damage, protect public health, control land use, and preserve common law and equity. Since then environmental concerns have become laws, agencies, and part of the law school curriculum. New regulations requiring accountability from the private sector, local governments, and public corporations (e.g., utilities) tend to cut across jurisdictions and require changes in governmental relationships. The legal tools available for protecting the environment include (1) regulation, such as permit and licensing systems and allocations; (2) procedural innovations, such as environmental impact analysis and reporting; (3) direct action, such as imposed air and water quality standards; (4) taxation; (5) government spending and contracting, as in solid waste disposal; (6) grants-in-aid and loans; (7) court enforcement; (8) coordinated land use; and (9) research. Citizen participation in the use of these tools has been vital to the momentum of an environmental protection concept. (150 references) (DCK)

The extension of the protection of the individual person against environmental pollution as a task for public law

International Nuclear Information System (INIS)

Breuer, R.

1986-01-01

The author has the opinion that an extension of protection of individuals against environmental pollution is not desirable in the field of fundamental rights. The atomic energy and radiation protection law extends the protection of individuals even further than to warding off a danger. An extension is limited by the structure and complexity of modern environmental pollution. The existing system of individual protection generally is sufficient, the author objects esspecially against the action of an association. (CW) [de

Environmental law. A course of lectures for a cross-disciplinary audience

International Nuclear Information System (INIS)

Schulte, H.

1999-01-01

Readers interested in getting more insight in the legal framework available for supporting environmental protection policy will find a comprehensive picture of the environmental law applicable in Germany. The format chosen for the book is that of a lecture series, so that the reader is given step-by-step orientation and systematic guidance in approaching the complex material. The positive law and the underlying scientific systems are explained. An introductory part discusses the legal instruments available for enforcement of environmental law, the position of environmental law within the entire legal system of Germany, as well as relevant aspects of the law of the European Union, and international law. The subsequent chapters present an exhaustive survey of the subjects and objectives of German environmental law, as well as the legal practice and the issues involved. The chapters' headings read as follows: Abatement and control of emissions; the structure and functions of the state; administrative powers and action; civil rights and environmental protection; atomic energy law; water protection; waste management; nature conservation; the law on chemicals; the law relating to genetic engineering. The final chapter discusses aspects of environmental liability. (orig./CB) [de

Climate protection laws in Taiwan; Klimaschutzrecht in Taiwan

Energy Technology Data Exchange (ETDEWEB)

Chiu, Yen-Lin Agnes [Fu Jen Catholic Univ., Taipei, Taiwan (China). School of Law

2014-07-01

The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

Environmental laws in Pakistan with case la w analysis

International Nuclear Information System (INIS)

Khan, M.S.

2005-01-01

Laws of Nature should be respected in the interest of the human race. It is very hard to go against them. Doing so will only result in the subsequent devastation of this earth and its inhabitants. The literal meaning of environment is 'life around us in which we all exist'. The word environment caught world attention after various protest and demonstrations by environmentalists' during the early 70s. Issues like Deforestation, Industrialization and Pollution in the urban cities of Pakistan are constantly increasing and are affecting the quality of life significantly. Increasing drudgeries regarding environmental issues have forced governing bodies and jurists to take some pragmatic action in the form of environmental laws. The legislature, executive and judiciary of Pakistan have yet not adequately and effectively realized this hard fact. It is also aggravating that the courts of law are reluctant to take a stand on this hard-core issue of environmental protection and preservation. The era from 1983 to 1997 appears to be the period of heightened environmental awareness in Pakistan. The very first Environmental Protection Ordinance 1983 was promulgated in this period, which laid the foundation stone of a new environmental legal system for Pakistan. A campaign started which worked hard for the enactment of Environmental Protection Act, 1997. This Act is not the last step but the best prevailing and available remedy for environment control in Pakistan. This research paper aims to analyze the development of environmental laws in Pakistan, important environmental statutes enacted in Pakistan, implementation and enforcement mechanisms contained in the Pakistan Environmental Protection Act, 1997, environmental treaties effective for Pakistan, public interest litigation, judicial activism, conclusions and suggestions. Specific emphasis will be on case law and the interpretation of environmental issues by the Pakistani Courts. In the end the repercussions of environment

Punishability of office-holders in environmental law

International Nuclear Information System (INIS)

Papier, H.J.

1988-01-01

The author deals with the question of criminal responsibility of office-holders in the field of environmental law. The provisions in secs. 324-330 of the Penal Code do not grant independent or origin protection from violation of the law. They depend on administrative law regulations. (WG) [de

Can Environmental Law be standardized

International Nuclear Information System (INIS)

Sendler, H.

1981-01-01

The author makes basic considerations on standardizability both in Constitutional Law and in simple Legislative Law. He discusses in detail a key issue of Environmental Law, namely the standardization of the right of third parties affected to file suit. In painstaking detail work one has to differentiate between standards having and not having an effect which protects third parties, and how far the protection of third parties goes. The limits to standardizability are reached with the use of undetermined legal terms. The shortcomings of standardizability for the legislator could and should be made up for by the statutory power which has to reify standards in a way which could guarantee efficient execution. (HSCH) [de

Yearbook of environmental and engineering law 1990

International Nuclear Information System (INIS)

Marburger, P.

1990-01-01

The yearbook 1990 again contains individual contributions on German, foreign, and international environmental and engineering law. Beginning with this volume, there will always be a detailed report on previous year developments in environmental and engineering law in order to master the continuously increasing legal material. Some contributions - there are others - deal with the following subjects: Legislative need to act in matters of genetic engineering; ethics commissions and constitutional law; nature's own rights; legal protection of local government against brown coal plans; mining laws; sports and air-traffic noise; questions of nuclear waste management; removal of long-standing multi-party liability in environmental law; waste and restoration of abandoned industrial sites; technological development and liability insurance; problems of legislation coming into effect in pollution abatement procedures; Dutch air pollution abatement fund; environmental absolute liability in Austria; EC environmental legislation and solo actions by individual member states. (HSCH) [de

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

International Nuclear Information System (INIS)

Lohse, S.; Doerner, E.

1992-01-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

Maritime environmental penal law. International and German legislation

International Nuclear Information System (INIS)

Eller, Jan Frederik

2017-01-01

The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

The responsibilities of the in-plant environmental protection officer under civil law and under criminal law. Zivilrechtliche und strafrechtliche Verantwortung des Betriebsbeauftragten fuer Umweltschutz

Energy Technology Data Exchange (ETDEWEB)

Salje, P.

1993-11-20

The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.)

1992 yearbook of environmental and technology-related law

International Nuclear Information System (INIS)

Schroeder, M.

1992-01-01

The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

Environmental protection implementation plan

International Nuclear Information System (INIS)

Holland, R.C.

1998-03-01

This Environmental Protection Implementation Plan is intended to ensure that the environmental program objectives of Department of Energy Order 5400.1 are achieved at SNL/California. This document states SNL/California's commitment to conduct its operations in an environmentally safe and responsible manner. The Environmental Protection Implementation Plan helps management and staff comply with applicable environmental responsibilities. SNL is committed to operating in full compliance with the letter and spirit of applicable environmental laws, regulations, and standards. Furthermore, SNL/California strives to go beyond compliance with legal requirements by making every effort practical to reduce impacts to the environment to levels as low as reasonably achievable

An introduction to environmental law. 2. enlarged ed.

International Nuclear Information System (INIS)

Schmidt, R.; Mueller, H.

1989-01-01

The author outlines the environmental law in the Federal Republic of Germany and surveys the main legal regulations in the field of environmental protection. Inter alia he deals with problems of installations subject to permission and with legal questions of transfrontier environmental pollution. This second edition brings up to date or enlarges the first by information and facts concerning in particular the deficits in enforcement, informal acts of the administration, the protection of animals and endangered species of wild fauna and flora, the environmental impact statement, liability for environmental pollution, the problems involved in the management of waste found at abandoned industrial sites or dumps, radiological protection issues, and environmental protection provided by the EEC Treaty. (orig./HP) [de

TRANSBOUNDARY DAMAGE IN THE LIGHT OF INTERNATIONAL ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Oana Maria HANCIU

2014-05-01

Full Text Available Some activities that are useful for economic and social development of a State even if are not prohibited by national or international law can cause transboundary damages to other countries. This kind of transboundary damages have given rise to theories of State responsibility and a worldwide demand for increased environmental protection. "Under the principles of international law...no State has the right to use or permit the use of its territory in such a manner as to cause [environmental] injury ... in or to the territory of another or the properties of persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence." (Stockholm Principle 21 The paper analyses the impact of transboundary damage in the light of international environmental law and the increasing concern among States for environmental protection.

The Hungarian environmental private law under the influence of jus publicum

Directory of Open Access Journals (Sweden)

Julesz Máté

2016-01-01

Full Text Available The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however

Listed installations for environmental protection in hospitals

International Nuclear Information System (INIS)

Mullot, J.U.; Chaulet, J.F.; Thual, A.; Lafon, M.

1999-01-01

This work deals with the implications of different French rules and regulations concerning the environmental protection in hospitals. A special place is given to listed installations for environmental protection, because of their importance. A summary of important regulatory texts is presented concerning these installations, and also an inventory of installations or activities concerned, and the definition of the necessary procedures. Some ideas are also given about the much needed creation of an 'environmental network' inside hospitals, in order to cope with these concerns. Then, we briefly deal with more recent developments concerning the environmental protection, which will, no doubt, extend to hospitals, such as the French water law, air law, and procedures for the management of medical waste. Finally, the stakes of environmental decisions in hospitals and the chemist's place in these decisions are debated. (authors)

Environmental impact evaluation: law no. 16.466 of 1994 01 14 and regulations

International Nuclear Information System (INIS)

2007-01-01

No.16.466 law of January 9, 1994, known as the Law on Prevention and Environmental Impact Assessment EIA or just law is probably the law marked the beginning of a new generation of environmental standards in Uruguay, together with other like Hazardous Waste Act (Act 17 220 1999), the law of Natural Protected Areas System (Law 17 234 2000) and especially the General Law Protection Environment (Law no. 17 283 of November 28, 2000), but which also reaches to the Constitution of the Republic, with the inclusion of environment in the new wording of Article 47 of the 1996 reform.

Transfrontier environmental protection and German penal law. Grenzueberschreitende Umweltbelastungen und deutsches Strafrecht

Energy Technology Data Exchange (ETDEWEB)

Forkel, H.W.

1988-01-22

The author investigates the problem of how far German penal law is valid in case of transfrontier environmental pollution. He distinguishes between cases in which the interests of Germany and the neighbour state are congruent, and cases in which they are not congruent. According to the author, German law should be applied in cases where the other country has no environmental penal legislation, and where the emissions exceed the limits set by German and foreign law. (orig./HSCH).

Organizational and legal mechanism of the environmental protection

Directory of Open Access Journals (Sweden)

А. П. Гетьман

2014-12-01

Full Text Available Organizational and legal mechanisms of environmental protection are defined by the author of the article as a mechanism of organization and system of activities of state executive power bodies and local self-government bodies in the field of environmental public relations arising in connection with environmental protection and environmental safety provision. The rules of administrative law are its legal basis, alongside with the norms of environmental law. The former designed to reflect the specifics of the subject, objects, subjects and principles of legal regulation of social relations in this area. The latter define common goals, objectives and functions of state public relations management nature.

Outlines of environmental Law

International Nuclear Information System (INIS)

Salzwedel, J.

1982-01-01

In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

Environmetal protection within the law relating to regional policy. Anchoring the climatic protection und the protection of biodiversity within the law relating to regional policy; Umweltschutz im Planungsrecht. Die Verankerung des Klimaschutzes und des Schutzes der biologischen Vielfalt im raumbezogenen Planungsrecht

Energy Technology Data Exchange (ETDEWEB)

Janssen, Gerold; Albrecht, Juliane [Leibniz-Institut fuer oekologische Raumentwicklung e.V., Dresden (Germany)

2008-03-15

The report is concerned with the anchoring of the climate protection within the law relating to regional policy. The report covers the following topics: (1) Fundamentals of planning policy: the regional planning legislation, municipal planning authority, constitutional provisos, environmental protection as constitutional principle; (2) climate protection laws: legal instruments; legal planning relevance of climate protection instruments deficiencies and protective effect; (3) biodiversity protection: laws concerning biodiversity, legal planning relevance of biodiversity protection instruments: deficiencies and protective effects.

Environmental impact statement law and environmental impact statement administration regulation

International Nuclear Information System (INIS)

Feldmann, F.J.

1991-01-01

The contribution does not deal with the question - as might be suggested by the heading - that the execution of the environmental impact statement law might be uncertain if there are no further accompanying legal transformatory acts. Putting the environmental impact statements into action is concerned in partiuclar with procedural provisions regarding the Federal Act on Protection against Nuisances and the Atomic Energy Act. The author deals with aspects of the environmental impact statement law and the state-of-the-art achieved so far. He also deals with legislative intent, with further points of putting the law into practice, i.e. the information requirements in the administrative provisions and the integrating aspect, the amalgamating aspect, the requirements made on the state of the environment, and the significance of administrative provisions. Also treated are legal procedures in the Federal Laender and on an international level. (RST) [de

Forbidden immisions and environmental protection

Directory of Open Access Journals (Sweden)

Popov Danica

2012-01-01

Full Text Available In the Serbian Law and in the most of jurisdictions, there are limits on exercising the right of property. A real estate owner must refrain from activities by which the use of other real estate is being imploded through the emission of excessive gasses, vapors, smoke, heat, noise, the draining of waste water, etc. Neighboring real estate owners must endure such harmful effects if they do not exceed the limit of usual endurance, taking into account the nature and purpose of such real estate, as well as local conditions. The property owner who is affected by emissions exceeding the set limit, has the right to request a stop of emissions which exceeded the allowed volume of emissions. If the imissions originate from some industrial plants, within the activity allowed by a state authority, one cannot request a cessation of such activities, but can simply seek damages. The issue of the environmental protection in the Republic of Serbia is regulated by a number of particular substantive laws, with a Law of environmental protection of 2009. as fundamental Law.

Conflict Between Economic Growth and Environmental Protection

Energy Technology Data Exchange (ETDEWEB)

Czech, Bryan

2012-01-09

The conflict between economic growth and environmental protection may not be reconciled via technological progress. The fundamentality of the conflict ultimately boils down to laws of thermodynamics. Physicists and other scholars from the physical sciences are urgently needed for helping the public and policy makers grasp the conflict between growth and environmental protection.

Environmental Protection in Indian Country

Science.gov (United States)

EPA's efforts to protect human health and the environment of federally recognized Indian tribes by supporting implementation of federal environmental laws consistent with the federal trust responsibility, and the government-to-government relationship.

The environmental protection in the Republic of Lithuania. Information bulletin No 1

International Nuclear Information System (INIS)

1992-01-01

Collection of Lithuanian laws regulating environmental protection in Lithuania is presented. The main of them is the Law on environmental protection of the Republic of Lithuania. This law establish the main rights and duties of legal and natural persons guaranteeing the right of the population of the Republic of Lithuania to healthy and safe environment, harmonic development of the interaction between the society and nature. Among general principles of environment protection, regulation of economic activities and introduction of basis of taxation for environment pollution, the law defines the main requirements for the production and usage of radioactive materials, management of radioactive waste. According to the article 21 usage of radioactive materials for the production of nuclear weapons is prohibited. By the article 23 importation of radioactive waste into the Republic of Lithuania for storage, treatment and disposal is prohibited. Two governmental institutions - Environmental Protection Department and Ministry of Health are responsible for the preparation of regulations for the record-keeping, transportation, storage, disposal of radioactive materials as well as norms of radiation protection. The full text of the Law on taxes on the state natural resources, Law on taxes on environmental pollution are also included in this publication

The environmental protection in the Republic of Lithuania. Information bulletin No 1

Energy Technology Data Exchange (ETDEWEB)

NONE

1993-12-31

Collection of Lithuanian laws regulating environmental protection in Lithuania is presented. The main of them is the Law on environmental protection of the Republic of Lithuania. This law establish the main rights and duties of legal and natural persons guaranteeing the right of the population of the Republic of Lithuania to healthy and safe environment, harmonic development of the interaction between the society and nature. Among general principles of environment protection, regulation of economic activities and introduction of basis of taxation for environment pollution, the law defines the main requirements for the production and usage of radioactive materials, management of radioactive waste. According to the article 21 usage of radioactive materials for the production of nuclear weapons is prohibited. By the article 23 importation of radioactive waste into the Republic of Lithuania for storage, treatment and disposal is prohibited. Two governmental institutions - Environmental Protection Department and Ministry of Health are responsible for the preparation of regulations for the record-keeping, transportation, storage, disposal of radioactive materials as well as norms of radiation protection. The full text of the Law on taxes on the state natural resources, Law on taxes on environmental pollution are also included in this publication.

The Law on Preventive Radiation Protection. A link between environmental protection and civil defence

International Nuclear Information System (INIS)

Roewer, H.

1988-01-01

The Law on Preventive Radiation Protection defines the legal framework of and the measures to be taken for achieving the purpose of the law, with competences being assigned to a variety of authorities of the Bund or Laender. The bill very quickly passed Parliament and this indeed is a very positive result, as the subject is a delicate one, politically speaking, but the disadvantages of the short law-making period are realized when going through the various provisions. There is a lack of exactness regarding terms and definitions, legal systematics, or assignment of competences. Also, lack of clear demarcation of applicability of the law against other laws in this field is likely to pose problems in practice. The article also presents a survey of tasks and competences assigned to the Bund or the Laender, and the relevant authorities concerned. (orig./HSCH) [de

The Property Right and the Requirements of Environmental Protection

Directory of Open Access Journals (Sweden)

Vasilica NEGRUŢ

2014-11-01

Full Text Available The environmental protection has lately become an essential component of the concept of sustainable development, along with the economic, social and cultural components. Being an objective of public interest, the environmental protection and conservation are essential to ensure the habitat necessary for continuing the human existence. Considering this aspect, the limitation of ownership required by certain laws has both a social and moral justification, the environmental protection having a direct link with the level of public health, which is a value of national interest. The legal limits of the ownership are restrictions brought by the law, considering aspects regarding the general interest of society. In this article we intend to emphasize, on the analysis and comparison of legislation and case law, the nature of the relationship between ownership of property and environmental rights, as well as the limitations of property rights in favor of environmental protection. As a conclusion, the environmental easements meet a wide national and international recognition and guarantee, the holder of the property having to exercise it in the interest of the whole community, including the protection and conservation of the environment. At the same time, we must consider that the right to property and environment are fundamental rights guaranteed by the Romanian Constitution itself, which makes us conclude that they converge and mutually enrich across the fundamental duties as well.

Austria's environmental law in comparison with the environmental law of the EC

International Nuclear Information System (INIS)

Jantscher, S.H.

1991-11-01

The thesis describes and compares the environmental legislation in Austria and the EC. A short introduction into structure and organization of EC-institutions and EC-legislation in followed by an examination of the constitutional foundations of environmental policy in Austria and the EC respectively. After the adoption for the Single European Act, the EEC-Treaty provides for objectives, orientation criteria and instruments regarding environmental protection. These provisions constitute a valid basis for environmental action. The adoption of a constitutional law does equally declare environmental protection as an objective of the state in Austria, however, its significance is regarded as rather controversial. Some provinces ('Laender') have shown a higher degree of sensitivity in their constitutions . The distribution of powers between the EC and its member stated in the field of environmental protection is of particular interests. It is shown, that the principle of subsidiarity and the safeguard-clauses leave discretion to the member states. Much will be determined by the European Court of Justice (ECJ) . Main emphasis has been placed on the description and comparison of Austria's and the EEC-environmental legislation. Environmental legislation of Austria as well as the EC is outlined sector by sector (i.e. water, air, chemicals, waste, soil, fauna and flora) and subsequently the object of a detailed comparison. Criteria, such as - preventiveness -stringency - focus, depth and comprehensiveness - clearness and legal force of the regulations have been applied. For most of the mentioned sectors it is correct to state, that Austria's legislation is more preventive, advanced, comprehensive and stringent (especially regulations related to water, waste, chemicals, also air) . However, there are particular areas (e.g. air quality objectives, noise limits for construction plants) where Austria' s legislation may well get a fresh impetus

Large-scale projects between regional planning and environmental protection

International Nuclear Information System (INIS)

Schmidt, G.

1984-01-01

The first part of the work discusses the current law of land-use planning, municipal and technical construction planning, and licensing under the atomic energy law and the federal law on immission protection. In the second part some theses suggesting modifications are submitted. In the sector of land-use planning substantial contributions to the protection of the environment can only be expected from programs and plans (aims). For the environmental conflicts likely to arise from large-scale projects (nuclear power plant, fossil-fuel power plant) this holds good for the most part of site selection plans. They have bearings on environmental protection in that they presuppose thorough examination of facts, help to recognize possible conflicts at an early date and provide a frame for solving those problems. Municipal construction planning is guided by the following principles: Environmental protection is an equivalent planning target. Environmental data and facts and their methodical processing play a fundamental part as they constitute the basis of evaluation. Under the rules and regulations of the federal law on immission protection, section 5, number 2 - prevention of nuisances - operators are obliged to take preventive care of risks. That section is not concerned with planning or distribution. Neither does the licensing of nuclear plants have planning character. So far as the legal preconditions of licensing are fulfilled, the scope for rejection of an application under section 7, subsection 2 of the atomic energy law in view of site selection and requirement of a plant hardly carries any practical weight. (orig./HP) [de

Environmental law - the question of a systematization and codification of environmental law in Austria

International Nuclear Information System (INIS)

Chiu Yen-Lin, A.

2000-04-01

In the last three decades environmental law has become an important part of jurisprudence. As a cross-section subject environmental law refers to a number of different legal subjects, making a clear distinguishing impossible. The thesis has the purpose to explain the concept of environmental law and to systematize the field of environmental law (also with regard to a general codification). Beginning with a summary of environmental law definitions and following a review of the international and national legal development there is an overall view about the sources, the various sections, the principles, the instruments and the implementing institutions of environmental law. The question of a complete codification of environmental law in a statute book is of special interest, as there are also international endeavors going in this direction. (author)

The principle of cooperation in environmental law

International Nuclear Information System (INIS)

Rengeling, H.W.

1988-01-01

The study prepared by order of the Federal Office for Environmental Protection describes the cooperation principle in German environmental policy. It presents examples from various areas of environmental protection, i.a. the participation of third-parties in government decisions. The functions, advantages, problems and risks of cooperation are dealt with. The study focuses on the constitutional and administrative fundamentals for the evaluation of the admissibility and limits of cooperation. On the one hand, there has to be cooperation between State and Society, on the other, there is a normative separation of the two in accordance with constitutional law. The study points out scopes of action for cooperation between State and Society. (RST) [de

The protection of environmental interests through corporate governance: A South African company law perspective.

Directory of Open Access Journals (Sweden)

Anthony O Nwafor

2015-07-01

Full Text Available The quest to maximize profits by corporate administrators usually leaves behind an unhealthy environment. This trend impacts negatively on long term interests of the company and retards societal sustainable development. While there are in South Africa pieces of legislation which are geared at protecting the environment, the Companies Act which is the principal legislation that regulates the operations of the company is silent on this matter. The paper argues that the common law responsibility of the directors to protect the interests of the company as presently codified by the Companies Act should be developed by the courts in South Africa, in the exercise of their powers under the Constitution, to include the interests of the environment. This would guarantee the enforcement of the environmental interests within the confines of the Companies Act as an issue of corporate governance.

Environmental protection: Shifting the focus toward the protected object

Directory of Open Access Journals (Sweden)

Cvetić Radenka

2013-01-01

Full Text Available This article is an attempt to provide a comprehensive overview of the rationale which led to developments in the law of environmental protection in a direction of an even more efficient protection of environment from human beings. There has been a transformation of the constitutionally protected right to a healthy environment to the Constitutional guarantee which involves both duty and responsibility for its protection. There has also been a shift from declaratory protection toward enforceable prohibitions and orders. These transformations have occurred when the society faced, under dramatic circumstances, the situation which shows that failure to protect the common good could lead to catastrophic consequences. The system of environmental protection, which enables sustainable development, is based on the primacy of the precautionary principle which deals with prevention and reduction of probability of harm, as well as on the no fault liability of the polluter for the environmental harm even in the absence of the claim for damages. The efficacy of the environmental protection could be improved by raising the awareness of the preservation of environment. The understanding that the protection of environment amounts to a survival of a mankind could lead to creating rights for the environment as such.

National environmental protection in the Internal Market

International Nuclear Information System (INIS)

Middeke, A.

1994-01-01

In consideration of the awful ecological situation, the further development of environmental protection is the task of the Community institutions and the individual member states. The environmentalists advance this improvement by increasingly setting further protectionist measures within their power, such as those already existing in other member states or those community established. The legally motivated environment protection measures of individual member states could create a non-tariff trade barrier between member states; business and industry situated there must adapted to the environmental conditions of the particular member state, if they wish to launch their product in that state. These safeguard clauses, concerning environmental law are of different nature, are thoroughly analysed and systematized by the author. The thesis gives priority to Article 100A, paragraph 4 and 5, and to Article 130T or 130R, paragraph 2, subparagraph 2, which has recently been introduced by the Treaty of Maastricht for the European Union. These articles are represented concerning their substantive and adjective requirements and are critically reviewed. Problems that have arisen in the course of the review are dealt with dogmatically and are discussed at length. The problems of national discrimination and the consideration of fundamental rights in the Community law are treated as well as the mixture of competences in the environmental law of the Community or the options on legal protection against national environmental acts, which can be made use of by Community institutions and by member states. (orig./HP) [de

The environmental science and law II. The short development of the environmental science and environmental law

International Nuclear Information System (INIS)

Klinda, J.

1998-01-01

This book contains the basic documents about environmental laws and related documents approved in the world and in the Slovak Republic. The system of the environmental laws and organizations in the world and in the Slovak Republic are reviewed. A review of a selected environmental laws of the Slovak Republic are included. The significant world acts (declarations, charters and other documents) are reviewed

Theses on the systematization of environmental law (relevant to regional planning)

International Nuclear Information System (INIS)

Erbguth, W.

1987-01-01

The 'Central Institute for Regional Planning' (Zentralinstitut fuer Raumplanung) of the University of Muenster carried out an extensive study on the systematization of environmental law. Hence it follows that particularly in the field of atomic law and the law for the protection against nuisance a landwide homogeneous planning level is missing. (WG) [de

Comparative environmental law and orientalism : reading beyond the 'text' of traditional knowledge protection

OpenAIRE

Vermeylen, Saskia Anna Filip

2015-01-01

This article uses traditional knowledge as a case study to address multiple discussions in the field of comparative law. First, it addresses the theoretical challenge of the role of comparative law as a critical research tool in the development of environmental law. Second, within the context of transnational legal processes, it questions the extent to which comparative law as a method can further the relationship between different levels of law making by distinct legal actors. It is timely t...

Environmental law in Denmark

DEFF Research Database (Denmark)

Basse, Ellen Margrethe

Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

Can Environmental Laws Fulfill Their Promise? Stories from Canada

Directory of Open Access Journals (Sweden)

Nigel Bankes

2014-09-01

Full Text Available Canadian environmental law has changed dramatically over the last 50 years, responding to some of the flaws and weaknesses identified by commentators seeking to explain the continuing trend in environmental degradation. The aim of this article is to tell the story of three pieces of Canadian environmental legislation, the Alberta Land Stewardship Act, the federal Species at Risk Act, and Alberta’s Environmental Protection and Enhancement Act, with a view to exploring whether the environmental ambition underlying these pieces of legislation is being realized. Our overall conclusion is that there is a significant gap between the ambition of these three pieces of environmental legislation and their actual implementation but this gap arises from design choices made by the legislature and the executive, rather than something inherent in the law itself.

Analysis of Environmental Law Enforcement Mechanism Based on Economic Principle

Science.gov (United States)

Cao, Hongjun; Shao, Haohao; Cai, Xuesen

2017-11-01

Strengthening and improving the environmental law enforcement mechanism is an important way to protect the ecological environment. This paper is based on economical principles, we did analysis of the marginal management costs by using Pigou means and the marginal transaction costs by using Coase means vary with the quantity growth of pollutant discharge Enterprises. We analyzed all this information, then we got the conclusion as follows. In the process of strengthening the environmental law enforcement mechanism, firstly, we should fully mobilize all aspects of environmental law enforcement, such as legislative bodies and law enforcement agencies, public welfare organizations, television, newspapers, enterprises, people and so on, they need to form a reasonable and organic structure system; then we should use various management means, such as government regulation, legal sanctions, fines, persuasion and denounce, they also need to form an organic structural system.

European emission trading, renewable energy law and the law of governmental environmental allowances; Europaeischer Emissionshandel, Erneuerbare-Energien-Gesetz und das Recht der Umweltbeihilfen. Plaedoyer fuer einen ''more environmental approach'' im EU-Wettbewerbsrecht

Energy Technology Data Exchange (ETDEWEB)

Jacobs, Max

2016-07-01

The book on European emission trading, renewable energy law and the law of governmental environmental allowances covers the following issues: The European emission trading system and the European law on competition, the European emission trading system and competitive concerns; The European renewable energy law and the European law on competition, The European renewable energy law and competitive concerns; environmental protection the European competition policy.

Environmental penal law. Legal foundations, aspects of administrative law, practical applications. Umweltstrafrecht. Gesetzliche Grundlagen, verwaltungsrechtliche Zusammenhaenge und praktische Anwendung

Energy Technology Data Exchange (ETDEWEB)

Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.)); Moehrenschlager, M. (Bundesministerium der Justiz, Bonn (Germany, F.R.)); Link, W. (eds.)

1989-01-01

The book intends to present the complexity of the penal code pertaining to environmental protection including the law on environmental offences in a way which makes the subject understandable for the reader. It is therefore not limited to the criminal law proper but looks at the administrative background and aspect of legal proceedings under these laws. Each area is dealt with by specialists from science and practice. The book is adressed to the experts in judiciary administration, industry, science and the interested layman. (orig.).

THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Valentine Charlotte ENE

2014-06-01

Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

Glacier protection laws: Potential conflicts in managing glacial hazards and adapting to climate change.

Science.gov (United States)

Anacona, Pablo Iribarren; Kinney, Josie; Schaefer, Marius; Harrison, Stephan; Wilson, Ryan; Segovia, Alexis; Mazzorana, Bruno; Guerra, Felipe; Farías, David; Reynolds, John M; Glasser, Neil F

2018-03-13

The environmental, socioeconomic and cultural significance of glaciers has motivated several countries to regulate activities on glaciers and glacierized surroundings. However, laws written to specifically protect mountain glaciers have only recently been considered within national political agendas. Glacier Protection Laws (GPLs) originate in countries where mining has damaged glaciers and have been adopted with the aim of protecting the cryosphere from harmful activities. Here, we analyze GPLs in Argentina (approved) and Chile (under discussion) to identify potential environmental conflicts arising from law restrictions and omissions. We conclude that GPLs overlook the dynamics of glaciers and could prevent or delay actions needed to mitigate glacial hazards (e.g. artificial drainage of glacial lakes) thus placing populations at risk. Furthermore, GPL restrictions could hinder strategies (e.g. use of glacial lakes as reservoirs) to mitigate adverse impacts of climate change. Arguably, more flexible GPLs are needed to protect us from the changing cryosphere.

Philosophy of radiological protection and radiation hazard protection law

International Nuclear Information System (INIS)

Kai, Michiaki; Kawano, Takao

2013-01-01

The radiation protection and the human safety in radiation facilities are strictly controlled by law. There are rules on the radiation measurement, too. In the present review, philosophy of the radiological protection and the radiation hazard protection law is outlined with reference to ICRP recommendations. (J.P.N.)

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

Challenges imposed by International Environmental Law to Classical International Law

Directory of Open Access Journals (Sweden)

Fabian Augusto Cárdenas Castañeda

2010-05-01

Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

Changes in environmental law

International Nuclear Information System (INIS)

Mayer-Tasch, P.C.

1978-01-01

In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics. (orig.) [de

Challenge: Code of environmental law; Herausforderung Umweltgesetzbuch

Energy Technology Data Exchange (ETDEWEB)

NONE

2007-07-15

Within the meeting ''Challenge: Code of environmental law'' at 16th February, 2007, in Berlin (Federal Republic of Germany) and organized by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Berlin, Federal Republic of Germany), the following lectures were held: (a) the new code of environmental law as a contribution to more modernness and efficiency in the environmental politics (Sigmar Gabriel); (b) The code of environmental law from the view of the economy (Martin Wansleben); (c) Significance of the code of environmental law from the view of jurisprudence (Michael Kloepfer); (d) Targets, content and utility of the code of environmental law: Summary of the panel discussion (Tanja Goenner, Klaus Mittelbach, Juergen Resch, Hans-Joachim Koch, Alfred Wirtz, Andreas Troge (moderator)); (e) Considerations to the coding of water law in the code of environmental law (Helge Wendenburg); (f) Considerations to the coding of water law: Summary of te discussion; (g) Considerations to the coding of nature conservation law (Jochen Flasbarth); (h) Considerations to the coding of nature conservation law: Summary of the discussion.

Maritime environmental penal law. International and German legislation; Maritimes Umweltstrafrecht. Voelkerrechtliche Grundlagen und deutsches Recht

Energy Technology Data Exchange (ETDEWEB)

Eller, Jan Frederik

2017-07-01

The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

Radiation protection laws in the Nordic countries

International Nuclear Information System (INIS)

Persson, Lars

1991-01-01

Sweden has since 1988 a totally revised radiation protection law and Finland has recently enacted a new law. The legal situation of the Nordic countries in the radiation protection field is reviewed with the main emphasis on the Swedish law. (author)

Agreements concluded by the Federal Republic of Germany under international law in the field of environmental protection. Annex: Treaties with the GDR. (Source index in the Federal Law Gazette, part II). (As of September 15, 1987)

International Nuclear Information System (INIS)

Lohse, S.

1987-01-01

This compilation contains all agreements under international law in the field of environmental protection, the FRG has joined and that have been published and/or announced in the Federal Law Gazette, part II. The summary is of September 15, 1987. The classification is made according to the subjects: waste management law, pollution abatement law, nuclear law and energy and mining law and within these according to the date of treaty/agreement. For easier access, there are a chronological index, an index of the contracting states and an index of the places of contract. In the annex the relevant treaties with the German Democratic Republic are indicated. (orig./HP) [de

Radiation protection law

International Nuclear Information System (INIS)

Hebert, J.

1981-01-01

This article first reviews the general radiation protection law at international and national level, with particular reference to the recommendations of the International Commission on Radiological Protection (ICRP) which, although not mandatory, are nevertheless taken into consideration by international organisations establishing basic radiation protection standards such as the UN, IAEA, NEA and Euratom, at Community level, and by national legislation. These standards are therefore remarkably harmonized. Radiation protection rule applied in France for the different activities and uses of radioactive substances are then described, and finally, a description is given of the regulations governing artificial radioisotopes and radioactive effluents. (NEA) [fr

Environmental protection - can it be regarded as a basic right

International Nuclear Information System (INIS)

Soell, H.

1986-01-01

The question of the necessity of an 'environmental basic right' is to be seen in connection with the doctrine of the duty of the State to protect the basic rights. Under the present law this obligation of the State applies only to third party intervention, it does not take effect if it is a matter of protecting the environment as such. Therefore the introduction of an 'environmental basic right' is necessary. (WG) [de

Comparative analysis of the EU criminal law for environmental protection and the Albanian one

Directory of Open Access Journals (Sweden)

Iris Petrela

2016-03-01

Full Text Available This paper consists of two main parts where the first one presents the path how the environmental issue was included in the primary legislation of the European Union (EU, starting this theoretical panorama from the first founding treaty – Treaty of Rome, in 1957. It shows that with the passing of years the environmental protection has become one of the most important fields of action of the European Community supported by the primary and secondary legislation of the EU and its several bodies with competencies in this field. The second part of the paper starts with the commitments on the environmental protection that the Albanian state has made upon signature and entrance into force of the Stabilisation and Association Agreement with the EU. In addition, this article presents a summary of the legislative activity in Albania regarding environmental protection in the last two decades with special focus on the time period after the approval of the current Constitution of 1998, which is the basis and origin of every legislative initiative. Furthermore, there are presented the key features of the Albanian environmental legislation, as well as the protection mechanism from the criminal legislation point of view. The presentation of the European and national reality with special focus on environmental protection serves to a comparative purpose between the two models. It also serves to draw conclusions and propose suggestions on how the Albanian legislation should be developed and improved in order to be in line with that of the European Union and effective in practice to serve the ultimate goal of environmental protection and prevention from further environmental degradation.

ENEA's role in environmental protection

International Nuclear Information System (INIS)

1992-05-01

The 1990-1994 Five-Year Plan of ENEA (the Italian Agency for New Technology, Energy and the Environment) stipulates that the Agency must reconcile its objectives related to energy with those related to the environment by aiming at a more efficient and rational exploitation of energy sources. This necessity has been reiterated in Italian Law 282/91 which assigns ENEA the task of providing technical and scientific support to the Ministry of the Environment. The aims, work schedule and financing of this task have been laid down in an environmental protection program whose main goals include: the protection and use rationalization of water supplies; the development of waste processing and disposal systems which incorporate energy and materials recovery systems; and the setting up of environmental monitoring networks. Within the framework of these activities, this paper reports on the management and organization aspects of five integrated projects which involve research efforts on: the reduction of the environmental impact of industrial activities; the characterization, status and dynamics of the environment; the interrelationships between environmental quality and the health of human populations; the effects of agricultural-industrial activities on global climate; the effects of human activities on the environmental quality of the Mediterranean Sea

Family ties : The intersection of data protection and competition law in EU law

NARCIS (Netherlands)

Costa-Cabral, Francisco; Lynskey, Orla

2017-01-01

companies compete to acquire and process this data. This rivalry is subject to the application of competition law. However, personal data also has a dignitary dimension which is protected through data protection law and EU Charter rights to data protection and privacy.This paper maps the

Citizen Participation, Access to Environmental Information and Education in Uruguayan Environmental Law

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Gonzalo Iglesias Rossini

2014-06-01

Full Text Available Our country has followed a clear trend towards the recognition of various mechanisms of citizen participation and access to public information regarding environmental issues A few years ago, if, for instance, a person or group of people, concerned about the potential environmental impact caused by the establishment of a factory in their neighborhood, requested information from the Authorities, such request would have most likely been rejected. At present, there is a clear law-making policy towards acknowledging the possibility for a diversity of social players to be involved at different levels. In a State structured under a social rule of law, both community participation and civil society access to information in possession of the State, regarding issues that may affect the environment, are fundamental rights. Both concepts, information and participation, must go hand in hand, as the first operates as a condition to exercise the second. Civil society involvement in an environmental issue could never occur if, for instance, information held by the Government is not made available. In addition to protecting fundamental human rights, these concepts are enshrined in participatory democracy. They also enable civil society to be involved in environmental pollution issues. This paper is intended to provide a detailed research on the different instruments enshrining citizen participation and access to public information about environmental issues.

Protection of personality rights in civil law

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Simonović Ivana

2014-01-01

Full Text Available Personality rights have long been described as the youngest member of the civil law family of absolute subjective (individual civil rights. By establishing these rights, an individual is guaranteed full and direct legal authority and control over one's personal assets, which include the most important human values such as: life, integrity, dignity and privacy. The ultimate importance of these personal assets is supported by appropriate legal protection of personality rights, which have been guaranteed in numerous provisions of constitutional law, civil law, criminal law and administrative law. The legal protection of personality rights stems from the understanding that a human being cannot be reduced to a biological entity; being part of the community, man is also a social being. Taking into account constant interactions and mutual relations between members of the society, man should be guaranteed certain rights. It primarily implies the guaranteed right to inviolability of one's personality, which is the basis for generating other personality rights. These rights are inherent, inalienable and absolute in terms of their effects; as such, they provide protection from the interference of the state and any third party. Focusing on the rules of civil law, the authors have explored the potentials and the scope of legal protection of personality rights provided by awarding a civil sanction. Although civil sanction is basically monetary sanction, it is deemed to be quite appropriate for the protection of personal (non-patrimonial assets.

Medical aspects of radiation protection law contribution to Austrian radiation protection law

International Nuclear Information System (INIS)

Moser, B.

1977-01-01

Some medical aspects of the radiation protection law, esp. in conjunction with medical surveillance of persons exposed to radiation, are dealt with. The discussion refers to the countries of the European Community and Austria and Switzerland. (VJ) [de

Developments in environmental and engineering law in 1990. Section VI. Atomic energy and radiation protection law

International Nuclear Information System (INIS)

Brandner, T.

1991-01-01

Section VI is devoted to the development of atomic and radiation protection law in the period between 1.1.1990-31.1.1991. Through the debate on the greenhouse effect, nuclear power has recently become more attractive again as an energy carrier. Legislation took place in the EC (import conditions after the Chernobyl accident, maximum radioactivity values in animal feeds) and in Germany (statutory order on the establishment of a Radiation Protection Register, special provisions for the acceded territories of the former GDR). The following individual questions are discussed: Federal supervision - decision of the Federal Constitutional Court of 22.5.1990 on the fast breeder reactor with regard to the right to issue orders; nuclear disposal - decision of the Federal Administrative Court on the Gorleben salt dome with regard to planning procedure. (HSCH) [de

Limits of hazard diversion in environmental law. Pleading, on the basis of experience to date with dioxin-contaminated soils, for a soil protection law oriented to provisory care. Grenzen der Gefahrenabwehr im Umweltrecht. Plaedoyer fuer ein vorsorgebezogenes Bodenschutzgesetz aufgrund der Erfahrungen mit dioxinverunreinigten Boeden

Energy Technology Data Exchange (ETDEWEB)

Rid, U.; Hammann, W.

1990-08-01

The example of dioxin-contaminated soils highlights a typical problem of environmental law. Due to the numerous unresolved questions in the research on deleterious effects, substantiated statements of the probability of the occurrence of damages are almost impossible. In so far as protective laws restrict or prohibit the use of dioxin-contaminated soils in the interest of public welfare, clean-up measures can also be ordered on the basis of the blanket clause of police law for breach of public safety. Only the extension of hazard diversion by provisory care - and not an overstretched concept of hazard - can point a way out of the dilemma of knowledge deficits in the definition of the contamination threshold for a presumable hazard to health. As there is no uniform and clearly delineated concept of provisory care in environmental law, the autonomous content of this concept must be concretized in the specific laws and regulations of environmental law. (orig.).

The precautionary principle in international environmental law and international jurisprudence

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Tubić Bojan

2014-01-01

Full Text Available This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it creates larger responsibility for those who create possible risks, comparing to the previous period. The precautionary principle can be found in numerous international treaties in this field, which regulate it in a very similar manner. There is no consensus in doctrine whether this principle has reached the level of international customary law, because it was interpreted differently and it was not accepted by large number of countries in their national legislations. It represents a developing concept which is consisted of changing positions on adequate roles of science, economy, politics and law in the field of environmental protection. This principle has been discussed in several cases before International Court of Justice and International Tribunal for the Law of the Sea.

Law Reform and Child Protection

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Ronan Cormacain

2014-10-01

Full Text Available In this Editorial Ronan Cormacain (Editor-in-Chief, ISLRev, Institute of Advanced Legal Studies welcomes you to the third issue of the IALS Student Law Review. He explains the background to this special edition focusing on Law Reform and Child Protection and introduces the articles featured in this issue of the journal.

Environmental protection law of the European Community (EU). Source index and content index including the jurisdiction of the European Court of Justice with actual jurisdiction service and special literature according to the individual legal regulations. 34. ed.; Umweltschutzrecht der Europaeischen Union (EU). Fundstellen- und Inhaltsnachweis, einschliesslich der Rechtsprechung des Europaeischen Gerichtshofes - EuGH; mit aktuellem Rechtsprechungsdienst und Spezialliteratur zu den einzelnen Rechtsvorschriften

Energy Technology Data Exchange (ETDEWEB)

Becker, Bernd

2009-07-01

The 34th edition of the source index of the environment law of the European Union contains the documentary evidence of the total jurisdiction of the European Court of Justice (Luxemburg) with respect to the following topics: (a) General infrastructure / integral environment law; (b) Nature protection, landscape protection as well as protection of species; (c) Dangerous materials and preparations; (d) Waste management law; (e) Water legislation; (f) environmental traffic law; (g) law of air pollution control of climate protection; (h) noise control; (i) environmental commercial law; (j) environmental law of energy.

Environmental research and environmental protection

International Nuclear Information System (INIS)

1975-01-01

At the request of the Ministry for Research and Technology, the 'Arbeitsgemeinschaft der Grossforschungseinrichtungen' (AGF) presented in 1972 an information brochure called 'Activities in the field of environmental research and environmental protection', closely associated with the environmental programme of the Federal government (1971). The information brochure reports on those activities of the working group's members which are closely, or less closely, connected with questions concerning environmental research and protection, however, investments for the protection of the individual facilities in internal operation are excluded. The AGF programme 'Environmental research and environmental protection' comprises contributions, brought up to date, of member companies. From the 'AGF programme survey 1974' it contains 'Environmental research' as well as aspects of nuclear development with environmental relevance. Technologies not harmful to the environment developed by the research facilities are only mentioned very briefly. (orig.) [de

Research Handbook on International Environmental Law

NARCIS (Netherlands)

Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

2010-01-01

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992; Neue Literatur zum Umweltrecht. Veroeffentlichungen im Zeitraum vom 1.7.1991 bis zum 30.6.1992

Energy Technology Data Exchange (ETDEWEB)

Lohse, S. [comp.; Doerner, E. [comp.

1992-08-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [Deutsch] Die Bibliographie enthaelt 1685 Literaturzitate zu folgenden Themen: Umweltschutz im allgemeinen; Umweltverfassungsrecht, -verwaltungsrecht, -prozessrecht, -finanzrecht, -strafrecht, -privatrecht, -arbeitsrecht; Recht der raeumlichen Entwicklung; Naturpflegerecht; Gewaesserschutzrecht; Abfallrecht; Immissionsschutzrecht; Atom- und Strahlenschutzrecht; Energie- und Bergrecht, Gefahrstoff- und Umweltgesundheitsrecht. (orig.)

The dispense of legal reserve in the registration of property: decrease of environmental protection?

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Thiago de Miranda Carneiro

2016-12-01

Full Text Available It is intended to analyze the rural environmental registry and exemption from the registration of the legal reserve on the basis of Law 12.651/12. They will be addressed elements of environmental protection and real estate to handle the revocation of registration of the legal reserve in real estate registry and their inclusion in the CAR, as well as property registration paper and registral advertising in order to ascertain the legal traffic safety real estate. We used exploratory method  through literature and document analysis starting at the constitutional and environmental law through the registral law.

Administrative procedure by stages in the field of environmental law

International Nuclear Information System (INIS)

Salis, S.

1991-01-01

Governmental decisions concerning large-size projects with an impact on the environment and regional structure always have to cope with particularly complex conflicts of interest. Such projects therefore are not decided or licensed by one single move or act, but there are administrative procedures by stages provided for by the law. The procedure for licensing by stages creates a number of legal problems, especially concerning legal protection against partial licences, and their legal nature and binding effect. The author develops in this book an interdisciplinary system of rules of law and practice for procedure by stages, and presents a proposal for a more uniform approach and legislation. The book thus is a contribution towards in-system harmonisation of the procedural environmental law. (orig.) [de

Employee perceptions of protected area law enforcement

Science.gov (United States)

Christopher J. Wynveen; Robert D. Bixler; William E. Hammitt

2006-01-01

It is widely accepted that criminal activity negatively impacts visitors? recreation experiences in the nation?s parks and forests (Fletcher 1983). To further understand how law enforcement can effectively manage criminal activity in protected areas, this study was designed to describe law enforcement and non-law enforcement rangers? perceptions of a range of law...

Problems of causality in environmental penal law. The relevance of causality problems on the environmental sector from the view of penal law. Kausalitaetsprobleme im Umweltstrafrecht. Die strafrechtliche Relevanz der Schwierigkeiten naturwissenschaftlicher Kausalfeststellung im Umweltbereich

Energy Technology Data Exchange (ETDEWEB)

Kleine-Cosack, E.

1988-01-01

The 'classic' elements of an offence against human health or property are not applicable in environmental law, owing to problems of causality. The new environmental penal law therefore focuses on the 'capability' of any act to damage human health, animal health, vegetation, water, air, or soil. It remarks doubtful whether this approach is more efficient. Further, there is still the problem of assessing damage. The book discusses causality problems in environmental penal law. Causality in a given case is discussed from the view of general causality laws and problems of proof. Other possible causes of damage must be excluded. The author discusses: Interdependences between scientific and penal causality, the problems of successful and potential offences, the relationship between individual and universal objects of legal protection, and procedural issues (e.g. the binding effect of experts' opinions on a given subject). (orig./HSCH).

Environmental Protection Implementation Plan, November 9, 1991--November 9, 1992

International Nuclear Information System (INIS)

Latham, A.R.; Evans, R.B.

1991-11-01

DOE Order 5400.1, ''General Environmental Protection Program,'' established environmental protection program requirements, authorities, and responsibilities to assure that the Department of Energy (DOE) operations are in compliance with applicable federal, state, and local environmental protection laws and regulations, executive orders, and internal department policies. Chapter 3 of DOE Order 5400.1 required that each field organization prepare a plan for implementing the requirements of this order by no later than November 9, 1989, and update the plan annually. Therefore, the Department of Energy/Field Office, Nevada (DOE/NV) has prepared this second annual update of its Environmental Protection Implementation Plan (EPIP). The Order and corresponding guidances also require estimated budgetary resources necessary for implementation of the Order be identified in the Environmental Protection Implementation Plan. To satisfy this requirement, the estimated costs to effectuate necessary changes in existing programs or processes and to institute new programs or processes for compliance with the Order are provided in the following sections of this plan. The DOE/NV Assistant Manager for Operations (AMO), in consultation with other organizations responsible for line management of plan implementation, is responsible for annual plan revisions. 7 figs

Protecting Privacy and Confidentiality in Environmental Health Research.

Science.gov (United States)

Resnik, David B

2010-01-01

Environmental health researchers often need to make difficult decisions on how to protect privacy and confidentiality when they conduct research in the home or workplace. These dilemmas are different from those normally encountered in clinical research. Although protecting privacy and confidentiality is one of the most important principles of research involving human subjects, it can be overridden to prevent imminent harm to individuals or if required by law. Investigators should carefully consider the facts and circumstances and use good judgment when deciding whether to breach privacy or confidentiality.

Environmental protection economically viable

International Nuclear Information System (INIS)

Dartsch, B.; Hildebrandt, T.

1994-01-01

The Environmental Technology Forum for Industry and Research (Utech) was held for the fifth time this year at the International Congress Centre in Berlin. The main themes of this year's Utech were additive environmental protection, production-integrated environmental protection, management and economic aspects of environmental protection, research and development in environmental protection as well as environmental information legislation. (orig.) [de

CRIMINAL LAW PROTECTION OF DATABASE AT A GLANCE

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LUCIAN T. POENARU

2012-05-01

Full Text Available Database protection is provided in Romania by the general law on copyright no. 8/1996. According to the law, it is considered to be a crime making available to the public, by any means, the special rights attributed to database owners or copies thereof. This paper will focus on, one hand, presenting the way database and database related products can be subject to a copyright general protection and, on the other, revealing the special sui generis right attributed to database owners. In such a context, criminal instruments for protecting such rights seem to be quite annoying for the perpetrator, but less effective when it comes to a proper enforcement by the criminal bodies. This paper will therefore try to compare the way guilty actions of the culprit are effectively sanctioned by the criminal instruments provided by the law.And because the Romanian law on copyright does follow at least the letter of the European Directives on copyright and the protection of database, this paper will also search the spirit of the relevant European case-law and its applicability by the Romanian authorities.

Environmental law. Important laws and ordinances for environmental protection. With the transitional provisions issued in the period leading to the German Unification. Full text edition with detailed index and an introduction by Prof. Dr. Peter-Christoph Storm. As of November 15, 1990. 6. rev. and enlarged ed. Umweltrecht. Wichtige Gesetze und Verordnungen zum Schutz der Umwelt. Mit den Ueberleitungsregelungen aus Anlass der Herstellung der Einheit Deutschlands. Textausgabe mit ausfuehrlichem Sachverzeichnis und einer Einfuehrung von Prof. Dr. Peter-Christoph Storm. Stand: 15. November 1990

Energy Technology Data Exchange (ETDEWEB)

1991-01-01

This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.).

Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

OpenAIRE

Gordeeva, Yelena M.

2016-01-01

An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

Decree-law no 348/89 on protection against ionizing radiation

International Nuclear Information System (INIS)

1989-10-01

This Decree-Law sets up a National Commission for Protection against Radiation (Comissao Nacional de Proteccao contra Radiacoes - CNPCR) within the General Directorate for Health in the Health Ministry. The Commission has advisory functions covering protection against ionizing radiation resulting from all nuclear activities. It will make recommendations on harmonizing national radiation protection regulations with those of other European Community Member States and in accordance with Community Directives in this field. The Decree-Law repeals Decree-Law No 44 060 of 25 November 1961 and Decree-Law No 45 132 of 13 June 1963 on radiation protection [fr

Nuclear energy and radiation protection law: no. 14 1987

International Nuclear Information System (INIS)

1987-01-01

The full text of Jordan's Nuclear Energy and Radiation Protection Law, no. 14 1987. The law's 39 articles govern all aspects organizing the utilization of nuclear energy and radiation protection activities in the country; including terms and conditions for licensing activities and personnel, and the import, export, and disposal of radioactive sources. The law establishes for the purpose of implementing its regulations, a consultative technical committee and a radiation protection board, both in the Ministry of Energy and Mineral Resources

The law applicable to environmental damage in European private international law

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Đundić Petar

2013-01-01

Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.

The protection of the accused in international criminal law according to the Human Rights Law Standard

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Karolina Kremens

2011-12-01

Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

Are changes to be recommended in environmental penal law, in particular in connection with administrative law. Empfehlen sich Aenderungen im strafrechtlichen Umweltschutz, insbesondere in Verbindung mit dem Verwaltungsrecht

Energy Technology Data Exchange (ETDEWEB)

Heine, G.; Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.))

1988-01-01

The expert opinion tries to point out basic problems and to make suggestions. It neither deals with every single issue of environmental penal law, nor does it offer an overall 'solution'. The authors have limited themselves to analyzing focal points, to summarizing the present state of discussions, and to adding new aspects, particularly with regard to criminological and comparative law. This results in concentrating on the 28th Section of StGB and its central protective functions; other (possible) regulation areas of substantive law are only considered in those cases where, in the latter context, the lack of them proves to be system-adverse and deficitary. Also, the formulated reform proposal only concerns this central area of environmental penal law. In the interest of what is possible, it centers on the conceptional facts of valid law. After an introduction, part 1 deals with: Stocktaking - basic principles and inadequacies of valid environmental penal law; part 2 with: Necessity and limits of reform. (orig.).

Protection provided by criminal law against hazards of nuclear energy and the harmful effects of ionizing radiation

International Nuclear Information System (INIS)

Reinhardt, M.

1989-01-01

The subjects, principles and purpose of the atomic energy law and the radiation protection law are set out, and criminal offences under atomic energy law are outlined explaining the legal terminology applied. The peaceful uses of nuclear energy and radioactive materials are briefly discussed, primarily looking at the hazards involved and the protective role of criminal law principles that have been developed in connection with the atomic energy law and its application in practice. The draft version of the 16th criminal law amendment act - Act to combat environmental delinquency - is discussed, which aims at adoption of all criminal offences under atomic energy law by the Criminal Code. The book furthermore presents considerations about basic features of delinquency under atomic energy and radiation protection law, revealing elements and facts of offences defined, and particular problems resulting thereof. The question arises, e.g., whether an incorporation of the provisions into the Special Annex to the Criminal Code, in sections 27 and 28, is a wise and suitable decision. The book finally discusses the development of definition of criminal offences by a de lege feranda approach, referring to (1) the Chernobyl reactor accident, (2) the Nuclear Safeguards agreements, and (3) the definition of maximum permissible radiation dose. (HP) [de

The future of environmental protection: A U.S. regulator's perspective

International Nuclear Information System (INIS)

Dicus, G.J.

2002-01-01

The U.S. has the largest number of nuclear installations of any country in the world. This puts us at an extreme end of the spectrum. As a result, I have touched on many issues relative to environmental protection. Therefore in summary, let me list these issues: Before moving ahead, look at what has been done thus far. Executive policy and a national regulatory infrastructure. - Environmental Impact Statements. - Environmental Justice. Standards determined by law or courts. Consultation with other national agencies and countries. Improving the timetable for issuing regulations and supporting guidance. Improved communications and training of staff. Transparency and flexibility throughout the regulatory process. Differences in regulatory approaches are OK, as long as the end result is to achieve sound national environmental and public health and safety policy. I believe that this series of conferences represents an excellent opportunity to come to resolution about the future of environmental regulations and policies. Having this information will assist us in harmonizing any proposed recommendation(s) for radiological protection of the environment involving commodities containing radioactive materials or unrestricted release of slightly radioactive materials by using the existing environmental radiation protection framework as a starting point. Doing so in an open, encompassing manner will, in my opinion, go a long way towards resolving some of the current controversies about radiation protection standards in the U.S., as well as around the world, with the desirable end result of increasing public confidence in our environmental radiation protection programs. (author)

Development directions of the global climate protection law

International Nuclear Information System (INIS)

Richter, Katharina

2014-01-01

The contribution on development directions of the global climate protection law covers the origination process of the Kyoto protocol, the precise form of the Kyoto protocol, the climate protection regime afterwards: Montreal 2005 - implementation-improvement-innovation, Nairobi 2006 - climatic change very close, Bali 2007 - roadmap, Posen 2008 - intermediate step, Copenhagen 2009 - stagnancy, Cancun 2010 - comeback, Durban 2011 - gleam of hope, Doha 2012 - minimum compromise, Warsaw 2013 - hope. The last chapter discusses the fundamental problems and perspectives of the climate protection laws.

Radiation protection in the field of environmental protection

International Nuclear Information System (INIS)

Zhao Yamin

2003-01-01

The relationship of radiation protection with environmental protection, the sources that may give rise to the environmental radiation contamination, and the system of radiation protection and the fundamental principles and requirements for radiation environmental management are introduced. Some special radiation protection problems faced with in the radiation environmental management are discussed. (author)

DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN / INTERNATIONAL TRADE LAW AND ENVIRONMENTAL LAW SINERGY

Directory of Open Access Journals (Sweden)

Endra Wijaya

2017-11-01

Full Text Available Dalam aktivitas perdagangan internasional, kehadiran hukum menjadi suatu hal yang penting untuk mengatur dan membuat berjalannya unsur-unsur dalam perdagangan internasional menjadi efektif, efisien, dan berkeadilan. Secara perlahan-lahan, sistem perdagangan internasional mulai memasukkan isu hukum lingkungan hidup. Masuknya isu hukum lingkungan ke dalam sistem perdagangan internasional sudah dimulai sejak adanya kesadaran perlunya lingkungan hidup dijaga kelestariannya agar dapat menunjang pembangunan secara keseluruhan. Saat ini, isu hukum lingkungan tersebut memang sudah menjadi syarat penting bagi setiap hubungan perdagangan yang akan atau sedang dilakukan oleh para subjek hukum dalam perdagangan internasional. Fokus pembahasan makalah ini tertuju kepada persoalan bagaimana masuknya dan bersinerginya isu hukum lingkungan ke dalam sistem perdagangan internasional. Metode penelitian yang digunakan dalam melakukan pembahasan ialah metode kajian normatif, dengan menggunakan data sekunder yang diperoleh melalui penelusuran kepustakaan. In international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.

Criminal law repercussions on the Civil Protection System

Science.gov (United States)

Altamura, M.; Musso, L.

2009-09-01

The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

A Comparison of Child Protection Law Between Indonesia and Malaysia

OpenAIRE

Jauhari, Iman

2014-01-01

This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between childprotection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents...

Environmental protection

International Nuclear Information System (INIS)

Martinez, A.S.

1987-01-01

The question of environment protection related to the use of nuclear energy aiming to power generation, based on the harmonic concept of economic and industrial development, preserving the environment, is discussed. A brief study of environmental impacts for some energy sources, including nuclear energy, to present the systems of a nuclear power plant which aim at environmental protection, is done. (M.C.K.) [pt

Decree Law No. 38/90 of 8 November 1990 providing for environmental impact assessments

International Nuclear Information System (INIS)

1990-01-01

This Decree, made in implementation of Decree-Law No. 186/90 on environmental protection, provides that prior to any licence being granted to any project, including nuclear installations, the licensing authority must be provided with an environmental impact study of the planned installation. This study must include a description of the project, its site, its operational characteristics, physical, geological, hydrological, ecological, demographic data, as well as information on the quality of the environment [fr

HOTEL GUEST’S PRIVACY PROTECTION IN TOURISM BUSINESS LAW

OpenAIRE

Oliver Radolovic

2010-01-01

In the tourism business law, especially in the hotel-keeper’s contract (direct, agency, allotment), the hotel-keeper assumes certain obligations to the guests, among which, in the last twenty years, the protection of the guest’s privacy is particularly emphasized. The subject of the paper is hotel guest’s privacy protection in the Croatian and comparative tourism business law. The paper is structured in a way that it analyzes, through the laws of Croatia, France, Italy, Germany, UK and USA, t...

Causes analysis on the serious defect of enterprise environmental responsibility—Based on the perspective of law and economics

Science.gov (United States)

Fa, L. N.

2017-11-01

As the important Environmental Interests of Subjects, enterprises behoove to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as the serious lack of enterprise environmental responsibility. Based on the analysis of law and economics, this article reaches the conclusion through game analysis and cost-benefit analysis that the prisoners dilemma of environmental interest game between enterprises is the inherent causes for the serious defect of enterprise environmental responsibility. Meanwhile, at the point of cost-benefit, the externality of environment illegal act results in the imbalanced cost-benefit, lacking of the motivation to control pollution and protect environment in an active way.

Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

Energy Technology Data Exchange (ETDEWEB)

Schwarze, J

1986-01-01

The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

The development of the international and national radiation protection law

International Nuclear Information System (INIS)

Bischof, W.

1978-01-01

The author reports in detail about the development of the international radiation protection law, gives a general survey of domestic legislation in the FRG and abroad and presents the individual problems of the radiation protection laws in a comparative way, such as radiation protection principles/dose limit values, licensing and monitoring regulations disposal of radioactive wastes, application of ionising rays and radioactive substances to men as well as protection from non-ionising radiation. (UN) [de

Development in the Slovakia. General environmental science

International Nuclear Information System (INIS)

1998-01-01

In this chapter the basic of the environmental science and preservation of the natural memories; The protection of the nature and landscape; The protection of the forest; The protection of the trees growing outside of the forests, parks and gardens; The protection of free growing of species of plants; The protection of free living species of animals; The protection of animals and game law; The protection of fishes and fishery; The water protection, their balance and water farm; The health protection of the man (Radiation protection and nuclear safety is included); The veterinary ministration and protection of animals; The air protection and protection of the ozone layer; Wastes and waste management; The protection and agricultural use of soil; The protection and use of minerals; The protection of cultural heritage in the landscape; The territorial planning, building order and environmental rationalizing; The assessment of influences on the environment; The state fund of the environment; The state administration for the environment; The access to environmental information; The law about the environment and basic meanings of the environmentalism; The environmental terminology in the environmental law; The environmental terminology in the development and documents of environmental law are reviewed

International legal protection of environment in the system of fundamental generally recognized principles of international law

International Nuclear Information System (INIS)

Meherremov, A.A.

2007-01-01

The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

Environmental protection Implementation Plan

International Nuclear Information System (INIS)

Holland, R. C.

1999-01-01

This ''Environmental Protection Implementation Plan'' is intended to ensure that the environmental program objectives of Department of Energy Order 5400.1 are achieved at SNL/California. This document states SNL/California's commitment to conduct its operations in an environmentally safe and responsible manner. The ''Environmental Protection Implementation Plan'' helps management and staff comply with applicable environmental responsibilities

Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

International Nuclear Information System (INIS)

Schwarze, J.

1986-01-01

The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

United States Department of Energy Richland Field Office Environmental Protection Implementation Plan, November 9, 1991--November 9, 1992

International Nuclear Information System (INIS)

1992-02-01

The US Department of Energy (DOE) Order 5400.1 (DOE 1988a), General Environmental Protection Program, establishes environmental protection program requirements, authorities, and responsibilities to ensure that DOE operations are in compliance with applicable Federal, State and local environmental protection laws and regulations, executive orders, and internal department policies. Chapter 3 of DOE Order 5400.1 requires that each DOE Field Office prepare a plan for implementing the requirements of this order and update the plan annually. Therefore, this update to the US Department of Energy -- Richland Operations Office Environmental Protection Implementation Plan (DOE-RL 1989a), initially prepared November 9, 1989, is being issued

United States Department of Energy Richland Field Office Environmental Protection Implementation Plan, November 9, 1992--November 9, 1993

International Nuclear Information System (INIS)

1992-11-01

The US Department of Energy (DOE) Order 5400.1 (DOE 1988a), General Environmental Protection Program, establishes environmental protection program requirements, authorities, and responsibilities to ensure that DOE operations are in compliance with applicable Federal, State and local environmental protection laws and regulations, executive orders, and internal department policies. Chapter 3 of DOE Order 5400.1 requires that each DOE Field Office prepare a plan for implementing the requirements of this order and update the plan annually. This update to the US Department of Energy-Richland Operations Office Environmental Protection Implementation Plan (DOE-RL 1989a), initially prepared November 9, 1989, is being issued to comply with the order

THE ROLE OF NON-GOVERNMENTAL ORGANISATIONS IN CREATING STANDARDS IN INTERNATIONAL ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Oana Maria HANCIU

2015-07-01

Full Text Available The participation and influence of non-governmental actors in areas of international environmental governance has increased tremendously over the last decades. Some of these non-governmental organization (NGOs, like International Union for Conservation of Nature, World Wide Fund for Nature or Greenpeace, have a global character and an intense activity in promoting environmental protection. Of great importance is the fact that some NGOs have gained a consultative status in international and regional organizations influencing the process of drafting and adopting norms of international environmental law. The study analyses the contribution of NGOs in international environmental field and their essential role as ,,guardians of the environment” in promoting and respecting the provisions of international environmental agreements, in particular of Aarhus Convention.

Applicable international environmental impact assessment laws for ...

African Journals Online (AJOL)

Lawrence Hart

1971-05-28

May 28, 1971 ... appraise selected International Environmental laws and the Nigerian Environmental Impact Assessment methodology ... maze of pipelines, delivery lines, flow lines, canals and .... Toxic Materials and international waterways.

Classified installations. Two centuries of legislation and nomenclature. Tome 1 - The foundational decree of October 15, 1810 and the law of December 19, 1917: the progressive protection of third parties rights. Tome 2 - The law of July 19, 1976: the accelerated regression of the environmental law

International Nuclear Information System (INIS)

Ullmann, Gabriel

2016-01-01

The imperial decree of October 15, 1810 established the first national regulation on classified facilities. It laid the ground for French law on the industrial environment by creating the first nomenclature. An analysis of over 140 nomenclature texts published since then has provided insight into a certain number of societal developments. Indeed, the nomenclature System has been a powerful social marker for more than two centuries. Furthermore, the effectiveness of the law has depended greatly on the nomenclature System. While its original objective was to foster freedom of enterprise, it gradually evolved towards a law protecting third parties, in particular regarding property rights. The Act of December 19, 1917 on classified facilities further strengthened this purpose, generally placing the focus first on third parties and then on the environment. The act also favored workers' health and safety, which had been ignored until then. On the other hand, the act abolished the principle of preliminary authorization by introducing a declaration scheme for the benefit of operators (Volume 1). The Act of July 19, 1976 on classified facilities for environmental protection took over and modernized all of these provisions but without really introducing any innovation. The nomenclature System rapidly underwent a series of transformations that generally resulted in the decommissioning of numerous facilities. The declaration scheme continued to expand. However, the creation of the registration scheme in 2009, which is somewhere between the declaration and authorization schemes, has led to a dramatic reduction in the reach of the latter. The transposition of recent European directives has spurred this process by introducing a new nomenclature. Never before has such a regression on environmental law been reached, especially since it is combined with a marked separation between classified facilities and the receiving environment (Volume 2). (author)

Environmental assessment in The Netherlands: Effectively governing environmental protection? A discourse analysis

Energy Technology Data Exchange (ETDEWEB)

Runhaar, Hens, E-mail: h.a.c.runhaar@uu.nl [Utrecht University, Copernicus Institute of Sustainable Development, P.O. Box 80,115, 3508 TC Utrecht (Netherlands); Laerhoven, Frank van, E-mail: vanLaerhoven@uu.nl [Utrecht University, Copernicus Institute of Sustainable Development, P.O. Box 80,115, 3508 TC Utrecht (Netherlands); Driessen, Peter, E-mail: p.driessen@uu.nl [Utrecht University, Copernicus Institute of Sustainable Development, P.O. Box 80,115, 3508 TC Utrecht (Netherlands); Arts, Jos, E-mail: e.j.m.m.arts@rug.nl [University of Groningen, Faculty of Planning, P.O. Box 800, 9700 AV Groningen (Netherlands)

2013-02-15

Environmental assessment (EA) aims to enhance environmental awareness and to ensure that environmental values are fully considered in decision-making. In the EA arena, different discourses exist on what EA should aim for and how it functions. We hypothesise that these discourses influence its application in practice as well as its effectiveness in terms of achieving the above goals. For instance, actors who consider EA as a hindrance to fast implementation of their projects will probably apply it as a mandatory checklist, whereas actors who believe that EA can help to develop more environmentally sound decisions will use EIA as a tool to design their initiatives. In this paper we explore discourses on EA in The Netherlands and elaborate on their implications for EA effectiveness. Based on an innovative research design comprising an online survey with 443 respondents and 20 supplementary semi-structured interviews we conclude that the dominant discourse is that EA is mainly a legal requirement; EAs are conducted because they have to be conducted, not because actors choose to do so. EA effectiveness however seems reasonably high, as a majority of respondents perceive that it enhances environmental awareness and contributes to environmental protection. However, the 'legal requirement' discourse also results in decision-makers seldom going beyond what is prescribed by EA and environmental law. Despite its mandatory character, the predominant attitude towards EA is quite positive. For most respondents, EA is instrumental in providing transparency of decision-making and in minimising the legal risks of not complying with environmental laws. Differences in discourses seldom reflect extreme opposites. The 'common ground' regarding EA provides a good basis for working with EA in terms of meeting legal requirements but at the same time does not stimulate creativity in decision-making or optimisation of environmental values. In countries characterised by

Environmental assessment in The Netherlands: Effectively governing environmental protection? A discourse analysis

International Nuclear Information System (INIS)

Runhaar, Hens; Laerhoven, Frank van; Driessen, Peter; Arts, Jos

2013-01-01

Environmental assessment (EA) aims to enhance environmental awareness and to ensure that environmental values are fully considered in decision-making. In the EA arena, different discourses exist on what EA should aim for and how it functions. We hypothesise that these discourses influence its application in practice as well as its effectiveness in terms of achieving the above goals. For instance, actors who consider EA as a hindrance to fast implementation of their projects will probably apply it as a mandatory checklist, whereas actors who believe that EA can help to develop more environmentally sound decisions will use EIA as a tool to design their initiatives. In this paper we explore discourses on EA in The Netherlands and elaborate on their implications for EA effectiveness. Based on an innovative research design comprising an online survey with 443 respondents and 20 supplementary semi-structured interviews we conclude that the dominant discourse is that EA is mainly a legal requirement; EAs are conducted because they have to be conducted, not because actors choose to do so. EA effectiveness however seems reasonably high, as a majority of respondents perceive that it enhances environmental awareness and contributes to environmental protection. However, the ‘legal requirement’ discourse also results in decision-makers seldom going beyond what is prescribed by EA and environmental law. Despite its mandatory character, the predominant attitude towards EA is quite positive. For most respondents, EA is instrumental in providing transparency of decision-making and in minimising the legal risks of not complying with environmental laws. Differences in discourses seldom reflect extreme opposites. The ‘common ground’ regarding EA provides a good basis for working with EA in terms of meeting legal requirements but at the same time does not stimulate creativity in decision-making or optimisation of environmental values. In countries characterised by less

Radiation protection and the laws and regulations

International Nuclear Information System (INIS)

Takada, Takuo

1980-01-01

In hospitals and clinics, when cobalt remote irradiation apparatuses, betatrons and linear accelerators are installed, the provisions of medical and radiation injury prevention laws and other related laws and regulations must be observed. The following matters are described: the laws and regulations concerning the prevention of radiation injuries, the definitions of the therapeutical equipments, the radiation protection standards for such facilities, radiation exposure dose and permissible dose, the procedures concerning the application before usage, the responsibilities of hospitals and clinics for radiation measurement and management, and shielding and shield calculations. (J.P.N.)

[UV Protection Law. Enhancing the protection of minors against health risks from solaria].

Science.gov (United States)

Riemer, M

2006-12-01

The article reports on a petition to the German Bundestag in the field of UV protection for persons under the age of 18 against the dangers of artificial sunbed tanning for cosmetic purposes. On 16 March 2006 the Parliament agreed to adopt the proposal of the author, after the Ministry of Environment announced it is working on a UV Protection Law for Germany. Furthermore the committee recommended the petition to the government and the parliamentary parties. The UV Protection Law is still in progress, and no draft has yet been published. Therefore, the author explains the difficulties in creating such law from a legal and a public health perspective, pointing out that the split of competence between the federation and the states poses difficulties. He concludes that the German Constitution would allow a sunbed prohibition for minors in public studios and explains why a complete prohibition for the adult population would be disproportionate and unconstitutional.

Environmental protection and petroleum business

Energy Technology Data Exchange (ETDEWEB)

1986-03-01

This report is a summary of panel discussion concerning environmental protection and petroleum business. Summarized here are country presentations from Iraq, Malaysia, Saudi Arabia, and Venezuela, comments by two Japanese panelists from petroleum companies, questions, answers, and discussions, and summary by the session moderator. The country presentation centered on pollution problems and environmental protection policies in each country, national policy regarding environmental problems, and comprehensive planning for environmental protection in specific industrial areas. The panelists' reports mainly concerned the legal framework for environmental protection in Japan and the importance of investment for environmental protection. Questions and answers clarified the problems. The moderator, when summarizing the panel discussion, stressed that environmental problems should be addressed on a global level and that early preventive measures should be taken, and also emphasized the polluter pays principle.

On the concept and legal nature of sustainable development: Does 'environmental law' exist?

Directory of Open Access Journals (Sweden)

Prica Miloš

2014-01-01

Full Text Available The idea of sustainable development has developed within the triangular framework of economic, social and environmental policy. It has been the result of man's endeavor in the course of development of mankind to harmonize the relations between economy and ecology for the purpose of satisfying the present needs but without endangering the prospects of future generations to satisfy their own needs. The principle of sustainable development has been present in the international legislation for the past 40 years. The antagonism between economy and ecology has never ceased. Quite the reverse, at the beginning of the 21st century, mankind has encountered the dramatic effects of the rampant global politics and the unpromising prospects of man's subsistence and development. The reason is certainly to be found in the fact that the environment protection policy does not have an adequate legal framework, which is not a matter of legal technique but a matter of substance in global politics. Consequently, this discussion on the legal nature of sustainable development takes us from technique to substance. First, the author analyzes the international legislation and judicature on the issues of sustainable development; thereupon, the author concludes that the principle of sustainable development has not obtained the rank and the outreach of a legal principle (source of law in the international law, which ultimately makes the very existence of environmental law highly disputable. If sustainable development as a fundamental principle (supra-principle does not have the power of a binding principle, the existing international legal sources concerning certain aspects of the living environment are nothing but arable land covered by sand. Actually, the significant feature of the existing international sources on sustainable development is 'the legal ideology' which, being an instrument of environmental policy rather than an instrument of environmental law, actually

Documentation of the 40th scientific symposium of the Society for Environmental Law e.V., Leipzig 2016

International Nuclear Information System (INIS)

2017-01-01

The documentation for the 40th scientific symposium of the Society for Environmental Law (GfU) in November 2016 in Leipzig offers illuminating insights into the state of discussions among German environmental law experts. TThe following focal points were at the centre of the jurisprudence debate: Four decades of immission control law (Prof. Dr. Alexander Schink, Bonn) - Legal problems of change approval (Prof. Dr. Olaf Reidt, Berlin) - Species protection law in the project approval (Judge at the BVerwG Dr. Dr. Ulrike Bick, Leipzig, Dr. Katrin Wulfert, Bochum) - Over-planning of infrastructure on the example of energy route planning (Dr. Tom Pleiner, Berlin) - The Nagoya Protocol and its implementation in the EU and Germany - Background and possible consequences for legal practice (Thomas Ebben, LL.M., Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, Bonn). The conference proceedings contain these articles of the symposium, the summary of the subsequent discussions as well as the contributions of the GfU-Forum, which is aimed especially at young environmental lawyers. [de

The Prevention and Protection of the Environment: The Environmental Responsibility Law (26/2007); La Prevencion y Proteccion del Medio Ambiente: La Ley 26/2007 de Responsabilidad Medioambiental

Energy Technology Data Exchange (ETDEWEB)

Cornejo Canamares, M

2009-05-21

The 25th of October of 2007 took effect law 26/2007 of Environmental liability. Through this law it is implemented the Directive 2004/35/CE of the European Parliament and the Council on environmental liability with regard to the prevention and remedying of environmental damage. The objective of this law is to regulate the liability of the operators to prevent, to avoid and to repair the environmental damages. The environmental liability that raises this law is administrative, limitless and objective in certain activities (whenever the operator is at fault or negligent). This law shall apply to environmental damage and also to imminent threat of such damage. This situation forces to take the necessary preventive, remedial and recover measures regulated by the law, according to the principle polluter-pays. This law applies to damages or threat of damages that take place in certain natural resources: water, land, shore, species and habitats. One of the most excellent new features is the requirement to contract a compulsory financial guarantee by operators who carry out professional activities listed in annex III of the law, in order to provide effective cover for financial obligations under the law. At this moment an application regulation is coming up to complete this framework for the prevention and remedying of environmental damage that was established by the law 26/2007. (Author) 27 refs.

40 CFR 1508.15 - Jurisdiction by law.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Jurisdiction by law. 1508.15 Section 1508.15 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY TERMINOLOGY AND INDEX § 1508.15 Jurisdiction by law. Jurisdiction by law means agency authority to approve, veto, or finance all or part of the...

The realistic dilemma of environmental interest subject of legal responsibility—Based on the perspective of law and economics

Science.gov (United States)

Fa, L. N.

2017-11-01

As the important environmental interests subject, enterprises, public and government should assume the corresponding responsibility of pollution control and environmental protection. However, in the aspect of environment, there are failure existing in performing government responsibility, the financial expense and investment our government has participated in the aspects of pollution control and environmental protection are serious insufficient. In the meantime, in spite of the clear definition of the range and principles of enterprises’ environmental responsibility according to some corresponding law documents, in view of our country’s condition, enterprises always fail to assume their own environmental responsibility, and there are cases existing in pollution control and environmental protection that the investment is insufficient and the treatment effect is not obvious. In addition, it is especially outstanding in our country that the awareness of public environmental rights is pretty weak. The issues of ecological damage and environmental pollution get worse and worse and the total environmental interests get injured seriously because of the failure and vacancy of environmental responsibility of different subjects of right.

Pollution from offshore installations: a case-study of marine pollution in the context of general environmental law

International Nuclear Information System (INIS)

Gavouneli, Maria.

1994-01-01

The purpose of this thesis is to examine the present state of affairs regarding the legal rules for the control of pollution caused by activities related to offshore installations. But, since pollution from offshore installations is but a form of marine pollution, such an examination can only take place within the wider framework of general environmental law. The true impact of even the more precise rules on offshore installations cannot be fully appreciated unless we have a comprehensive understanding of how the whole system of environmental protection works. I will endeavour to incorporate such considerations in the discussion of offshore problems, as I consider the latter an application of wider principles operating even beyond the field of environmental law. (UK)

40 CFR 146.2 - Law authorizing these regulations.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 22 2010-07-01 2010-07-01 false Law authorizing these regulations. 146.2 Section 146.2 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS (CONTINUED) UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS General Provisions § 146.2 Law...

Book Review: Marine Protected Areas in International Law: an Arctic Perspective

Directory of Open Access Journals (Sweden)

Davina Oktivana

2017-10-01

Full Text Available Marine biodiversity has always become an interesting topic in the development of the law of the sea subject. Despite of human dependence on marine resources, human intervention has been proven as the major threats to the sustainability of marine biodiversity and marine environment protection. Human activities, such an over-exploitation, shipping pollution, the use endangered fishing tools and above all, climate change, have changes the ecosystems extensively. One of the significant measures to prevent broaden the catastrophe is the establishment of Marine Protected Areas (MPAs, which has been accepted as a tool for protection and conservation of marine biodiversity. The book provides a comprehensive observation and analysis of the MPAs' concept and its implementation, specifically in the Arctic. This book is based on Ingvild Ulrikke Jakobsen's PhD thesis at the University of Tromsø, Norwegia. Her concerned particularly based on the development of human activities in the Arctic, that will definitely affect the fragile marine environment and there is an increasing need to ensure environmental protection and conservation of marine biodiversity and ecosystems in Arctic.

Children’s Protection in the Issue of Hadhanah Based on Islamic Family Law and The Law of Thailand

Directory of Open Access Journals (Sweden)

Rohanee Machae

2016-12-01

Full Text Available This paper analyses Children Protection in the Islamic Family Law of Southern Thailand and the Civil Law of Thailand. The common issue faced by the Court or the District Islamic Department is the rising number of hadhanah claim cases. This research is meant to investigate the rights of children regarding hadhanah based on the Islamic Family Law of Southern Thailand and to what extent the laws follow the principles of Islamic law. This research utilized few approaches which are the content, deductive, inductive, and comparative analysis. Basically, the findings suggest that the differences between the two laws can be accepted as both laws originated from distinguished backgrounds. Therefore, both laws play crucial roles in completely protecting the children in hadhanah cases, as well as promising safety and peaceful life for the children even though their parents’ relationship is in crisis.

Environmental Protection Agency, Protecting Children's Environmental Health

Science.gov (United States)

... and Research Centers Contact Us Share Protecting Children's Environmental Health Children are often more vulnerable to pollutants ... during development. Learn more about children's health, the environment, and what you can do. Basic Information Children ...

Constitutionalization of environmental law

Directory of Open Access Journals (Sweden)

Luis Huerta Guerrero

2013-12-01

Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

United States Department of Energy Field Office, Richland, Environmental Protection Implementation Plan, November 9, 1990--November 9, 1991

International Nuclear Information System (INIS)

Paasch, R.A.

1991-09-01

The US Department of Energy (DOE) Order 5400.1 (DOE 1988a), General Environmental Protection Program, establishes environmental protection program requirements, authorities, and responsibilities to ensure that DOE operations are in compliance with applicable federal, state and local environmental protection laws and regulations, executive orders, and internal department policies. Chapter 3 of DOE Order 5400.1 requires that each field organization prepare a plan for implementing the requirements of this order and update this plan annually. Therefore, this update to the US Department of Energy -- Richland Operations Office Environmental Protection Implementation Plan for the Hanford Site, Richland, Washington, initially prepared November 9, 1989, is being issued. Responsibility for coordinating preparation of the annual update of this plan is assigned to the US Department of Energy Field Office, Richland, Safety and Environment Division's Environmental Oversight Branch

Environmental policy challenge crime in Republic Serbia and its impact on environmental safety

Directory of Open Access Journals (Sweden)

Jović Vojislav

2014-01-01

Full Text Available Environmental law and ecological security representing nearly two related fields that have a scientific discipline in our legal security framework introduced in the first decade of this century. Despite this fact, the legal norms that regulate the protection and safety of the environment have been studied in the framework of other disciplines, and their etymology suggests that environmental regulations have existed in the ninth century, first as a prohibitive provision 'is prohibited'. It is known that environmental law to a certain extent based on criminal law norms and the norms of a protective object with the environment - Ekos. The fact of regulation of a large number of offenses in this field indicates the significance of the criminal policy which is in the field of environmental law and environmental security provides criminal protection. In this paper, in addition to general introductory remarks on environmental law, environmental safety and environmental tort, consider the area of combating environmental crime, the share of primary and secondary subjects of criminal procedural and international cooperation, particularly in combating transnational environmental crime. In the end, considering the environmental impact of crime on ecological security, clarifying the possible forms of threats and extent of the reaction.

Fulfillment of the brazilian environmental law by hotel organizations.

Directory of Open Access Journals (Sweden)

Fernando Amorim da Silva

2009-05-01

Full Text Available Tourism has been indicated as alternative of economic growth without environmental degradation. However, there are evidences that tourism - considered a “clean” alternative of economic growth - can cause pollution. In this context, this article had the objective to analyze actions to fulfill environmental law in four hotel organizations. Methodology came from a multiple case study, carried through in four hotel organizations located in the Brazilian state of Santa Catarina. Data had been collected by non-participant observation, and by structuralized interview. The results indicated that those organizations fulfilled the law disposals applicable to them. It is concluded that the adequacy to the environmental law must be kept, to prevent the imposition of legal sanctions.

Political problems in the system of radiation protection laws of Japan

International Nuclear Information System (INIS)

Nakagawa, Haruo

2008-01-01

The lack of hierarchy and multiple restrictions by the radiation protection laws in Japan, causes multiple dose records of individual and scattering dose records. To solve the problem, the National Radiation Dose Registration Systems was proposed already by Atomic Energy Commission about 40 years ago. But only one radiation dose registration system is partly effective, which was applied for workers in nuclear plants. This paper reports political problems in the system of radiation protection laws of Japan, and proposes the new national radiation dose registration systems which will be able to have a function of supplementation of quality assurance of radiation protection laws. (author)

Environmental impact assessment of projects in the People's Republic of China: new law, old problems

International Nuclear Information System (INIS)

Wang Yan; Morgan, Richard K.; Cashmore, Mat

2003-01-01

After more than 20 years of experience with environmental impact assessment (EIA), the government of the People's Republic of China is set to introduce a new EIA Law, in September 2003, in which strategic environmental assessment (SEA) complements the current project-oriented EIA process. In general, the new law does not attempt to modify the existing EIA system in any radical ways, suggesting that the government consider current practices satisfactory. In order to assess the likely prospects of the new EIA Law for project-level EIA, this paper presents an evaluation of the current EIA process in China, first, establishing the historical context of the current process and, second, considering the main issues and concerns relating to the institutional and procedural arrangements, and practical implementation of the process. The main problems highlighted are as follows: the narrow historic focus on pollution of air, water and soil, at the expense of the consideration of wider environmental, social and health impacts; environmental protection agencies being funded by development-oriented local government administrations; the lack of consideration of alternatives in EIA processes; and the lack of effective public participation. More specific procedural issues are also discussed. On the basis of this analysis, we make recommendations for improving the effectiveness of EIA at the project level. The introduction of SEA in the new law marks a real step forward for EIA in China, although it appears to exclude central government policies, and there are improved provisions for public participation. However, the prospects for EIA in China will remain mixed as long as the new law leaves project-level EIA largely unchanged

Obeying Environmental Laws

Science.gov (United States)

Facilities Science Pillars Research Library Science Briefs Science News Science Highlights Lab Organizations regulations and policies to protect human health and the environment. June 27, 2012 Pyramid showing compliance at the base, and sustainability at the top Compliance with environmental regulations and policies is

The law as an instrument of technology control and as a basis for technological development

International Nuclear Information System (INIS)

Kloepfer, M.

1998-01-01

In public debates about German industry's global competitiveness it becomes evident that environmental law and the technology-related law are almost exclusively perceived as systems of law which - for reasons of environmental protection and protection of public health - are setting restraints to technological development. This is a narrow perspective neglecting the functions of the law as an instrument providing legal security and a reliable framework for developments. In a democratic, constitutional state, the environmental law and the technology-related law are instruments providing for protection of the basic, general rights and requirements of technology, and contribute to ensuring general acceptance of technologic development. (orig./CB) [de

40 CFR 164.40 - Qualifications and duties of Administrative Law Judge.

Science.gov (United States)

2010-07-01

... Administrative Law Judge. 164.40 Section 164.40 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... Judicial Ethics of the American Bar Association. (d) Power. Subject to review, as provided elsewhere in... Law Judge, the Administrator or the Environmental Appeals Board. [38 FR 19371, July 20, 1973, as...

CEBAF - environmental protection program plan

International Nuclear Information System (INIS)

1995-01-01

An important objective in the successful operation of the Continuous Electron Beam Accelerator Facility (CEBAF) is to ensure protection of the public and the environment. To meet this objective, the Southeastern Universities Research Association, Inc., (SURA) is committed to working with the US Department of Energy (DOE) to develop, implement, and manage a sound and workable environmental protection program at CEBAF. This environmental protection plan includes information on environmental monitoring, long-range monitoring, groundwater protection, waste minimization, and pollution prevention awareness program plan

Innovative Research on Teaching Model of Environmental Law Courses in China

OpenAIRE

Yuling Li

2013-01-01

At present, the teaching model of environmental law courses in China is mainly lecture-based learning (LBL) teaching model whose disadvantages are closeness, unidirection and weak teaching practice. This model does not fit in with the characteristics of environmental law courses and the objective changes of ecological civilized society for the demand of talents of environmental law. Therefore, we should actively reform the current single teaching model, learn from foreign advanced teaching co...

Radiation protection laws, competences and organizational structures in the Federal Republic of Germany

International Nuclear Information System (INIS)

Peinsipp, N.

1990-01-01

This paper points out the priorities and peculiarities of German radiation protection laws. With the coming into force of the unification agreement, the Atomic Energy Act, the Radiation Protection Ordinance, and the X-Ray Ordinance became valid in the five new Federal States and Berlin, with slight deviations and amendments. Radiation protection law is Federal law adapted to EC law, with several variations, such as the minimization rule in section 28, para 1, Radiation Protection Ordinance, compared to the ALARA principle, or lower partial body dose limits. The paper discusses licensing and protective regulations; the terms' officer responsible for radiation protection' and 'officer in charge of radiation protection'; radiation pass; physical radiation monitoring, and medical follow-up checks as well as governmental control functions and competences; executive functions of the Federal Government; import and export; Bundesamt fuer Strahlenschutz; transportation of radioactive materials; radioactive waste management. The annex comprises several tables to illustrate the aforesaid. (HSCH) [de

Problems and perspectives in energy law and environmental law. Documentation; Probleme und Perspektiven im Energieumweltrecht. Dokumentation

Energy Technology Data Exchange (ETDEWEB)

Cremer, Wolfram; Pielow, Johann-Christian (eds.)

2009-07-01

This book contains the contributions and discussion of the 13th annual meeting of the Institute of Mining Law and Energy Law of the Ruhr University Bochum. The meeting washed on 6 March 2009 under the title ''Problems and Perspectives in Energy Law and Environmental Law''. (orig.)

The role of international organizations with regard to environmental protection - the situation in Europe

International Nuclear Information System (INIS)

Oppermann, T.

1986-01-01

The international organisations more readily than most of the states accepted the idea that environmental protection cannot be achieved by compensation for damage or remedial actions in case of emergencies. They soon fostered an environmental policy intended to prevent pollution by creating a suitable, internationally accepted concept of requirements and procedures. Their activities in the last two decades largely contributed to an eventual reappraisal of approach by the states, which lead from a rather incoherent series of regional or national activities to an international, much more coherent concept of environmental policy. The international organisations also realised that efficient enforcement of pollution control measures will be guaranteed only by an adequate system of international laws, which still is to be agreed upon by the states. There still is a considerable lack of certainty of the law, with environmental problems increasingly pressing for a solution. (orig./HSCH) [de

Face and Emotion Recognition on Commercial Property under EU Data Protection Law

DEFF Research Database (Denmark)

Lewinski, Peter; Trzaskowski, Jan; Luzak, Joasia

2016-01-01

This paper integrates and cuts through domains of privacy law and biometrics. Specifically, this paper presents a legal analysis on the use of Automated Facial Recognition Systems (the AFRS) in commercial (retail store) settings within the European Union data protection framework. The AFRS...... to the technology's potential of becoming a substantial privacy issue. First, this paper introduces the AFRS and EU data protection law. This is followed by an analysis of European Data protection law and its application in relation to the use of the AFRS, including requirements concerning data quality...

LAW DEMOCRACY & DEVELOPMENT

African Journals Online (AJOL)

HP27975994114

disruptive responses to the social and environmental .... Aboriginal peoples, environmental impact assessments (EIAs) and impact benefit agreements ... as a model for local law “becomes an abuse only if it is informed by a legalistic spirit .... health and safety, the protection of property, business activities within the territory,.

Actual legal questions and problems of the free access to information, especially in the environmental protection; Aktuelle Rechtsfragen und Probleme des freien Informationszugangs, insbesondere im Umweltschutz

Energy Technology Data Exchange (ETDEWEB)

Schroeder, Meinhard (ed.)

2010-07-01

Within the 26th Trier colloquium on the law governing environmental protection and technology at 5th to 7th September, 2010 in Trier (Federal Republic of Germany), the following lectures were held: (1) The environmental law in the light of federalism and Europeanization (Hans-Juergen Papier); (2) Information rights in the EU (Astrid Epiney); (3) Environmental policy by freedom of information (Friedrich Schoch); (4) The legal framework for the opening of the access to information as well as the appearance of accessible information under special consideration of the environmental information Directive 2003/4/EG and its implementation in the German Law (Joern Axel Kaemmerer); (5) The utilization of electronic media: REACh data bases, publication of authorizing procedures in the Internet and geo data mediation such as google maps (Indra Spiecker); (6) Protection position of companies in the right of access to information. The protection of business secrets and commercial confidentialities as well as application dossiers in the European and German law (Matthias Rossi); (7) Limited protection of business secrets and commercial confidentialities as a part of genetic engineering legal approval procedures (Hartwig Stiebler); (8) The NRW pipeline cadastre (Alexander Schink); (9) Legal protection by European and national courts under consideration of the European Ombudsman in his function in securing the access of information (Sabine Schlacke).

Capacity and principles of participation of the provincial fund of environmental protection and water management in Cracow in Cracow program of elimination of low emission sources

Energy Technology Data Exchange (ETDEWEB)

Bolek, K.; Sarzynski, H. [Provincial Fund of Environmental Protection and Water Management in Cracow (Poland)

1995-12-31

In general, the principles of environmental protection was determined by Law issued January 31, 1980. Certain detailed solutions have been included in several amendments in subsequent years and the uniformed text of the Law on Environmental Protection and Creation was published in 1994. The Provincial Fund of Environmental Protection and Water Management was established in 1989 but until 1993 the Fund has no legal status. The main purpose of the creation of such fund was to assign certain financial means to the defined tasks related to environmental protection. This way the fund accumulates financial means from the fees paid for the usage of the natural environmental for business purposes and from penalties becoming due in the case of non-observance of the environmental protection standards. On the other hand, the Fund spends money for tasks in the field of environmental protection requiring urgent implementation. It should be added that - after few amendments brought into force - the Provincial Funds are able to assign a greater amount of money to the implementation of these tasks. The basic purposes of Provincial Fund activity, defined by Law, determine the policy and criteria of the selection of undertaking. This is also a base for making programs of activity and for creation of the list of priorities. The environmental protection problems in the individual provinces are different. Therefore, the scope of works partly financed by the Fund is very differentiated both in essence and in the method of financing. The former system of subsidies is now being replaced with a wide range of partial financing of undertakings in the field of environmental protection. The system of selection of these undertakings has been changed essentially. The selection of tasks and methods of their financing is based on economic criteria.

Legal instruments for groundwater protection. A systematic analysis of EU law and German federal law and state law; Rechtliche Instrumente des Grundwasserschutzes. Eine systematische Analyse des EG-, Bundes- und Landesrechts

Energy Technology Data Exchange (ETDEWEB)

Kotulla, M.

1999-07-01

In Germany, the groundwater quality is endangered by a great variety of anthropogenic activities. Although it is widely accepted that the situation calls for quick action and implementation of legal provisions for efficient, nationwide protection of this essential natural resource, the legislature so far remained disappointingly inactive. This is why the author of the study presented in this book examines existing German federal and state law as well as EU law in order to reveal the possibilities offered by those bodies of law. The author analyses the many, splintered legal provisions under public law that are applicable today in Germany in absence of a proper code of environmental law, for their capability of being applied for protection of the groundwater. The legal instruments are identified and evaluated for the given purpose, and approaches for harmonisation or maybe optimisation are elaborated. (orig./CB) [German] Das Grundwasser in der Bundesrepublik Deutschland ist von einer Vielzahl zivilisatorischer Aktivitaeten bedroht. Strategien fuer einen prinzipiell flaechendeckend wirksamen Schutz dieser Naturressource werden zwar mittlerweile allenthalben gefordert, zeigen bislang aber nicht die erhoffte Wirkung. Vor diesem Hintergrund untersucht der Autor in dieser Studie die rechtlichen Moeglichkeiten, welche die bundesdeutsche Rechtsordnung unter Einbeziehung des einschlaegigen EG-Rechts zum Schutz des Grundwassers bereithaelt. Er analysiert primaer das in den letzten dreieinhalb Jahrzehnten zu einem unueberschaubaren Konglomerat angewachsene oeffentlich-rechtliche Umweltschutzregelwerk auf seine grundwasserschuetzende Eignung. Es gilt insbesondere, die diffus und querschnittartig ueber die verschiedensten Rechtsbereiche vertreuten Instrumentarien zu ermitteln und zu bewerten sowie - wo erforderlich - zu harmonisieren oder gar zu optimieren. (orig.)

Foreign Nationals and Data Protection Law: A Transatlantic Analysis

DEFF Research Database (Denmark)

Kuner, Christopher Barth

2014-01-01

The application of data protection and privacy law based on nationality is currently a matter of great controversy. This contribution examines the topic in a comparative sense based on the law of the EU and the US. It finds a number of difference, but also similarities, between the approaches used...

Integration of Environmental Education and Environmental Law Enforcement for Police Officers

Science.gov (United States)

Bovornkijprasert, Sravoot; Rawang, Wee

2016-01-01

The purpose of this research was to establish an integrated model of environmental education (EE) and environmental law enforcement (ELE) to improve the efficiency of functional competency for police officers in Bangkok Metropolitan Police Division 9 (MBP Div. 9). The research design was mixed methods of quantitative and qualitative approaches…

Causes analysis on the failure of government environmental responsibility—Based on the perspective of law and economics

Science.gov (United States)

Fa, L. N.

2017-11-01

As the important Environmental Interests of Subjects, government behooves to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as government environmental responsibility failure. Based on the analysis of law and economics, this article reaches the conclusion through game analysis, principle-agency relationship and utility theory that the prisoners dilemma of environmental interest game between government and enterprise, and the inherent defect of the principal-agency relationship between central government and local government are the inherent causes of government environmental responsibility failure. Many officials tends to graft and corrupt to maximum their own benefit, thus leading to the government failure among environmental pollution treatment and the environmental responsibility to undertake.

Changes in environmental law. [German Federal Republic]. Umweltrecht im Wandel

Energy Technology Data Exchange (ETDEWEB)

Mayer-Tasch, P C

1978-01-01

In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics.

Classified facilities for environmental protection

International Nuclear Information System (INIS)

Anon.

1993-02-01

The legislation of the classified facilities governs most of the dangerous or polluting industries or fixed activities. It rests on the law of 9 July 1976 concerning facilities classified for environmental protection and its application decree of 21 September 1977. This legislation, the general texts of which appear in this volume 1, aims to prevent all the risks and the harmful effects coming from an installation (air, water or soil pollutions, wastes, even aesthetic breaches). The polluting or dangerous activities are defined in a list called nomenclature which subjects the facilities to a declaration or an authorization procedure. The authorization is delivered by the prefect at the end of an open and contradictory procedure after a public survey. In addition, the facilities can be subjected to technical regulations fixed by the Environment Minister (volume 2) or by the prefect for facilities subjected to declaration (volume 3). (A.B.)

Data protection laws and privacy on Facebook

Directory of Open Access Journals (Sweden)

Phillip Nyoni

2015-07-01

Full Text Available Background: Social networks have changed the way people communicate. Business processes and social interactions revolve more in the cyber space. However, as these cyber technologies advance, users become more exposed to privacy threats. Regulatory frameworks and legal instruments currently lacking a strong cyber presence are required, for the protection of users. Objectives: There is need to explore and evaluate the extent to which users are exposed to vulnerabilities and threats in the context of the existing protection laws and policies. Furthermore, to investigate how the existing legal instruments can be enhanced to better protect users. Method: This article evaluates and analyses these privacy challenges from a legalistic point of view. The study is focused on the South African Facebook users. Poll information gathered from the profile pages of users at North-West University was analysed. A short survey was also conducted to validate the poll results. Descriptive statistics, including measures of central tendency and measures of spread, have been used to present the data. In addition, a combination of tabulated and graphical description data was also summarised in a meaningful way. Results: The results clearly show that the legal frameworks and laws are still evolving and that they are not adequately drafted to deal with specific cyber violation of privacy. Conclusion: This highlights the need to review legal instruments on a regular basis with wider consultation with users in an endeavour to develop a robust and an enforceable legal framework. A proactive legal framework would be the ideal approach unfortunately; law is reactive to cyber-crimes.

Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista

Directory of Open Access Journals (Sweden)

A du Plessis

2006-05-01

Full Text Available Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especially where land that vests in private owners is claimed back because of its status as ancestral land. Land reform may strongly impact on the environment and sustainable development as protected in section 24 of the Constitution since it involves vast hectares of land, other environmental media and people. Restitution of land processes in terms of section 25(7, as one of the components of land reform, often does not take key provisions contained in environmental and planning law into account. In many instances, for example, government’s restitution projects do not make sufficient provision for harmonisation with environmental principles contained in environmental law and no or limited systems exist whereby to inform and assist land restitution beneficiaries on compliance with environmental and planning law obligations in post settlement development endeavours. These limitations could, inter alia, be linked with the fragmentation of the environmental governance regime and a lack of role clarification. It may furthermore result in significant conflict between sections 24 and 25(7 of the Constitution as overarching framework legislation, and between developmental objectives contained in sectoral-specific subordinate legislation. The restitution of land is, amongst other policies, regulated by section 25(7 of the Constitution and the Restitution of Land Rights

Principles of environmental legislation in UN, EU and Republic of Serbia

Directory of Open Access Journals (Sweden)

Popov Danica

2013-01-01

Full Text Available A key turning point regarding to environmental protection was the United Nations Conference on the Human environment held in Stockholm, in1972. On the Conference was adopted the UN Declaration on the Human environment. On that occasion established fundamental principles of environmental protection. At the Conference, UNEP, held in Rio de Janeiro in 1992. has adopted the UN Declaration on the Environmental protection and sustainable development.. The Council of Europe has adopted a number of documents in which the central part is the protection of the environment. The Council of Europe adopted the following conventions: Convention on the Conservation of European Wildlife and Natural habitats in 1979; Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment in 1993; Convention on the protection of Environment trough Criminal Law, in 1998; and European Landscape Convention in 2000. The Constitution of Republic of Serbia proclaims the right to a healthy environment, but also establishes the obligation of all, to conserve and improve it. The fundamental principles of environmental protection system in our county are regulated by the following. The Law on Environmental Protection, The Law on Environment Impact, The Law on Environment Strategic Impact and The Law on Integrated Pollution Prevention and Control. These Laws are aimed towards establishing an environmental management system and providing protection from natural balance degradation. With a great number of Laws in particular sectors of environmental protection, Republic of Serbia received modern legislation, which formed, a good basis for economic and social activities involved in environmental protection.

Environmental protection

International Nuclear Information System (INIS)

Hull, A.P.

1979-01-01

Environmental Studies and Internal Dosimetry projects include: Environmental Protection; 1977 Environmental Monitoring Report; Sewage Sludge Disposal on the Sanitary Landfill; Radiological Analyses of Marshall Islands Environmental Samples, 1974 to 1976; External Radiation Survey and Dose Predictions for Rongelap, Utirik, Rongerik, Ailuk, and Wotje Atolls; Marshall Islands - Diet and Life Style Study; Dose Reassessment for Populations on Rongelap and Utirik Following Exposure to Fallout from BRAVO Incident (March 1, 1954); Whole Body Counting Results from 1974 to 1979 for Bikini Island Residents; Dietary Radioactivity Intake from Bioassay Data, a Model Applied to 137 Cs Intake by Bikini Island Residents; and External Exposure Measurements at Bikini Atoll

Energy law '90

International Nuclear Information System (INIS)

1990-01-01

The International Bar Association's Section on Energy and Natural Resources Law selected eight key topics for discussion at their ninth seminar in the Netherlands in 1990. Only two papers specifically related to nuclear power and these were within the topic of environmental issues facing the energy industries. Both papers dealt with the legal aspects of nuclear plants sited near national borders and covered international law and the need for standardized regulations and agreements on issues such as environmental impacts, safety, radiological protection, public information and emergency plans in case of accidents. (UK)

Russian Environmental Law - an Overview For Business.

OpenAIRE

Ratsiborinskaya, Daria

2010-01-01

markdownabstractRussia has carried out major environmental policy reforms during its transition period since the early 1990s, including with respect to global issues such as climate change, loss of biodiversity and ozone layer depletion. In view of these changes, this chapter provides a brief overview of current (and forthcoming) Russian environmental law as applicable to businesses operating in Russia. By touching upon the main difficulties that investors may face, e.g., environmental charge...

Consumer protection in energy law

International Nuclear Information System (INIS)

De Krom, H.; Van Leeuwen, E.T.W.M.; Schaap, A.R.

2009-01-01

This article provides an overview of the protection that energy consumers are entitled to in the framework of the energy law. First we provide an overview of the parties operating in the energy market that consumers deal with directly or indirectly. Next the supply permit is addressed, which provides an important safeguard for consumers against unreliable suppliers. In part 4 we address the protection of the consumer prior to and while closing an agreement. Part 5 addresses the supplier's obligations. Part 6 discusses the judicial processes that are available to the consumer in case of (partial) non-observance of the agreement. We also pay attention to the compensation schemes and emergency supply in case a supplier is permanently unable to fulfill his obligations. Finally, we address the termination of the agreement. [nl

Ethical Dilemmas in Protecting Susceptible Subpopulations From Environmental Health Risks: Liberty, Utility, Fairness, and Accountability for Reasonableness

Science.gov (United States)

Resnik, David B.; MacDougall, D. Robert; Smith, Elise M.

2018-01-01

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations. PMID:29466133

International environmental law and world order

International Nuclear Information System (INIS)

Guruswamy, L.D.; Palmer, G.W.R. Sir; Weston, B.H.

1995-01-01

A litany of dismal happenings - global warming, ozone layer depletion, desertification, destruction of biodiversity, acid rain, and nuclear and water accidents - are but some of the subjects covered by this book, a problem-solving casebook authored by three educators. This new book makes the obvious but important point, that environmental issues are not limited by national boundaries. The book is divided into three parts. The first three chapters of part I discuss the basic principals of traditional international law without any reference to environmental issues. Part II, comprised of seven chapters, deals with hypothetical problems that affect various aspects of the environment vis-a-vis the norms, institutions, and procedures through which the international legal system operates. The book concludes with two chapters dealing with future environmental concerns. The book focuses on issue-spotting, problem-solving, and synthesis over the assimilation and comprehension of raw, disembodied knowledge. The book helps to manage our common future on this planet, for which we will need a new global regime based essentially on the extension into international life of the rule of law, together with reliable mechanisms for accountability and enforcement that provide the basis for the effective functioning of national societies

Prevention Obligations in International Environmental Law

NARCIS (Netherlands)

Plakokefalos, I.

2013-01-01

The paper seeks to examine the content and nature of prevention obligations in international environmental law. Despite their frequent reference to these obligations in practice and in the literature their exact content remains ill-defined. Similarly, the exact nature of these obligations has not

THE IMPLEMENTATION OF LILIFUK CUSTOMARY LAW TOWARDS COASTAL ENVIRONMENTAL DEGRADATION OF KUPANG BAY

Directory of Open Access Journals (Sweden)

Ranny Christine Unbanunaek

2017-02-01

Full Text Available The kuanheun coastal communities have a customary law that help maintain coastal environmental sustainability resourceS called as lilifuk customary law(lilifuk atolan instrument. This research applied empirical method by formulating three problems: what are the values embedded in lilifuk customary law; how is the of lilifuk customary law contribution to prevent coastal environmental degradation; and how is the correlation between lilifuk customary law values and the law provision on coastal areas and small islands management. The result of the research identified the following; the first, Lilifuk customary law contains religious value, ecological value, communal value, social relations value, solidarity and responsibility value, social leadership value, and educational value. Second, the settlement of law violation by lilifuk customary law is conduted by the following steps: reporting; discussion; verdict; and  execution. Third, there is a correlation between the lilifuk customary lilifuk values and  WP3K Law values. Keywords: lilifuk customary law, environmental degradation, kupang bay

Sandia National Laboratories, Livermore Environmental Protection Implementation Plan for the period November 9, 1991--November 9, 1992

International Nuclear Information System (INIS)

1991-10-01

Sandia National Laboratories, as part of the DOE complex, is committed to full compliance with all applicable environmental laws and regulations. This Environmental Protection Implementation Plan (EPIP) is intended to ensure that the environmental program objectives of DOE Order 5400.1 are achieved at SNL, Livermore. The EPIP will serve as an aid to management and staff to implement these new programs in a timely manner. 23 refs., 4 figs., 1 tab

Index: Mizan Law Review (Vol. 1 to 10)

African Journals Online (AJOL)

eliasn

Environmental Law. Evidence .... Protection of the Environment and the. International ..... Counter-intervention, Invitation, Both or. Neither: An ... Prioritizing Water Use Rights in Ethiopia: ... Notes on Jurisprudence: Natural Law (169-. 178).

GEOGRAPHY AND ENVIRONMENTAL PROTECTION AGENCY

Science.gov (United States)

The US Environmental Protection Agency helps state and local governments protect the environment by encouraging good environmental management and by regulating human activities to ensure clean air and water. At the Corvallis research laboratory for the EPA, we improve the ways t...

Nevada Nuclear Waste Storage Investigations: A review of requirements for biological information in federal, state, and local environmental laws and regulations

International Nuclear Information System (INIS)

Collins, E.; O'Farrell, T.P.

1987-01-01

Biological information concerning Yucca Mountain collected since 1980 is evaluated to determine if it is sufficient to satisfy the requirements of the various federal, state, and local laws and regulations that pertain to environmental protection or to development of waste repositories. The pertinent requirements of each law are summarized, missing information is identified, and recommendations are made for studies to fill these gaps. 11 refs., 2 figs., 1 tab

Protection provided by criminal law against hazards of nuclear energy and the harmful effects of ionizing radiation. Also a survey of the history of definition of offences against the atomic energy law and radiation protection law in the Federal Republic of Germany. Der strafrechtliche Schutz vor den Gefahren der Kernenergie und den schaedlichen Wirkungen ionisierender Strahlen. Zugleich eine Darstellung der historischen Entwicklung der Kernenergie- und Strahlendelikte in der Bundesrepublik Deutschland

Energy Technology Data Exchange (ETDEWEB)

Reinhardt, M

1989-01-01

The subjects, principles and purpose of the atomic energy law and the radiation protection law are set out, and criminal offences under atomic energy law are outlined explaining the legal terminology applied. The peaceful uses of nuclear energy and radioactive materials are briefly discussed, primarily looking at the hazards involved and the protective role of criminal law principles that have been developed in connection with the atomic energy law and its application in practice. The draft version of the 16th criminal law amendment act - Act to combat environmental delinquency - is discussed, which aims at adoption of all criminal offences under atomic energy law by the Criminal Code. The book furthermore presents considerations about basic features of delinquency under atomic energy and radiation protection law, revealing elements and facts of offences defined, and particular problems resulting thereof. The question arises, e.g., whether an incorporation of the provisions into the Special Annex to the Criminal Code, in sections 27 and 28, is a wise and suitable decision. The book finally discusses the development of definition of criminal offences by a de lege feranda approach, referring to (1) the Chernobyl reactor accident, (2) the Nuclear Safeguards agreements, and (3) the definition of maximum permissible radiation dose. (HP).

The nuclear industry contribution to the international norm elaboration. Phenomenon approach in radiation protection law

International Nuclear Information System (INIS)

Lajoinie, O.

2002-01-01

The object of this study,strictly speaking, will exceed the radiation protection law. The radiation protection law has been defined as the whole of legal standards aiming the workers and public protection (so natural environment of the public) against ionizing radiations. The look on standards will be broadened to specific standards out of these ones included in law. (N.C.)

Environmental protection in Schleswig-Holstein

International Nuclear Information System (INIS)

Knauer, N.

1977-01-01

With the contributions by Norbert Knauer, the Akademie Sankelmark presents one of the results of its activities. Prof. Knauer is head of the department of grassland management, cropping and landscape ecology at Kiel University. He is a member of the Experts Commission for Problems of Environmental Protection of the Schleswig-Holstein Government, of the Schleswig-Holstein Curatory for Environmental Protection as well as of the regional planning council. He is also regional supervisor for nature and landscape conservation of the state of Schleswig-Holstein. All these functions have made him an expert in the field of landscape conservation and environmental protection. (orig.) [de

Nuclear Energy Law and Arbo Law/Safety Law

International Nuclear Information System (INIS)

Eijnde, J.G. van den

1986-01-01

The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

187 DISPLACEMENT AND ENVIRONMENTAL PROTECTION

African Journals Online (AJOL)

Fr. Ikenga

The national and international communities are confronted with the monumental task of ... displacement and environmental protection present a vicious cycle which today has ... Thus, issues of environmental protection viz-a-viz investment and .... out the conditions for product or process standards, the use of best available ...

Environmental protection in thermal power plants

International Nuclear Information System (INIS)

1987-01-01

This workbook is a compilation of the most important facts and data that are relevant today for environmental protection in thermal power plants. Unlike the other issues the text is not in the form of a random collection of data but in the form of a complete presentation. Possible elaboration projects for pupils can be easily derived from the individual sections. These deal with: the discussion about environmental protection; forest decline; sources of emission; nuisances in the Federal Republic of Germany; environmental protection in fossil-fuel power plants - clean air - cooling water utilization and water protection - noise; environmental protection in nuclear power plants - radioactive material produced in nuclear reactors and the retention of such materials - radioactive waste materials - monitoring of radioactive emissions; accessory materials and hints. (orig./HSCH) [de

The French electricity policy facing European integration and environmental law

International Nuclear Information System (INIS)

Begue, M.C.

2004-02-01

The french electricity policy is traditionally defined by public authorities. The preference for nuclear power implies great risk and severe damage to the environment. These features of french electricity policy are however questioned by the increasing influence of european law and the (relatively) recent recognition of the environmental issues of such policy. This thesis intends to study the consequences of two 'new' tendencies that seem to be inevitable in the field of electricity policy: the decreasing role of national public authorities and the diffusion of the concept of sustainable development. The theoretical model which underlies the organization of commercial exchanges is replacing the traditional intervention of the State. regarding of this basic good. The adoption of legal rules to organize the electricity market has involved the development of many economic instruments. Those instruments aim at modifying the electricity policy in accordance with the principle of integration of environmental dimension in sectoral policies. The main object of our work is to analyse the consequences of these changes in the concept of public utility as well as in the importance given to environmental protection in the new forms of electricity policies. (author)

A proposed approach to environmental protection

International Nuclear Information System (INIS)

Maloney, R.J.

1997-01-01

The objective of my presentation today is to present our thinking to date on the subject of environmental protection at nuclear facilities. What I intend to present is not a finished product, but the first steps in establishing a new and systematic approach to environmental protection. An important factor that will affect the progress of this process is the current assessment of radionuclides (released from nuclear facilities) under the aegis of the Canadian Environmental Protection Act (CEPA). It is expected that the CEPA assessment will take in the order of two years to complete. In keeping with this schedule, we expect the overall process of establishing a new and systematic approach to environmental protection to be a long-term project taking up to five years to complete. It will start with the establishment of an AECB policy regarding environmental protection and continue with the development of programs, procedures, guides, standards and criteria to implement the policy. (author)

The new radiation protection law. What does it mean for radiography? From the view of a Federal state authority; Das neue Strahlenschutzgesetz. Was bedeutet dies fuer die Radiographie? Aus dem Blick einer Landesbehoerde

Energy Technology Data Exchange (ETDEWEB)

Lorenz, Joachim [Saechsisches Staatsministerium fuer Umwelt und Landwirtschaft, Dresden (Germany)

2017-08-01

As a consequence of the implementation of the guideline 2013/59/EURATOM the German environmental ministry BMUB has revised the radiation protection law. The contribution discusses the impact of the revised law on the radiation protection authority in Saxonia. The new requirements concerning the application of radioactive materials for radiographic testing are summarized.

Annual meeting on nuclear technology '88. Technical session on focal points of the atomic energy law and the radiation protection law in 1988

International Nuclear Information System (INIS)

1988-06-01

This issue of Annual Meeting on Nuclear Technology reports presents the papers of the technical session on 'Focal points of the atomic energy law and the radiation protection law in 1988'. The titles are: Is there a binding link between decisions of the atomic energy authority and criminal law? Conclusions to be drawn from the Alkem case court decision. - Recent developments in atomic energy law. - Current radiation protection law. - Codetermination at plant level in a nuclear installation. - The legal position of foreigners from neigbour countries in the field of atomic energy law. The licensing of nuclear installations near the border. (RST) [de

Spatiality of environmental law

DEFF Research Database (Denmark)

Baaner, Lasse; Hvingel, Line

2015-01-01

, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from...... maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data....

The Protection of Legitimate Expectations in Administrative Law: A Horizontal Perspective

Directory of Open Access Journals (Sweden)

Parchomiuk Jerzy

2017-12-01

Full Text Available The term “protection of legitimate expectations” in administrative law traditionally draws our attention to vertical relationships between the State and an individual. In my text I propose a non-traditional approach to the issue of protection of legitimate expectations in administrative law. Instead of analysing the problem from the perspective of the relationship between the administrative body and the individual, I have attempted to tackle the problem from the perspective of entities involved in peer relationships.

Rethinking Environmental Protection: Meeting the Challenges ...

Science.gov (United States)

Background: The U.S. Environmental Protection Agency (EPA) has made great progress in addressing some major environmental problems. These successes were framed within EPA’s statutory mandates which are largely media-specific and receptor-focused and follow a segmented risk-based construct. Today’s environmental problems are increasingly complex, and new approaches are needed to achieve sustainable solutions that protect the environment and public health. Objectives: We provide an overview of environmental protection at EPA and highlight today’s environmental challenges. We provide case examples of systems approaches that consider the links between environment and human health. We offer a strategic framework for tackling challenges so EPA can continue to protect the environment and public health.Discussion: Expanded approaches will be transdisciplinary, informed by vast new sources of data, and build upon new stakeholder partnerships. A systems approach to environmental protection looks at problems holistically, includes the drivers and stressors that impact the issue and the dimensions that frame it, and integrates various types of data from health, ecological, and social sciences, with the goal of formulating sustainable solutions to environmental issues. Conclusions: The natural environment and human health are inextricably linked, and human health, well-being, and economic prosperity depend on healthy ecosystems. EPA research is leading an evolution in

The Goettingen nuclear law catalogue 1976. Pt. B: bibliography - sources

International Nuclear Information System (INIS)

Zieger, G.; Bauer, G.; Bischof, W.; Pelzer, N.

1976-01-01

In volume 26, the bibliography covering domestic and foreign publications on atomic energy law is continued. 2,930 publications are cited on: bibliographies, collections of texts, treatises, handbooks, commentaries, reference, books and dictionaries, concept of atomic energy law, organization, radiation protection and reactor safety, liability and insurance, licence and control, nuclear fuels, other radioactive substances and wastes, nuclear installations, nuclear ships, transport, investions and information, economic law, criminal law, mining law, research, training, documentation, environmental protection, and other special subjects. (orig./LN) [de

The reprocessing plant as a problem of international law

International Nuclear Information System (INIS)

Guendling, L.

1987-01-01

The planned construction of the reprocessing plant creates problems with regard to transfrontier environmental protection, due to the potential hazards involved, and these problems institute obligations of the Federal Republic of Germany under contractual law and under customary international law. Particularly under customary international neighbour law the F.R.G. is obliged to prevent and abstain from transfrontier activities entailing environmental effects with considerable damaging potential in the neighbouring states, which also includes the duty of providing for protection against accidents. It is, however, a clear fact that the states decided the peaceful uses of atomic energy to be admissible, and accept the risk of possible catastrophic damage. The interpretation of existing international laws has to take this fact into account. (orig./HSCH) [de

Warranties of Albanian criminal law for children protection from “pornography”

Directory of Open Access Journals (Sweden)

Marilda Menkshi

2016-11-01

Full Text Available This paper will focus on the Analysis of current Albanian Criminal Law regarding criminal acts of pornography. This paper will analyze Albanian Criminal Law, under the perspective of the Convention on the Rights of the Child, to reflect the alignment of criminal law with Convention, as a minimum guarantee to be provided by the States. Another element of this paper is the approach of criminal law in the context of the defence of children from pornography with judicial practice. In this way the effectiveness of Criminal Law, on prevention and protection of society, family and especially children, from pornography will be identified. This paper considers the judicial practice in other European countries, but also from the United States and other countries on other continents, as a source of the definition of pornography and its application. This analysis is conducted through the prism of Criminological and criminal policy, to identify the current state of the Albanian legislation to protect minors from pornography, challenges and its prospects, both in legislative and practical terms.

Licences issued under environmental law in international private and procedural law

International Nuclear Information System (INIS)

Kohler, C.

1991-01-01

The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

Protection against violence in home (domestic violence – Family law, misdemeanor amd criminal aspects

Directory of Open Access Journals (Sweden)

Ivana Radić

2014-01-01

Full Text Available This paper analyses three main legal aspects of protection from family violence in Croatia: the family law aspect, focused on protecting the child but, precisely because of that, extremely important; misdemeanour law, as the most common form of legal reaction to family violence; criminal law aspect, marked by significant legislative changes. Also, a brief review of important international documents relevant to this topic is given, as well as few interesting comparative solutions. Authors conclude that, regardless of positive changes, ten years after the adoption of the Family Violence Protection Act in Croatia, there are still a lot of possibilities and, more importantly, necessity for improving protection from family violence.

Annotated Bibliography of Law-Related Pollution Prevention Sources.

Science.gov (United States)

Lynch, Holly; Murphy, Elaine

This annotated bibliography of law-related pollution prevention sources was prepared by the National Pollution Prevention Center for Higher Education. Some topics of the items include waste reduction, hazardous wastes, risk reduction, environmental policy, pollution prevention, environmental protection, environmental leadership, environmental…

Effectiveness Of Implementation Of Corporate Social Responsibility (CSR In The Environmental Law Enforcement

Directory of Open Access Journals (Sweden)

Irwansyah

2016-09-01

Full Text Available Development in Indonesia refers to the concept of sustainable development (sustainable development and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . Through Law No. 40 Year 2007 regarding Limited Liability Company , specifically in Article 74, in response to the action of the business world to social and environmental causes damages to society . But in application / CSR implementation will be undertaken by the company is not maximized with implications for the enforcement of environmental law.

Environmental law and sustainable development

Directory of Open Access Journals (Sweden)

María Oliva Sirgo Álvarez

2017-06-01

Full Text Available This article analyses the origin and birth of the human right to a safe and healthy environment in order to allow everyone to live a dignified and quality life. It also analyses the essential content of sustainable development, which must always guide the development of environmental law to ensure a healthy environment for human present and future generations, and a sustainable economic growth that contributes to the development of equal opportunities for all people.

EU Law Autonomy Versus European Fundamental Rights Protection

DEFF Research Database (Denmark)

Storgaard, Louise Halleskov

2015-01-01

In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...... rights protection. It argues that the concerns for EU law autonomy expressed in the Opinion for the most part are unwarranted and that the Court, through the use of classic constitutionalist language, seeks to position EU law as the superior European fundamental rights regime. The article furthermore...

Corporate liability for environmental harm

OpenAIRE

Perry-Kessaris, Amanda

2010-01-01

Book synopsis; This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of public law, such as trade law and law of the sea. The contributors offer analysis on foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas like marine protection and the law of inter...

Issues regarding environmental protection in Romania

Directory of Open Access Journals (Sweden)

Mirela Draghicescu

2010-12-01

Full Text Available The “environmental protection” activity in our country should be approached by taking into consideration its entire complexity, and the most reliable solutions may be provided only by direct and permanent reference to the vast issue of social development in its entirety. The present work aims to draw attention towards pollution, the main cause of environmental deterioration in Romania, as well as towards the management of waste materials, while taking into account the national strategy. In Romania, environmental protection is a distinct domain of the national policy, establishing the priority objectives by “The National Strategy for Environmental Protection”, according to the communitarian strategy, as well as to the tendencies and initiatives existing at global level. Our country’s efforts over the past years with respect to environmental protection are very important in the framework of contemporary economy and are reflected in the expenses incurred for environmental protection.

Objectives, Extent and Organization of Radiological and Environmental Protection in Relation to the Nature and Size of Nuclear Facilities

International Nuclear Information System (INIS)

Kathren, R.L.

1979-01-01

Radiological and environmental protection programs for nuclear facilities have similar goals and objectives, which are basically to protect people and the environment from adverse effects. To be effective, the programs must have organizational independence and a strong commitment from management. In return, the programs should ensure that the facility is operating in full compliance with law and good practice. The scope and elements of radiological environmental protection programs will vary according to facility type and size, with the larger and more complex facilities having a diversity of staff and functions. Examples of good and poor organization charts are given and discussed from the standpoint of program effectiveness along with a discussion of the role of the radiation protection committee. (author)

The law of radiation protection in the member states of the European Community. Vol. 2

International Nuclear Information System (INIS)

Bischof, W.; Pelzer, N.

1983-01-01

After a first publication concerning the law of radiation protection in the Benelux Countries in volume II the law of radiation protection in the Federal Republic of Germany is represented. The investigation which compares the different laws discusses not only the substantive bases and repercussions of the provisions of radiation protection; the commission furthermore is interested to examine to what extent it was successful to bring the national provisions of radiation protection into one line with each other on the basis of the fundamental standards of Euratom. Apart from a comprehensive discussion of the provisions of radiation protection and of the organization of radiation protection critical annotations are made to some topics. The volume consists of the following chapters: development, fundamentals, principles and definitions, organization of radiation protection, nuclear installations, radioactive substances and waste, protection and population and environment, internal radiation protection, medical supervision, radiation on foodstuffs and radiopharmaca, legal provisions governing fines and penalties. (orig./HSCH) [de

Environmental Protection Versus Foundry Engineering Practice

Directory of Open Access Journals (Sweden)

Maj M.

2017-06-01

Full Text Available • Theory and practice of environmental protection in the case of foundries in Europe and Asia • Experience resulting from the cooperation with the foundries in a few European countries, China and India • Phenomena and factors affecting the pollution of the natural environment and the implementation of measures aiming at the environmental protection. Every specialist dealing with foundry processes and their impact on environmental pollution must have encountered in their professional careers numerous situations in which the theory of environmental protection confronts the stark reality. The discrepancy between theory and practice can particularly be noticed in foundry engineering in developing countries where the contrasts between different countries and casting plants are extremely striking. The comparison of working conditions in European and Asian foundries provides a vast scope for further observations and analyses. Environmental protection seems not only a concern of manufacturers of castings, but also of their customers whose opinion exerts a significant influence on both the acceptability of working conditions and on the approach to environmental pollution adopted in metal casting industry. The article presents a number of examples of various outlooks on environmental issues in foundries manufacturing a wide range of cast steel and cast iron castings, where different technologies and production processes are applied.

Student Leadership Role for Environmental Protection

Directory of Open Access Journals (Sweden)

Ramona Isabel S. Ramirez

2017-05-01

Full Text Available The research focuses on the role of student organizations in the promotion of environmental education and protection. It assessed the student organizations’ initiatives and activities that address the environmental issues and problems. It determined whether student leadership can be an effective tool in addressing environmental concerns and promote environmental education. Descriptiveevaluative methods of research were used in the study. Documentary analysis was used to determine the programs, projects and activities conducted by the different student organizations along environmental education and protection. Interview and focused group discussions were employed to validate the secondary data and identify problems and constraints encountered by the organization. Results of the study showed that the University supports student leadership through the student organizations. Student organizations are empowered and given rights and privileges’ as stipulated in the student handbook. There were more than forty accredited student organizations in CBSUA. All of them initiated programs/projects and activities that are environment related as required by the university. Student leadership through student organizations is an effective tool in promoting environmental education and protection. Student empowerment through student organizations can promote student involvement in the most pressing concerns of environment protection.

Protection of historic buildings against environmental pollution of vibrations

Directory of Open Access Journals (Sweden)

Kowalska-Koczwara Alicja

2016-01-01

Full Text Available Historic buildings in Poland are largely neglected objects that small percentage is preserved in its original form. Unrelenting in the case of historic buildings is a time that brings with it the natural processes of aging of buildings, but also the history of the object which is often marked by military conflicts, fires or even incompetently carried out reconstruction. Nowadays historic buildings are also destroyed by the rapid development of infrastructure and residential construction. This development could lead to changes of water in the soil, make changes in the geologic al structure or cause exposure of the historic building to the new influences (eg. traffic vibrations, to which building has not been subjected so far. Vibrations are often omitted in environmental issues, although the protection against noise and vibration has its place in the Law on Environmental Protection. This article presents the methodology for the measurement and interpretation of vibration influence on historic buildings and the assessment methods of technical condition of historic building on the example of dynamic measurements made on St. Nicholas Church in Krakow. The importance of well-done crack-by-crack documentation and characterization of damages based on damage index is shown. Difficulties that can be encountered when determining the causes of technical condition of historic buildings are also shown. Based on the example of the Church in the article are also given the possible protection solutions of historic structures from vibrations.

Evaluation of Personal Chemical Vapor Protection for Patrol and Tactical Law Enforcement

National Research Council Canada - National Science Library

Fedele, Paul D; Lake, William L; Arca, Victor J; Marshall, Stephen M; Mitchell, David B

2002-01-01

... functions in law enforcement. Various Level C, impermeable and charcoal impregnated, vapor-absorptive, air-permeable protective clothing ensembles, worn with the MSA Millenium respiratory protective mask/butyl hood, and seven-mil...

Consequences of the new radiation protection law on the radiation protection register and the occupational radiation protection; Auswirkungen des neuen Strahlenschutzgesetzes auf das Strahlenschutzregister und die berufliche Strahlenueberwachung

Energy Technology Data Exchange (ETDEWEB)

Frasch, Gerhard

2017-08-01

The implementation of the guideline 2013/59/EURATOM has been performed in the new radiation protection law. The most important consequences of the new radiation protection law for the occupational radiation protection are the following: the introduction of an explicit personal indicator and the actualization of occupational categories for employees. These facts require technical and administrative reorganization in data transmission of the licensee to the regulatory monitoring executive and the radiation protection register.

Environmental Law and Underdevelopment in the Niger Delta ...

African Journals Online (AJOL)

Environmental Law and Underdevelopment in the Niger Delta Region of Nigeria. ... is composed of many ecosystems of great economic and social importance, ... producing companies contribute to the degradation of the environment which in ...

Opportunities of education in of environmental law in the form of e-learning

International Nuclear Information System (INIS)

Jurik, L.

2005-01-01

The environmental laws were originated as a result of endeavour about solving of unfavourable anthropogenic influences on the environment. In this presentation author presents system of e-learning of environmental laws. Historical aspects and principles of e-learning are discussed

Legal instruments and proposals for acts of the European Communities relating to the protection of the environment

International Nuclear Information System (INIS)

Lohse, S.

1992-01-01

The compilation comprises all legal instruments and proposals for legal instruments of the European Communities in the field of environmental protection which were incorporated in the EDP-aided compilation of the Federal Office for Environmental Protection, specialized field 'Juristic Environmental Issues'. It replaces the preceding compilation as of July 15, 1985, November 1, 1986, December 1, 1988 and March 1, 1991. The volume is subdivided into the sections: General information, regional development law, nature preservation law, law on water pollution control, refuse law, imission control law, atomic energy law, energy and mining law, law on dangerous materials and law on environmental health. (orig.) [de

Radiological protection and environmental management

International Nuclear Information System (INIS)

Perez Fonseca, A.

2010-01-01

From the beginning of its industrial activity twenty five years ago, the Juzbado Factory of Enusa Group has always upheld a strong commitment with Radiological Protection and environmental respect and protection. Consequently, the evolution of dose shows a downward trend over the years. Although production has been increased gradually, the average doses to workers have stayed below 1 mSv. In order to identify and prevent the potential environmental impacts of its industrial activity and minimize its impact on the surroundings, the facility develops and environmental management system according to UNE-EN-ISO 14001 since 1999. (Author)

Radiation protection and environmental protection

International Nuclear Information System (INIS)

Xie Zi; Dong Liucan; Zhang Yongxing

1994-01-01

A collection of short papers is presented which review aspects of research in radiation and environmental protection carried out by the Chinese Institute of Atomic Energy in 1991. The topics covered are: the analysis of Po 210 in the gaseous effluent of coal-fired boilers; the determination of natural radionuclide levels in various industrial waste slags and management countermeasures; assessment of the collective radiation dose from natural sources for the Chinese population travelling by water; the preliminary environmental impact report for the multipurpose heavy water research reactor constructed by China for the Islamic Republic of Algeria. (UK)

38 CFR 3.960 - Section 306 and old-law pension protection.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Section 306 and old-law pension protection. 3.960 Section 3.960 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Protection § 3.960...

Y-12 Site environmental protection program implementation plan (EPPIP)

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-11-01

The Y-12 Plant Environmental Protection Program is conducted to: (1) protect public health and the environment from chemical and radiological releases occurring from current plant operations and past waste management and operational practices; (2) ensure compliance with federal, state, and local environmental regulations and DOE directives; (3) identify potential environmental problems; (4) evaluate existing environmental contamination and determine the need for remedial actions and mitigative measures; (5) monitor the progress of ongoing remedial actions and cleanup measures; and (6) inform the public of environmental issues relating to DOE operations. DOE Order 5400.1, General Environmental Protection Program, defines the general requirements for environmental protection programs at DOE facilities. This Environmental Protection Program Implementation Plan (EPPIP) defines the methods by which the Y-12 Plant staff will comply with the order by: (1) referencing environmental protection goals and objectives and identifying strategies and timetables for attaining them; (2) providing the overall framework for the design and implementation of the Y-12 Environmental Protection Program; and (3) assigning responsibilities for complying with the requirements of the order. The EPPIP is revised and updated annually.

Y-12 Site environmental protection program implementation plan (EPPIP)

International Nuclear Information System (INIS)

1996-11-01

The Y-12 Plant Environmental Protection Program is conducted to: (1) protect public health and the environment from chemical and radiological releases occurring from current plant operations and past waste management and operational practices; (2) ensure compliance with federal, state, and local environmental regulations and DOE directives; (3) identify potential environmental problems; (4) evaluate existing environmental contamination and determine the need for remedial actions and mitigative measures; (5) monitor the progress of ongoing remedial actions and cleanup measures; and (6) inform the public of environmental issues relating to DOE operations. DOE Order 5400.1, General Environmental Protection Program, defines the general requirements for environmental protection programs at DOE facilities. This Environmental Protection Program Implementation Plan (EPPIP) defines the methods by which the Y-12 Plant staff will comply with the order by: (1) referencing environmental protection goals and objectives and identifying strategies and timetables for attaining them; (2) providing the overall framework for the design and implementation of the Y-12 Environmental Protection Program; and (3) assigning responsibilities for complying with the requirements of the order. The EPPIP is revised and updated annually

Criminal law in the system of legal instruments under environmental law. Shown by examples of German and U.S. American clean air policy; Das Strafrecht im System umweltrechtlicher Instrumentarien. Am Beispiel deutscher und US-amerikanischer Luftreinhaltepolitik

Energy Technology Data Exchange (ETDEWEB)

Rohr, B.M. von

1995-12-31

The authoress presents an analysis of the entire range of governmental instruments and measures and their systematic interlacement, as available under the German or the U.S. American law for protection of the environment. This analysis is the basis for the subsequent study aiming at clarifying the legitimacy and the required design of laws and regulations defining crimes and sanctions or penalties in the system of environmental law. The authoress derives a characterisation of legislative intent and mode of application of environmental criminal law which differs from that of the ``classic`` criminal law. Pursuing from this characterisation of legal instruments and methods, and from the framework of governmental action and related alternatives available under U.S. legislation, the authoress explains a number of appoaches recommended for reform and amendment of the current German system of environmental criminal law, which hitherto has shown low efficiency. (orig.) [Deutsch] Die Autorin nimmt eine Analyse der Gesamtheit staatlicher Massnahmen und ihrer systematischen Beziehungen im deutschen und US-amerikanischen Umweltrecht vor. Diese Analyse bildet die Grundlage der zentralen Frage der Untersuchung nach der Legitimitaet und notwendigen Struktur umweltstrafrechtlicher Normen. Dabei kommt die Autorin zu einer vom klassischen Kernstrafrecht abweichenden Funktionsbestimmung des Umweltstrafrechts. Ausgehend von dieser Positionsbestimmung des Strafrechts und den in den USA vorgefundenen Handlungsalternativen entwickelt die Autorin eine Reihe von Reformvorschlaegen als Antwort auf die derzeitige Ineffizienz der des deutschen Umweltstrafrechts. (orig.)

EPA Administrative Law Judge Legal Documents

Data.gov (United States)

U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

Environmental Protection Versus Foundry Engineering Practice

OpenAIRE

Maj M.; Werrtz J.; Piekło J.

2017-01-01

• Theory and practice of environmental protection in the case of foundries in Europe and Asia • Experience resulting from the cooperation with the foundries in a few European countries, China and India • Phenomena and factors affecting the pollution of the natural environment and the implementation of measures aiming at the environmental protection. Every specialist dealing with foundry processes and their impact on environmental pollution must have encountered in their professional careers n...

Concretization of rules of law in the field of environmental law

International Nuclear Information System (INIS)

Kunert, F.J.

1989-01-01

The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de

Legal protection against a lack of grounds in administrative judgements concerning public interests

International Nuclear Information System (INIS)

Schmidt, W.

1976-01-01

Administrative legal protection, according to Basic Law, is the right of the individual for protection, i.e. protection of 'subjective' rights based on 'objective' law. The extension of this legal protection beyond the legal protection of the individual has been under discussion lately, mostly in connection with a joint board suit, not so often with citizen actions which comprise 'individual suit' and 'joint board suit', mainly in environmental protection law (e.g. actions brought against nuclear power plants). Such rights are not to be conceded to everybody and every association, but only to a few supraregional associations with legal status, e.g. the citizen association environmental protection. (HP) [de

Low-level radioactive waste disposal: radiation protection laws

International Nuclear Information System (INIS)

Chapuis, A.M.; Guetat, P.; Garbay, H.

1991-01-01

The politics of radioactive waste management is a part of waste management and activity levels are one of the components of potential waste pollutions in order to assume man and environment safety. French regulations about personnel and public' radiation protection defines clearly the conditions of radioactive waste processing, storage, transport and disposal. But below some activity levels definite by radiation protection laws, any administrative procedures or processes can be applied for lack of legal regulations. So regulations context is not actually ready to allow a rational low-level radioactive waste management. 15 refs.; 4 tabs.; 3 figs

1982 UCC-ND/GAT environmental protection seminar: proceedings

International Nuclear Information System (INIS)

1983-04-01

This environmental protection seminar was divided into seven sessions: (1) general environmental protection, (2) air and water pollution control, (3) spill control and countermeasures, (4) toxic materials control, (5) hazardous materials control, (6) environmental protection projects, and (7) cost benefit analysis. Separate abstracts have been prepared for the 41 papers presented therein

1982 UCC-ND/GAT environmental protection seminar: proceedings

Energy Technology Data Exchange (ETDEWEB)

1983-04-01

This environmental protection seminar was divided into seven sessions: (1) general environmental protection, (2) air and water pollution control, (3) spill control and countermeasures, (4) toxic materials control, (5) hazardous materials control, (6) environmental protection projects, and (7) cost benefit analysis. Separate abstracts have been prepared for the 41 papers presented therein. (ACR)

Pressure Shell Approach to Integrated Environmental Protection

Science.gov (United States)

Kennedy, Kriss J.

2011-01-01

The next generation of exploration mission human systems will require environmental protection such as radiation protection that is effective and efficient. In order to continue human exploration, habitat systems will require special shells to protect astronauts from hostile environments. The Pressure Shell Approach to integrated environmental (radiation) protection is a multi-layer shell that can be used for multifunctional environmental protection. Self-healing, self-repairing nano technologies and sensors are incorporated into the shell. This shell consists of multiple layers that can be tailored for specific environmental protection needs. Mainly, this innovation focuses on protecting crew from exposure to micrometeorites, thermal, solar flares, and galactic cosmic ray (GCR) radiation. The Pressure Shell Approach consists of a micrometeoroid and secondary ejecta protection layer; a thin, composite shell placed in between two layers that is non-structural; an open cavity layer that can be filled with water, regolith, or polyethylene foam; a thicker composite shell that is a structural load bearing that is placed between two layers; and a bladder coating on the interior composite shell. This multi-layer shell creates an effective radiation protection system. Most of its layers can be designed with the materials necessary for specific environments. In situ materials such as water or regolith can be added to the shell design for supplemental radiation protection.

The new protection level of the atomic energy law; Das neue Schutzniveau des Atomgesetzes

Energy Technology Data Exchange (ETDEWEB)

Ziehm, Cornelia [Deutsche Umwelthilfe e.V. (DUH), Berlin (Germany). Klimaschutz und Energiewende

2011-07-01

The atomic energy law is determining the normative basis for best possible danger prevention and hazard control in accordance with the actual state-of-the art of science and technology. This is not only essential for the legal licensing procedures but also for atomic energy authorities. With the introduction of paragraph 7d into the German atomic energy law in the frame of revision 12 essential protection requirements and retrofitting measures will be withdrawn from the danger prevention in the sense of the atomic energy law and thus the third party protection.

Legal instruments and proposals for acts of the European Communities relating to the protection of the environment. As of May 12, 1993

International Nuclear Information System (INIS)

Lohse, S.

1993-01-01

The compilation comprises all legal instruments and proposals for legal instruments of the European Communities in the field of environmental protection which were incorporated in the EDP-aided compilation of the Federal Office for Environmental Protection, specialized field 'Juristic Environmental Issues'. It replaces the preceding compilations. The volume is subdivided into the sections: General information, regional development law, nature preservation law, law on water pollution control, refuse law, imission control law, atomic energy law, energy and mining law, law on dangerous materials and law on environmental health. (orig.) [de

Globalisation and National Incentives for Protecting Environmental Goods

OpenAIRE

Alkuin Kölliker

2004-01-01

This article tries to explain national incentives for protecting environmental goods either autonomously or collectively; it explores how globalisation has affected those incentives; and it suggests how national environmental policy might respond so as to ensure its effectiveness. The central argument is that national incentives for environmental protection may to a considerable extent be explained by a combination of the type of environmental good to be protected (in terms of public goods th...

Linking Environmental Protection and Poverty Reduction in Africa: An Analysis of the Regional Legal Responses to Environmental Protection

Directory of Open Access Journals (Sweden)

Emeka Polycarp Amechi

2010-09-01

Full Text Available Poverty has been identified as the main cause and consequence of environmental degradation in Africa . It follows that if poverty is the main cause of environmental degradation in Africa , then policies, programmes and legal provisions designed to protect the environment in the region will be unsuccessful without a significant improvement in the living standards, wellbeing and livelihoods of the poor. In the same breath, since poverty is a consequence of environmental degradation, then the protection of the environment is critical to the achievement of poverty reduction initiatives such as the Millennium Development Goals in Africa . Hence, it can be argued that there is a mutual relationship between the achievement of environmental protection and reduction of poverty in Africa . This article therefore examines the extent to which the various regional legal instruments for the protection of the environment in Africa recognise this mutual linkage by providing for the promotion of poverty reduction and socio-economic development as integral aspect of their objective of ensuring the protection of the environment in the region.

The rising tide of green unilateralism in world trade law. Options for reconciling the emerging north-south conflict

Energy Technology Data Exchange (ETDEWEB)

Biermann, F.

2000-12-01

This paper argues that to reconcile the objectives of free trade and environmental protection, limited reforms of international trade law are required. There is a need to guarantee, first, that universally accepted international environmental agreements that mandate trade-restrictions remain compatible with international trade law, in particular with the General Agreement on Tariffs and Trade. Second, it is necessary to ensure that the interests of small and vulnerable states are protected against environmental unilateralism of the major trading nations. This reform agenda could be realized, it is argued, through an authoritative interpretation of international trade law by the Ministerial Conference of the World Trade Organization (WTO). This interpretation should stipulate that environmentally-motivated trade restrictions which are related to processes and production methods, and which are intended to protect environmental goods outside the importing country, be compatible with WTO law, but only if mandated by international environmental agreements that have been previously accepted by the Ministerial Conference. This paper outlines the rationale for such authoritative interpretation and offers a possible legal draft. This clarification of the relationship between international environmental and international trade law would protect the sovereign right of smaller trading nations, particularly developing countries, to enact their own environmental standards as may be appropriate and feasible according to their specific situation. It would also maintain the supremacy of multilateralism in both international trade and environmental policies, as opposed to unilateral action. The principle of international co-operation and the rule of law would be strengthened, and attempts to use the international trade system for the enforcement of unilaterally decided environmental standards would be precluded. (orig.)

Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

5 CFR 551.541 - Employees engaged in fire protection activities or law enforcement activities.

Science.gov (United States)

2010-01-01

... activities or law enforcement activities. 551.541 Section 551.541 Administrative Personnel OFFICE OF... activities or law enforcement activities. (a) An employee engaged in fire protection activities or law enforcement activities (as described in §§ 551.215 and 551.216, respectively) who receives compensation for...

Environmental radiation protection - a brief history

International Nuclear Information System (INIS)

Zapantis, A.P.

2003-01-01

The effects of ionising radiation on man has been studied intensely for decades, and the system of radiation protection for man has been continually refined in the light of those studies. That system assumes that if man is protected, non-human biota at the species level will also be adequately protected. However, an increasing recognition of the need to protect the environment, and international agreements signed in 1992, have resulted in that paradigm being questioned, with the onus shifting slowly towards demonstrating that the environment is protected. Further, radiation protection agencies and environmental protection agencies around the world have now started considering the issue of developing a system of radiation protection for the environment. The International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA) are also active in this area. The purpose of this paper is to briefly outline some of the issues confronting environmental and radiation protection specialists, and to mention some of the initiatives being taken by the international community to resolve those issues

Does environmental ethics found on natural law. Naturrechtliche Begruendung der Umweltethik

Energy Technology Data Exchange (ETDEWEB)

Irrgang, B.

1991-08-09

The author discusses various basic concepts of natural law; naturalistic and metaphysical fallacies, natural law and theory on human action developed by St. Thomas Aquinas. The author concludes by advocating an ethics for result assessment based on moral principles, and, in the case of environmental ethics in particular on justice (equal treatment, appropriateness, respect for those at a disadvantage and fairness between the gneerations). The same criterions should apply to matters concerning the ethics of energy generation, genetic engineering and economic and environmental ethics. (orig./HSCH).

e-compendium - Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014

DEFF Research Database (Denmark)

Steen, Ulla

2014-01-01

E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014......E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014...

The 'Umweltanwalt' as a means of 'indirect citizens participation' - A survey of possibilities of the representation of environmental interests in administrative procedures in Austrian law

International Nuclear Information System (INIS)

Schnedl, G.

1990-11-01

The central topic of this study is how environmental protection can be ensured within the framework of administrative procedures in Austria. Environmental law in Austria faces two major problems. One is the inadequacy of statutory law; the other a lack of execution. The reasons for the latter are examined in part I. The main part of the study discusses various ways of representing environmental protection interests in administrative procedures, such as licensing. As there are certain limits to citizen's individual rights the study focusses on the participation of groups of citizens and associations as well as ' indirect participation' through an institutionalized representative of environmental interests (a so called 'Umweltanwalt'). Part II gives a comparative analysis of the legal implementation of the 'Umweltanwalt' and similar institutions in Austria's 'Laender' (federal states); it also deals with the pros and cons of creating an 'Umweltanwalt' on the federal level. Part III is dedicated to a proposed amendment of the rules of administrative procedure providing for the participation of the public in environmental decision making. Part IV deals with the question if this procedural approach can be the basis of an appropriate environmental impact assessment. The final part summarizes the positive and negative aspects of the various instruments and pleads for their combination as a solution for the problem of underrepresentation of environmental interests in agency decision making. (author)

EG and G Idaho environmental protection implementation plan

International Nuclear Information System (INIS)

Stump, R.C.

1989-11-01

This report describes the EG ampersand G Idaho strategy for implementation of the Department of Energy (DOE) Order 5400.1 (a DOE-Headquarters directive establishing environmental protection program requirements, authorities, and responsibilities). Preparation of this Environmental Protection Implementation Plan is a requirement of DOE Order 5400.0 Additionally, this report is intended to supplement the Department of Energy -- Idaho Operations Office (DOE-ID) Environmental Protection Implementation Plan by detailing EG ampersand G Idaho Environmental Protection Program activities. This report describes the current status of the EG ampersand G Idaho Program, and the strategies for enhancing, as necessary, the current program to meet the requirements of DOE Order 5400.1. Aspects of the Environmental Protection Program included in this report are the assignment of responsibilities to specific EG ampersand G organizations, a schedule for completion of enhancements, if necessary, and requirements for documentation and reporting. 3 figs., 1 tab

Nuclear-industry employee protection provisions of federal law

International Nuclear Information System (INIS)

Fidell, E.R.; Marcoux, W.C.

1982-01-01

Legislation enacted by Congress in 1978 to provide protection for those employed in the construction or operation of civil nuclear projects who express concerns to employers or others about the propriety of procedures in their places of employment from the standpoint of safety is summarized. The authors describe some recent and anticipated developments in the implementation of the law and offer practical suggestions for the avoidance of particular problems under the law. They counsel that the prudent utility company or other firm involved with nuclear energy will see the statute as another reason for facilitating the flow of bona fide safety concerns rather than as a vehicle for the expression of generalized complaints by malcontents and a convenient shield for substandard performers in the work force

The CIEDA-CIEMAT. The close relationship been Environmental Law and Scientific-Technical Innovation; El CIEDA-CIEMAT. La Intima relacion entre el derecho ambiental y la innovacion cientifico-tecnica

Energy Technology Data Exchange (ETDEWEB)

Molina Hernandez, A. J.

2010-07-01

The main goal of the International Environmental Law Studies Center (CIEDA-CIEMAT) is to become a reference center in the area of research, development and dissemination of the legal instruments needed to implement sustainability policies. The CIEDA-CIEMAT forms part of the actions included in the Specific Action Plan for Soria (PAES) that commissions CIEMAT to create such a center. The legal needs associated with environmental protection have brought about a rapid evolution of environmental law. The CIEDA-CIEMAT intends to support the public powers and civil society in the implementation of a sustainable development model. Considering the global nature of environmental problems, the international orientation of the Center is an essential ingredient, with a special focus on cooperation with the developing countries. Tho close ties of this branch of law to scientific-technological knowledge fully justifies the inclusion of a center of this nature in CIEMAT. (Author)

Equal Protection Under the Law: Do Female Justices have a Different Voice?

Directory of Open Access Journals (Sweden)

Katherine Jorgensen

2012-01-01

Full Text Available As women take on a continuously larger role in the legal field, it has become tremendously important to study and understand the impact women are having on the judicial system. This work explores the role of women in the judiciary. Specifically, I examine the Supreme Court of the United States to find out whether women’s jurisprudence differs from that of their male colleagues. For this paper, I limit my examination to cases involving equal protection under the law. The theory I employ is that of Carol Gilligan, who argues that across many realms, women have a uniquely different voice than men (1982. Through a quantitative analysis of 49 cases dealing with issues of equal protection under the law, I show that Gilligan’s theory helps us understand how cases are decided in the United States Supreme Court. Additionally, I show how the “Different Voice” model improves upon existing models of judicial decision making by Lee Epstein, Jeffrey Segal, and Harold Spaeth. This paper expands current gender and politics literature, which had previously used Gilligan’s insights to examine U.S. state legislatures, by analyzing decision making in the Supreme Court. This paper thus illustrates that women, due to their unique life experiences, have a different understanding of the law in regards to equality and equal protection under the law.

The European Union's Role in the Development of Global Environmental Law

DEFF Research Database (Denmark)

Basse, Ellen Margrethe

2017-01-01

This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law.......This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law....

Environmental and economic evaluation of the Massachusetts Smoke-Free Workplace Law.

Science.gov (United States)

Alpert, Hillel R; Carpenter, Carrie M; Travers, Mark J; Connolly, Gregory N

2007-08-01

An environmental and economic evaluation of the smoke-free law in Massachusetts provides a broad appreciation of how a state-wide smoking ban affects the health of patrons and workers as well as the industries that are commonly concerned about the effects of smoking bans on business. The aim of this study is to evaluate environmental and economic effects of the statewide Massachusetts statewide Smoke-Free Workplace Law. Before and after the smoking ban, air quality testing was conducted in a sample (n = 27) of hospitality venues and state-wide economic changes were assessed. Compliance, in terms of patronage was measured by person-counts. Environmental outcomes were respirable suspended particles (RSP) less than 2.5 microns in diameter (PM2.5). Economic outcomes were meals tax collections, employment in the food services and drinking places and accommodations industries. On average, levels of respirable suspended particles (RSPs) less than 2.5 microns in diameter (PM2.5) decreased 93% in these venues after the Massachusetts Smoke-free Workplace Law went into effect. No statistically significant changes were observed among the economic indicators. This evaluation demonstrates that the state-wide Massachusetts law has effectively improved indoor air quality in a sample of Massachusetts venues and has not negatively affected several economic indicators.

The proceduralisation of data protection remedies under EU data protection law : Towards a more effective and data subject-oriented remedial system?

NARCIS (Netherlands)

Galetta, Antonella; de Hert, Paul

2015-01-01

The proceduralisation of data protection remedies under EU data protection law: towards a more effective and data subject-oriented remedial system?
The right to remedy breaches of data protection is laid down in both Directive 95/46/EC (Art. 22) and the Council of Europe Data Protection Convention

LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

Directory of Open Access Journals (Sweden)

Muhammad Helmy Hakim

2016-05-01

Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

Ethics and data protection in human biomarker studies in environmental health.

Science.gov (United States)

Casteleyn, Ludwine; Dumez, Birgit; Van Damme, Karel; Anwar, Wagida A

2013-08-01

Human biomarker studies in environmental health are essential tools to study the relationship between health and environment. They should ultimately contribute to a better understanding of environmentally induced adverse health effects and to appropriate preventive actions. To ensure the protection of the rights and dignity of study participants a complex legal and ethical framework is applied, consisting of several international directives, conventions, and guidelines, whether or not translated in domestic laws. Main characteristics of ethics and data protection in studies using biomarkers in the field of environmental health are summarized and current discussions on related questions and bottlenecks highlighted. In the current regulatory context, dominated by the protection of the individual study participant, difficulties are reported due to the different interpretation and implementation of the regulations of concern within and across borders. Advancement of consistency and compatibility is recommended and efforts are ongoing. An increasing demand for secondary use of data and samples poses additional challenges in finding a right balance between the individual rights of the study participants on the one hand and the common interest of, and potential benefit for the public or community at large on the other. Ethics committees could play a key role in assessing problems originating from the sometimes competing needs at individual and societal level. Building trust in science amongst (potential) study participants and within the community allows the inclusion of arguments from the societal perspective. This requires increased attention for respectful communication efforts. Striving for public participation in decision making processes may promote policy relevant research and the related translation of study results into action. Copyright © 2013 Elsevier GmbH. All rights reserved.

The Consumer Protection Clinical Course at UCLA School of Law

Science.gov (United States)

Bergman, Paul

1978-01-01

The Consumer Protection clinical course, in which case supervision is provided by government agency personnel, is described. Implications are considered regarding the necessity and emphasis of a seminar component, and the usefulness of clinical courses in teaching substantive law as well as lawyering skills. (LBH)

State environmental law and carbon emissions: Do public utility commissions use environmental statutes to fight global warming?

Energy Technology Data Exchange (ETDEWEB)

Sautter, John A.

2010-10-15

In many states environmental statutes provide the authority for public utility commissioners to make decisions to reduce greenhouse gases from electricity generation. This article looks at six such laws and how the presence of these laws affected CO{sub 2} emissions during a nine-year period from 1997 to 2005. (author)

Royal Decree-Law 1302/1986 of 28 June 1986 on environmental impact studies

International Nuclear Information System (INIS)

1986-01-01

This Royal Decree-Law (No 1302/1986) of 28th June 1986 was published in the Official Gazette of 30th June 1986. The purpose of this Decree-Law is to provide for assessments of the environmental impact of certain projected installations and activities. The installations and activities requiring environmental impact studies are listed in the Annex to the Decree-Law and include nuclear power plants and other nuclear reactors (excluding those whose thermal power does not exceed 1 kW) as well as installations for the disposal and final storage of radioactive waste (NEA) [fr

Perspectives for environmental radiation protection in EU radiation protection legislation

International Nuclear Information System (INIS)

Janssens, A.

2000-01-01

The basis of EU radiation protection legislation is the EURATOM Trealy. It is discussed whether the Treaty offers a legal basis for the protection of the natural environment. The incorporation of provisions pertaining to the nuclear fuel cycle or to radioactive substances in general environmental legislation is explained, as well as the possible implications of international conventions subscribed by the European Union. The European Commission is in the process of developing an overall approach to risk analysis for the protection of health, consumer interests, and the environment. It is examined to what extent the consideration of the impact of radiation on the natural environment fits in the overall framework and whether the principles underlying classical radiation protection are applicable to biota. Specific attention is given to situations where high levels of environmental radioactivity would require intervention. (Author)

BIOETHICAL SENSIBILITY OF THE LAW ON PROTECTION OF PERSONS WITH MENTAL DIFFICULTIES

Directory of Open Access Journals (Sweden)

Velinka Grozdanić

2017-01-01

Full Text Available A more and more obvious gap between the human spiritual development, which mostly stagnates, and often even regresses, and the technological development of society, which intensively and unstoppably grows, has been the initiation of numerous bioethical discussions that cover a wide range of topics, i.e. from a concern for a man and his health to a concern for nature and preservation of life in general. No matter the fact that numerous ethical discussions, which highlighted the last decade, have resulted with commonly accepted principles, several ethical issues were left without clear and unambiguous solutions. Within this context, the legal regulations expected to protect persons from unacceptable and harmful actions, but at the same time not to present an obstacle to scientific and technological development of society, have gained a special meaning. This is a significant challenge due to the fact that through statutory provisions we need to reach a balance between the freedom of scientific research and protection of a man. Although ethical dilemmas follow almost every field of human actions, bioethical contents are especially associated with the unimaginable technological achievements in medicine. Thereby, persons with mental difficulties, as one of the most vulnerable groups of patients, demand a highlighted bioethical sensibility within the meaning of humanity, understanding and enhanced awareness when ethically questionable medical procedures are applied on them, and especially when these patients are included in, sometimes even hazardous, biomedical researches. A basic protective mechanism for this category of persons in the Republic of Croatia is the Law on Protection of Persons with Mental Difficulties. The Law establishes a clear legal framework to proceed with actions designated for persons with mental difficulties, and certain legal provisions embodied within the Law could be considered a quite concrete answer to numerous ethical

The Russian Federation legislation. The new laws. Prospects for international cooperation

Energy Technology Data Exchange (ETDEWEB)

Lebedev, A. YE. [Department of project management TENEX, 26, Staromonetnyi Per., 109180 Moscow (Russian Federation)

2002-07-01

Survey of the regulatory basis for the international cooperation of the Russian Federation in the area of foreign commercial and research spent fuel management. Analysis of the latest legislative amendments. Complex approach and environmental priorities of the new legislative initiatives (three Federal laws): Amendments to Articles 1, 47 and 64 of the Federal Law on {sup U}tilization of atomic energy{sup ;} Amendments to Articles 50 of the Federal Law on {sup E}nvironmental protection{sup ;} The new Federal Law {sup O}n Special ecological programs for the clean- up of areas, contaminated by radiation{sup .} (author)

A Content Analysis of Protective Factors within States' Antibullying Laws

Science.gov (United States)

Weaver, Lori M.; Brown, James R.; Weddle, Daniel B.; Aalsma, Matthew C.

2013-01-01

State lawmakers have responded to school bullying by crafting antibullying legislation. By July 2011, 47 states enacted such laws, though varied widely in content and scope. This study systematically evaluated each state's antibullying legislation by focusing on the inclusion of individual, parental, and systemic protective factors through…

Environmental protection and competition policy

International Nuclear Information System (INIS)

Mehrlaender, H.

1993-01-01

The area 'Environmental protection and competition policy' follows the introductory guideline by Sir Leon Brittan, vice-president of the EC-Commission: 'We must seek the most market driven, dynamic approach to solutions, such that competition and technological advance bring the maximum economic and environmental benefits'. From this concrete measures are derived. (HSCH) [de

Economy and environmental protection. Wirtschaft und Umweltschutz

Energy Technology Data Exchange (ETDEWEB)

Dreyhaupt, F.J.; Geissler, A.; Hausmann, K.; Hulpke, H.; Kunert, K.H.; Markmann, H.; Massing, H.; Seeliger, J.; Storm, P.C.

1986-01-01

The meeting on the topic of 'Economy and environmental Protection' was held at the end of 1985 in the 'German Academy of Judges'. The book contains a major part of the lectures held there. The aim of the meeting was to gain insight into the pollution of the environment due to industry and into the maximum limits of pollution which the environment can bear. Among others, the lectures deal with the following questions: what effects do the environmental protection measures have upon the safeguarding of jobs. Do economical development on one hand, and environmental protection on the other, really represent such a big conflict of interests which will never be solved. Which problems arise e.g. from water pollution abatement, from mining and firing of hard coal, from offences involving environmental damage. (HSCH).

Workers safety in public psychiatric services: problems, laws and protections.

Science.gov (United States)

Carabellese, F; Urbano, M; Coluccia, A; Gualtieri, G

2017-01-01

The dramatic case of murder of a psychiatrist during her service in her public office (Centro di Salute Mentale of Bari-Libertà) has led the authors to reflect on the safety of workplaces, in detail of public psychiatric services. It is in the light of current legislation, represented by the Legislative Decree of April 9th, 2008 no. 81, which states the implementing rules of Law 123/2007. In particular, the Authors analyzed the criticalities of the application of this Law, with the aim of safeguarding the health and safety of the workers in all psychiatric services (nursing departments, outpatient clinics, community centers, day care centers, etc.). The Authors suggest the need to set up an articulated specific organizational system of risk assessment of psychiatric services, that can prevent and protect the workers from identified risks, and finally to ensure their active participation in prevention and protection activities, in absence of which specific profiles of responsibility would be opened up to the employers.

Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights

Directory of Open Access Journals (Sweden)

Ian M. Kysel

2016-06-01

Full Text Available The rights and movement of people crossing international borders remain inadequately governed and incompletely protected by a fragmented patchwork of institutions and norms. In recent years, debates regarding migration law and practice globally have been focused on subcategories of migrants, such as refugees, or on particular migration contexts, such as migration as a result of crisis or climate change. In response, a transnational initiative housed at the Georgetown University Law Center has drafted a soft-law bill of rights — the International Migrants Bill of Rights (IMBR — that seeks to elaborate the law protecting all migrants, regardless of the cause of their movement across an international border. The bill draws its content from human rights, refugee, and labor law, among other areas, and is drafted to be a comprehensive and declarative tool that articulates a core set of rights to protect migrants and to apply in the migration context.This article articulates how such a tool could be used to promote the recognition and protection of the rights of all migrants, in law and in practice. It argues that a soft-law bill of rights could be leveraged to fill significant gaps and promote an improved normative and institutional infrastructure that better protects all migrants worldwide. Section I provides a brief overview of the gap that a soft-law bill of rights can address. Section II provides a brief overview of the history and content of the bill of rights and IMBR Initiative. Section III describes, specifically, how making use of a soft-law bill of rights stands to improve the recognition and protection of fundamental rights that protect all migrants — and how soft law can help fill specific protection gaps.

SOCIAL CONDITIONALITY OF INFORMATION SECURITY PROTECTION BY CRIMINAL LAW IN THE RUSSIAN FEDERATION

OpenAIRE

EFREMOVA MARINA ALEKSANDROVNA

2016-01-01

Information security is one of the components of the national security in the Russian Federation. The role of the information component in the national security has become significantly more important. The criminal law needs to be updated in order to enhance its effectiveness with regard to criminal law protection of information security.

Legal and criminal law protection of children from sexual violence: Proposals de Lege Ferenda

Directory of Open Access Journals (Sweden)

Petković Nikola

2012-01-01

Full Text Available The legal and criminal law protection of children from sexual violence is a major element of the combat against this complex form of crime. Well-designed laws, consistency in their implementation, evaluation of effects and effectiveness of the measures envisaged by the laws are only some steps that must be made if the positive results are expected in opposing any crime, and therefore to sexual violence. Moreover, if we consider the consequences of attempted and/or committed sexual violence for the victim, which, if they reach the public evoke strong reaction, it is clear why the parts of the relevant legislation that regulate this matter are worthy of special attention to scientific and professional public. However, the mission of finding a fair legislative solution is not simple. In this sense, the United States of America have the richest experience, and we shall just try to point out the importance and complexity of the regulation of criminal law protection of children from sexual violence through critical analysis of their proposals and already adopted solutions, as well as through analysis of certain elements of domestic legislation. The aim of this study is review and critical analysis of selected proposals and existing solutions in the sphere of legal and criminal law protection of children from sexual violence: the U.S. law that regulates formation of the registry of sex offenders which is available to the public ('Megan's law', legal solutions that provide chemical castration of 'pedophiles', as well as those related to the question of establishing the age limit that determines possibility of entering into consensual sexual relations with a minor.

Requirements for the retrofitting an extension of the maximum voltage power grid from the point of view of environmental protection and cultivated landscape work

International Nuclear Information System (INIS)

2013-01-01

The project on the requirements for the retrofitting an extension of the maximum voltage power grid from the point of view of environmental protection and cultivated landscape work includes contributions on the following topics: the development of the European transmission grid, the grid extension law, restrictions for the power grid and their infrastructure, requirements for the regulations concerning the realization of the transnational grid extension, inclusion of the public - public acceptance - communication, requirements concerning the environmental compensation law, overhead line - underground cable - health hazards, ecological effects of overhead lines and underground cables, infrastructural projects, power supply in the future, structural relief by photovoltaics.

Protection of endangered intangible assets specific insight into the role of the law

Directory of Open Access Journals (Sweden)

Stajić Ljubomir

2011-01-01

Full Text Available There will always be states and corporations that will want and try to appropriate possessions of others without any intellectual or financial investments. Such a 'theft' is made easier by the fact that the owners of a certain property either have no awareness of its significance or tend to neglect the threats of a potential theft. For those, who naively believe that they don't possess property which will be 'attacked' by someone, and they don't want to know that it should be protected, and how to protect it, but the moment of sobering will be the moment of destruction. It is often wrongly assumed that intangible assets includes only brands, patents, information and similar. According to modern interpretations the intangible assets includes also the summary of knowledge, skills and experiences of the employees. In the Republic of Serbia also much more attention is paid to physical and technical protection of the material than of the intangible assets. In percentage terms the protection of employees, proprietors and owners as well as protection of business is so small that it is almost nonexistent. By analyzing historical data it has been decided that protection had always been behind the theft methods. It can also be concluded that the protection used to be efficient only for a limited and relatively short period of time. The problems of protection today lies in the fact that, being non-material, intangible assets does not actually need to be physically stolen so that the number of modalities of thefts and appropriation in different ways has considerably increased. Its protection today means adoption of such a massive protective system which, quite often, exceeds the capabilities of the owner. The significance of the intangible assets protection is best confirmed by the fact that is has been regulated in numerous multilateral as well as bilateral conventions and agreements. The law, actually, emerges as the basis, method and limitation of the

[Law for the protection of returned overseas Chinese 7 September 1990].

Science.gov (United States)

1990-09-10

The full text of the Beijing, China law on protection of returned overseas Chinese (ROC) (gui giao 2981 0294) and overseas Chinese families (OCF) (gui giao 0294 4187) is reported as effective on January 1, 1991 and adopted by the 7th National People's Congress Standing Committee on September 7, 1990. There are 22 articles. The 1st 2 articles define the population referred to: ROC are those Chinese who have returned and settled in China. OCF are those who have settled abroad. Family includes parents, children, spouses, brothers, sisters, grandparents, and grandchildren, and other relative receiving longterm support form overseas Chinese (OC). ROC and OCF have the same citizen rights and obligations prescribed in the constitution and other laws. ROC shall be resettled by the state. Concentrations of ROC in an area assures representation in the National People's Congress and people's congresses. ROC and OC have the right to organize social groups; the property of social groups is protected by law. In article 7, the state assures support for ranches and tree farms and school and medical care. Article 8 provides for local government support for investments of ROC, OC and OCF in industry and land commerce. Article 9 indicates government support at all levels for public services; tariffs will be reduced or exempted on donated materials and equipment brought from abroad. Private ownership of houses of ROC and OC is secured in article 10, and compensation is provided if the state appropriates the housing. ROC students and children of ROC and OC children in China are assured of support for education and employment assistance in article 11. Remittances of ROC and OCF received from abroad are protected in article 12. Article 13 secures the right of ROC and OCF to inheritance and gifts from relatives living abroad. ROC and OCF may dispose of overseas property. Article 15 requires examination of departure applications by relevant authorities. Emergency situations are accounted

Standards and laws for indoor air quality in Russia

International Nuclear Information System (INIS)

Bitkolov, N.; Musijchuk, Y.

1997-01-01

The air quality of indoor air in Russia, including the special problems of air quality with regard to radioactive contamination, is determined by a number of statutes, standards and regulations. All these are based on the biological principles that the maximum allowable concentrations of pollutants (MAC) and the prescribed radioactive safety dose limits should not be exceeded. The standards cover the air in the working zones of all ministries and departments, and are for trade unions, public and cooperative organisations and foundations. The basic Russian law for air quality is 'The Law on Environmental Nature Protection' (19.2.1991) which assures the right to health protection from adverse environmental effects. In the field of radioactive safety 'The Federal Law on Radioactive Safety' (9.1.1996) is the primary law and in accordance with it, every citizen living in Russia has the right to protection for the present and future generations from health-related deleterious effects of atomic radiation. The laws on air quality are part of the Russian Federation legal system and are secured in the Constitution. The air quality must be controlled by the Goscomgidromet and the Sunepidnadzor of Russia. In compliance with these laws everybody has the right to a favourable environment and the duty to protect, preserve and maintain it. The air environment is unique and common to all, thus economic cooperation dictates that a dedicated approach to air quality and air quality regulations would be the most appropriate way to preserve it. It appears judicious to join forces in the name of European ecological safety. To do this, it is necessary to combine the national means and secure. (author) 4 figs

EG and G Idaho Environmental Protection Implementation Plan (1990)

Energy Technology Data Exchange (ETDEWEB)

Wickham, L.E.

1990-11-01

This report describes the EG G Idaho strategy for implementation of the Department of Energy (DOE) Order 5400.1 (a DOE-Headquarters directive establishing environmental protection program requirements, authorities, and responsibilities). Preparation of this Environmental Protection Implementation Plan is a requirement of DOE Order 5400.1. Additionally, this report is intended to supplement the Department of Energy--Idaho Operations Office (DOE-ID) Environmental Protection Implementation Plan by detailing EG G Idaho Environmental Protection Program activities. This report describes the current status of the EG G Idaho program, and the strategies for enhancing, as necessary, the current program to meet the requirements of DOE Order 5400.1. Aspects of the Environmental Protection Program included in this report are the assignment of responsibilities to specific EG G organizations, a schedule for completion of enhancements, if necessary, and requirements for documentation and reporting. 4 figs., 1 tab.

EG and G Idaho Environmental Protection Implementation Plan (1991)

Energy Technology Data Exchange (ETDEWEB)

Graham, J.F.

1991-11-01

This report describes the EG G Idaho, Inc. strategy for implementation of the Department of Energy (DOE) Order 5400.1 (a DOE-Headquarters directive establishing environmental protection program requirements, authorities, and responsibilities). Preparation of this Environmental Protection Implementation Plan is a requirement of DOE Order 5400.1. Additionally, this report is intended to supplement the Department of Energy -- Field Office Idaho (DOE-ID) Environmental Protection Implementation Plan by detailing EG G Idaho Environmental Protection Program activities. This report describes the current status of the EG G Idaho Program, and the strategies for enhancing, as necessary, the current program to meet the requirements of DOE Order 5400.1. Aspects of the Environmental Protection Program included in this report are the assignment of responsibilities to specific EG G Idaho organizations, a schedule for completion of enhancements, if necessary, and requirements for documentation and reporting. 4 figs., 1 tab.

EG and G Idaho Environmental Protection Implementation Plan (1991)

International Nuclear Information System (INIS)

Graham, J.F.

1991-11-01

This report describes the EG ampersand G Idaho, Inc. strategy for implementation of the Department of Energy (DOE) Order 5400.1 (a DOE-Headquarters directive establishing environmental protection program requirements, authorities, and responsibilities). Preparation of this Environmental Protection Implementation Plan is a requirement of DOE Order 5400.1. Additionally, this report is intended to supplement the Department of Energy -- Field Office Idaho (DOE-ID) Environmental Protection Implementation Plan by detailing EG ampersand G Idaho Environmental Protection Program activities. This report describes the current status of the EG ampersand G Idaho Program, and the strategies for enhancing, as necessary, the current program to meet the requirements of DOE Order 5400.1. Aspects of the Environmental Protection Program included in this report are the assignment of responsibilities to specific EG ampersand G Idaho organizations, a schedule for completion of enhancements, if necessary, and requirements for documentation and reporting. 4 figs., 1 tab

U.S. Department of Energy, Richland Operations Office Environmental Protection Implementation Plan, November 9, 1994 to November 9, 1995

International Nuclear Information System (INIS)

1994-11-01

The defence production mission at the Hanford Sites has ceased, and treatment, storage, and disposal of existing waste and cleanup of the waste sites is now the major effort. Hanford Site's current mission is focused on three mission elements: site cleanup; technology development; economic diversification. The goal of US DOE is to clean up waste sites at the Hanford Reservation and bring the facilities into compliance with federal, state, and local environmental laws by 2028. This document provides information about the environmental protection implementation plan

ENVIRONMENTAL PROTECTION AND EDUCATION SYSTEM IN POLAND

Directory of Open Access Journals (Sweden)

Małgorzata Falencka-Jabłońska

2017-10-01

Full Text Available Pro-environmental education and the effectiveness of its methods are a necessity, decisive for preserving natural resources for successive generations. Educating proper attitudes towards the surrounding nature must be based on sound knowledge gained, supported by observation, experience and experiment. Teaching conducted at all levels environmental science should be based not on boxed knowledge, but on causal thinking skills. Establishing hypotheses and their verification, as well as the variety of methods of understanding the laws of nature, will influence the effective prevention of environmental degradation in the 21st century.

33 CFR 209.170 - Violations of laws protecting navigable waters.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Violations of laws protecting navigable waters. 209.170 Section 209.170 Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF... navigable waters. (a) [Reserved] (b) Injuries to Government works. Section 14 of the River and Harbor Act of...

Environmental futures research at the U.S. Environmental Protection Agency

Science.gov (United States)

Robert L. Olson

2012-01-01

Relatively little research on environmental futures has been carried out in the United States. An exception is the long-running futures research that the U.S. Environmental Protection Agency (EPA) has been conducting since the 1970s. This paper reviews past and current efforts toward developing a capacity for environmental foresight within the EPA, and discusses some...

[Adapting the law to offer better protection to female victims of violence].

Science.gov (United States)

Durand, Édouard

2014-11-01

As society has become more aware of the seriousness and the extent of domestic violence, the law has been adapted in order to offer female victims better protection. These legislative changes are recent and still meet with some resistance. The act of the 9th of July 2010 modified penal and civil laws to take better account of the specificities of the mechanisms of domestic abuse and create appropriate tools. The law about real equality between women and men, approved by the National Assembly on the 23rd of July 2014, is in line with this same objective.

International and European law on protected areas and climate change: need for adaptation or implementation?

Science.gov (United States)

Cliquet, A

2014-10-01

The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

Actors or Spectators? Vulnerability and Critical Environmental Law

Directory of Open Access Journals (Sweden)

Andreas Philippopoulos‐Mihalopoulos

2013-12-01

Full Text Available The question of whether we as humans should remain spectators of the great theatre of ecological disaster or become actors is a false dichotomy. In this chapter, I argue that both are needed, since the critical distance of spectatorship does not annul the need for immersion in the ecological continuum. A tool in the realisation of this is the concept of vulnerability, which is here conceptualised as a space of ‘the middle’ (as opposed, emphatically, to ‘the centre’ and offers an opportunity to think away from the sterile debate on eco/anthropocentricity and from such limiting hierarchies as animal/human, human/environmental, natural/artificial. This new, vulnerable position of the middle allows the reconfiguration of ecological processes, and more specifically, the position of environmental law in relation to them. Environmental law now finds itself amidst a new, moving, ‘open ecology’ of social, biological and ecological processes. This is a new, radical conceptualisation of what I have called ‘critical environmental law’, based upon an epistemology of observation and an ontology of being part of this open ecology. Environmental law, in this light, is simultaneously reformulated as being an invitation to disciplinary and ontological openness and yet a call to remain immanent within existing legal structures. This finds expression in four critical environmental positions that set the stage for the further elaboration of a critical environmental law. La cuestión de si nosotros, como seres humanos, debemos seguir siendo espectadores del gran teatro de la catástrofe ecológica o convertirnos en actores es una dicotomía falsa. En este artículo se sostiene que ambos son necesarios, ya que la distancia crítica del espectador no anula la necesidad de una inmersión en el continuum ecológico. Una herramienta para la realización de esto es el concepto de vulnerabilidad, que aquí se concibe como un espacio 'intermedio' (en oposici

Environmental Protection and Value Creation

Directory of Open Access Journals (Sweden)

Faizah Darus

2016-01-01

Full Text Available The managers of corporations can play a significant role to protect the natural environment. This study aims to examine the environmental disclosure of 200Shariah compliant companies for 2013 and the subsequent effect of such disclosure for the organizations. The results of content analyses of the annual reports revealed that managers from the Plantation industry disclosed more environmental information. The regression analysis revealed a significant relationship between environmental information provided and the subsequent value created for the organizations. The findings of the study can help managers to position better their environmental strategy to enhance the overall value of their organizations.

Sustainable Development, Moral Law and Legality in Defense of Cultural and Landscape Heritage

Directory of Open Access Journals (Sweden)

Giampaolo Maria Cogo

2017-07-01

Full Text Available Moved by Pope Frances’ urgent call to protect our common home by dealing with the environmental challenge and its human roots to achieve sustainable and integral development, the historical-legislative and institutional recognition act was drawn up on the protection and valorization of cultural-landscape-environmental heritage, matrix of the progress of civilization outlined in the fundamental principles of the Italian Constitution in the “cultural programme” focused on the relationship between cultureperson and environment-person. It recalls the action of the institutions to protect nature and the ecological-environmental balance and the activities of international organizations to safeguard nature from human actions. They are a sign of the critical issues of codification in the field of cultural, landscape and environmental heritage (2006-2009 due to a departure from natural legal right (jus envisaged as a moral law for enjoyment, compatible with a loving, responsible and prudent use, aimed at guaranteeing an integral sustainable development for future generations. In losing the natural moral law, one encounters the decisive factor in the fall of legality, with serious consequences for heritage protection and people’s growth, based on shared standards. A glimmer of hope can be discerned in the community/EU legislation to harmonize the protection and valorization of the environment according to criteria of substantive law, where the primary aims for the guarantee of future generations lead to regulatory processes anchored to the ethics of natural moral law, under the bulwark of true cooperation and good faith, in a strict justicial and sanctioning system, tempered by the use of fairness when the general interest of the common good prevails.

Environmental Regulation and Food Safety: Studies of Protection ...

International Development Research Centre (IDRC) Digital Library (Canada)

Environmental Regulation and Food Safety: Studies of Protection and Protectionism. Book cover Environmental Regulation and Food Safety: Studies of Protection and Protectionism. Directeur(s) : Veena Jha. Maison(s) d'édition : Edward Elgar, IDRC. 1 janvier 2006. ISBN : 184542512X. 250 pages. e-ISBN : 155250185X.

Practical approach to environmental protection in the exploration and production industry

International Nuclear Information System (INIS)

Emmons, L.N.

1994-01-01

Environmental protection is a major issue throughout the world. Effective environmental protection techniques exist that are simple, creative, practical, and often cost effective. The cornerstone of cost effective environmental protection is an environmental management system. Various techniques are also available for reducing wastes, minimizing spills, remediating soils, reducing air emissions, and protecting groundwater and surface water in exploration and production operations

The environmental problems in urban communities and the protection of the environment in Korea.

Science.gov (United States)

Kim, I K

1994-07-01

Korea's urban environmental problems, specifically air and water pollution, government environmental policies, and the role of nongovernmental organizations (NGOs) in protecting the environment are described and discussed. Korea's rapid industrialization and urbanization between 1961 and 1985 led to an increased volume of waste and air pollution. Automobiles increased in number from 29,234 in 1961 to 1,113,430 in 1985. In the same period, the number of factories with at least five employees rose from 15,204 to 44,037. The volume of chemical materials and agricultural chemicals dramatically increased. Household wastes in urban areas increased from 26,831 tons per day in 1978 to 61,072 tons per day in 1985. Industrial waste rose from 13,130 to 33,349 tons per day in 1985. Respiratory diseases are precipitated by exposure to sulphur dioxide, which is produced during cooking and heating with coal briquets; to nitrogen dioxide from automobile exhaust; and to carbon monoxide from coal briquets. Indoor air pollution from particles such as radon, asbestos, cigarette smoke, fungus, and bacteria also impacts on health. Tolerance limits have been reached or surpassed in many cities, particularly in Seoul. Air pollution is worse during the winter. The poor are particularly affected because of the continued use of coal briquets for heating. Industry contributes to water pollution. The volume of industrial waste water quadrupled between 1980 and 1990. In Seoul, however, population size directly contributes to 64.3% of water pollution, and the remaining 35.2% is from factories. Although livestock contributes to only 0.5% of water pollution, livestock drainage contributes to 36.3% of chemical materials in polluted water. Biological oxygen demand has also exceeded tolerance limits. Water reservoirs contain toxic chemicals such as lead, copper, mercury, arsenic, phenol, phosphorus, and nitrogen, which take a longer time to affect health. The Anti-Pollution Law of 1963 and the

Managing Marine Litter: Exploring the Evolving Role of International and European Law in Confronting a Persistent Environmental Problem

Directory of Open Access Journals (Sweden)

Arie Trouwborst

2011-06-01

Full Text Available The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.

Managing Marine Litter: Exploring the Evolving Role of International and European Law in Confronting a Persistent Environmental Problem

Directory of Open Access Journals (Sweden)

Arie Trouwborst

2011-06-01

Full Text Available  The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.

Administrative and economic tools of environmental protection

OpenAIRE

Staničová, Anna

2010-01-01

This diploma thesis deals with administrative and economic instruments of environmental protection, which represent the most important groups of instruments of environmental protection. Administrative and economic instruments are means and methods that affect human behavior in relation to environment. The thesis is systematically divided into two main parts and each of them is subdivided into chapters and subchapters. The first part of the thesis is focused generally and provides overview of ...

Law of the Republic of Belarus about radiation protection of the population

International Nuclear Information System (INIS)

1998-01-01

Law of Republic of Belarus about radiation protection of the population determines bases of legal regulation in the field of guarantee of radiation protection of the population and is directed on creation of conditions for protection of life and health of the people from harmful influence of ionising radiation. The law contains the following mail articles: Legal regulation in the field of guarantee of radiation protection; Principles of guarantee of radiation protection; Measures for guarantee of radiation protection; Functions of the state in the field of guarantee of radiation protection; System of the executive authority bodies in the field of guarantee of radiation protection; The state programs in the field of guarantee of radiation protection; State standardisation in the field of guarantee of radiation protection; Licensing of activity in sphere of handling with ionising radiation sources; Industrial control for guarantee of radiation protection; Estimation of a condition of radiation protection; Duties of the user for guarantee of radiation protection at handling with ionising radiation sources; Guarantee of radiation protection at influence of radon and gamma - radiation of natural radioisotopes; Guarantee of radiation protection at production of foodstuff and usage of drinking water; Guarantee of radiation protection of the citizens (patients) at a medical irradiation; Control and account of individual irradiation dozes; Protection of the population and workers (personnel) from radiation accident; Duties of the user of ionising radiation sources for guarantee of radiation protection at radiation accident; Standardisation of irradiation of the citizens attracted for liquidation of consequences of radiation accidents; Right of the citizens of Republic of Belarus, foreign citizens and persons without citizenship for radiation protection; Right of the citizens and public associations on receiving of information; The public control for guarantee of radiation

Protection of honour and dignity in criminal law

OpenAIRE

Diāna Hamkova

2009-01-01

Annotation As it is not possible to analyze categories „honour” and „dignity” only from one point of view, the research is made in philosophical, legal and bioethical aspects. Legal analysis of corpus delicti – defamation and demeaning of the dignity is made in the research, as well as nuances of protection of honour and dignity in criminal and civil law are analyzed. In order to reach the objective of the research wide range of international regulations is dealt with as well as comparativ...

75 FR 18831 - National Environmental Justice Advisory Council; Notification of Public Teleconference and Public...

Science.gov (United States)

2010-04-13

... Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice... liaisons to the Tribal Operations Commission and the Children's Health Protection Advisory Committee School... ENVIRONMENTAL PROTECTION AGENCY [FRL-9136-1] National Environmental Justice Advisory Council...

Manual of plant producers and services in environmental protection. Database in the field of environmental protection

International Nuclear Information System (INIS)

Serve, C.

1992-01-01

On the basis of an enquiry, the Stuttgart Chamber of Industry and Commerce produced a database of the services offered by regional and supraregional companies in the field of environmental protection. The data are presented in this manual, classified as follows: noise protection systems; sanitation systems and services; other systems and services. (orig.) [de

The Idea of Sustainable Development to Reconcile the Environmental and Intellectual Property Protection of Plants

DEFF Research Database (Denmark)

Gebreselassie, Abeba T.

2010-01-01

Sustainable development calls for environmental sustainability, economic sustainability and socio-political sustainability.The concept of sustainable development is enshrined in a number of global and regional treaties, declarations, and reports such as the Brundtland Commission Report, the Rio...... Declaration, Agenda 21, the Millennium Development Goals[MDGs], the Johannesburg Declaration and the Johannesburg Plan of Implementation, and the 2000 Cotonou Agreement between African, Caribbean and Pacific States and the European Union [the Cotonou Agreement]. The purpose of this Article is to integrate...... in the following sections shows, the successful implementation of the CBD partly depends on the cooperation of other states and that there is thus a need for an international integration of environmental protection into development laws, policies and programs. Second, the intersection between the CBD...

Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

Science.gov (United States)

Fa, L. N.

2017-11-01

Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.

The Legal Regime of Nuclear Power Satellites-A Problem at the Cross-Roads of Nuclear Law and Space Law

International Nuclear Information System (INIS)

Courteix, S.

1992-01-01

The number of nuclear-powered satellites rises constantly and, recalling the fear generated by the crash of the Cosmos 954 satellite, the author points out that radioactive debris falling on earth could represent as great a hazard as accidental releases of radioactive material from land-based nuclear installations. Such satellites, therefore, can be governed by both space law and nuclear law. On the basis of international conventions applicable in the two fields and also with reference to the Law of the Sea and environmental law, the article analyses preventive and radiation protection measures as well as emergency plans and also raises the problem of liability and compensation for damage. (NEA)

Amendments to ordinances in Radiation Protection Law; Novellierung der strahlenschutzrechtlichen Verordnungen

Energy Technology Data Exchange (ETDEWEB)

Heller, W.

2007-05-15

The last major reform of the German Radiation Protection Ordinance took place on July 26, 2001. The 'First Ordinance Amending Ordinances in Radiation Protection Law' now proposed is to cover primarily the necessary changes and supplements resulting from experience in the execution of the ordinances. They mainly relate to these issues: (1) the scope of application of the Radiation Protection Ordinance and of the x-ray Ordinance in medical research (2) the scope of application of the Radiation Protection Ordinance and the -ray Ordinance in unjustified types of activities (3) electronic communication ('e-government') (4) changes in the provisions about permits and announcements in the Radiation Protection Ordinance (5) new clearance levels in the Radiation Protection Ordinance (6) cross-border transports of 'NORM' materials (7) other changes in the scope of application of the Radiation Protection Ordinance (8) other changes in the x-ray area. (orig.)

Liability settlement after breach of Permanent Preservation Area laws for protection of native vegetation

Directory of Open Access Journals (Sweden)

Ana de Castro Schenkel

2016-02-01

Full Text Available Forest management policy is not a new concept in Brazil; such laws have been in place since the beginning of the imperial period, including the Forest and Water Code of 1934 and the New Forest Code of 1965. Forest codes prohibit the clearing of vegetation in specific areas, such as steep slopes and river margins. This study evaluated implementation of the Environmental Adjustment Program in the Florianópolis region. We used as references standards from the program itself, as well as information derived from government agency and NGO databases. Three years after the effective date of Law 12.651, many of the stated requirements have not yet been implemented and the proposed deadlines are being ignored by the Union. Under the provisions of the law, farmers that have cleared land in excess will have to replant, which can potentially result in reforestation of about 30 million ha. However, difficulties enforcing the new law continue, creating an expectation of impunity for those planning involvement in future deforestation activities. This analysis concludes that without pressure from civil society, Federal Law 12.651/2012 may be revoked due to lack of compliance. The public should be better informed of the law, and of the extent to which environmental preservation can affect daily life.

Implications of the Law of the Sea Convention

International Nuclear Information System (INIS)

Brewer, W.C. Jr.

1989-01-01

This paper reports that protection and preservation of the marine environment from wastes and toxic substances was an early concern of the Third United Nations Conference on the Law of the Sea, and the subject is extensively dealt with in the text of the Convention, adopted on 30 April 1982. The environmental provisions of the Convention are intended to serve as an umbrella treaty that states general goals, delimits the power and geographical jurisdiction of states in dealing with environmental problems, and requires states to cooperate through regional and global organizations in the development of standards. The most complex provisions of the environmental text deal with vessel discharges, reflecting the high degree of public interest in oil pollution, whereas the ocean dumping provisions rely largely on the standards of the London Dumping Convention. Pollution carried by air and rivers and wastes from seabed mining within national jurisdiction are treated briefly. The International Seabed Authority, created elsewhere in the Convention to regulate seabed mining, is granted power to regulate pollution from such mining beyond national jurisdiction. Overall, the most important contribution made by the Law of the Sea Convention to the protection of the marine environment is the obligation of states to bring national marine pollution laws up to global standards

An area of protection around nuclear facilities - questions at issue in atomic law and law concerning the protection against nuisances. Pt. 2

International Nuclear Information System (INIS)

Blickle, D.

1973-01-01

The necessity for an area of protection around nuclear facilities could originate from the need to protect these facilities against outside effects. Danger to nuclear facilities can only threaten from a few industries which are of a dangerous nature. In order to keep away these industries there is no need for an area of protection around the nuclear facilities. It would be sufficient to consider in the licensing procedures, according to the trade regulations, that the close proximity of nuclear facilities can present a danger of a special kind, whereby the standards of the nuclear licensing procedures are to be applied. In this context it would be permissible, too, to make bigger demands on the safety requirements than requested by the trade regulations solely. Furthermore, the need to keep away human settlements from the area with nuclear facilities without creating an area of protection can be complied with area planning by interpreting the laws of area planning in such a way that subsequent planning which would increase the risks can be rejected. In any case, poltical clarification of this point seems to be necessary. (orig./LN) [de

Underage drinking: does the minimum age drinking law offer enough protection?

Science.gov (United States)

Green, Rivka; Jason, Hannah; Ganz, Debora

2015-05-01

Underage drinking is a significant problem in the US. It is responsible for several thousand mortalities and fatalities each year, both among minors and other members of society. Additionally, underage alcohol consumption produces a severe economic burden in the US. Introduction to alcohol in youth poses serious long-term risks for adolescents, including occupational, educational, and psychosocial impairments, and increases the risk for developing alcohol abuse disorders in adulthood. In order to address and mitigate this problem, the US has set a minimum age drinking law of 21 in all 50 states, and has implemented several supplementary laws limiting the possession and consumption of alcohol. Though these laws have successfully reduced underage drinking, several additional strategies are noteworthy, including preventative and intervention efforts incorporating environmental, individual, communal, and parental factors. The following literature review describes these concepts as they relate to underage drinking laws in the US. Directions for future research, interventions, and ongoing challenges related to the minimum drinking age in the US are also discussed.

Economic growth - environmental protection - quality of life

International Nuclear Information System (INIS)

Kumm, J.

1975-01-01

This is an investigation into the assumption that uncontrolled economic growth puts a burden on the natural environment and lowers the quality of life. This analysis of the natural, technical, economic, and social environment answers the following questions: 1) which development will production and consumption take up to the year 2000; 2) extent of environmental burden to be expected as a result thereof; 3) influence of needs and valid standard of values thus prevailing; 4) administrative measures for environmental policies; 5) influence of environmental policies on the quality of life; 6) possibility of economic growth while the natural environment is sufficiently protected at the same time. The man-environment model presented elucidates the interrelations between economic development and the natural and social environment; it checks the effectiveness of alternate environmental protection measures. (HP) [de

Parenting and the workplace: The construction of parenting protections in United States law

OpenAIRE

Eichner Maxine

2008-01-01

Abstract In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is ab...

[Impact of the Spanish smoking laws on the exposure to environmental tobacco smoke in Galicia (2005-2011)].

Science.gov (United States)

Pérez-Ríos, Mónica; Santiago-Pérez, María Isolina; Malvar, Alberto; Jesús García, María; Seoane, Bernardo; Suanzes, Jorge; Hervada, Xurxo

2014-01-01

Prevalence of exposure to environmental tobacco smoke is a valuable index to assess the impact of the laws for tobacco control. The objective of this work is to analyse variations in the prevalence of exposure to environmental tobacco smoke in Galicia (Spain) between 2005, before the Law 28/2005, and 2011, after the law 42/2010. Data were obtained from five population-based independent cross-sectional studies, telephone surveys, developed in Galicia between 2005 and 2011 among population aged 16 to 74 (n=34.419). Self-reported exposure among population aged between 16 and 74 was analysed by setting and tobacco consumption by prevalence with 95% confidence intervals. Environmental tobacco smoke exposure decreased dramatically in Galicia between 2005 and 2011. In 2005, before the Law 28/2005, 95% of the population reported exposure to environmental tobacco smoke compared to 28% in 2011, after the Law 42/2010. Decrease was greater in workplaces in 2006 and in leisure time venues in 2011. After an initial decrease in 2006, exposure at home remains unchanged. An important reduction in self-reported exposure to environmental tobacco smoke occurred in Galicia in the period 2005-2011, specially after the introduction of Laws 28/2005 and 42/2010. Nevertheless, one in four of the population aged 16 to 74 remained exposed in 2011. Copyright © 2013 SESPAS. Published by Elsevier Espana. All rights reserved.

Basic environmental questions concerning lawsuits of neighboring power plant dwellers

International Nuclear Information System (INIS)

Berger, U.G.

1982-01-01

In conjunction with the constellation of lawsuits within the administrative court system, and based on modern environmental protection laws, emission control laws, and foremost, the atomic energy laws, we are confronted with a variety of constitutional and administrative problems. However, the fundamental questions of individual rights within the potentially incriminating environmental utilization or exploitation by individuals could be relatively clearly answered by observing the basic principles of our legal order. It is to be expected that the administrative courts will arrive at acceptable decisions reflecting the full protection of the law and the basic constitutional principles, and that these - once made - may serve as orientation in superior court actions. (orig./HSCH) [de

New environmental criminal law, effects and enforcement in practice; Neues Umweltstrafrecht und betriebliche Praxis

Energy Technology Data Exchange (ETDEWEB)

Knopp, L.

1994-11-20

Since the November 1, 1994 a more comprehensive and clearly tighter environmental criminal law is in force. With the amendment of the law defects and gaps of the previous environmental criminal administrative offence law are to be closed in order to imporve also the efficient flight against behaviour or measures which are detrimental or harmful to the environment. The author explains the most important new regulations and shows the effects of the enforcement of the law in practice. (orig.) [Deutsch] Seit 1.11.1994 gilt ein erweitertes und deutlich verschaerftes Umweltstrafrecht. Mit der Gesetzesnovelle sollen Luecken und Maengel des bislang geltenden Umweltstraf- und Ordnungswidrigkeitenrechts beseitigt werden, um damit zugleich eine wirksamere Bekaempfung umweltschaedlicher und umweltgefaehrlicher Handlungen zu verbessern. Der Autor gibt einen Ueberblick ueber die wichtigsten Neuregelungen und zeigt die Auswirkungen fuer die betriebliche Praxis auf. (orig.)

On environmental problems in Poland

International Nuclear Information System (INIS)

Hinkel, H.; Kenez, C.J.

1987-01-01

The book contains articles by five authors on the following subjects: General literature in German and Polish language on environmental problems in Poland; legal issues of environmental protection - laws for the protection and development of the environment; environmental health hazards - hazards at work; protection of the sea environment in the region of the Baltic Sea - pollution of the Baltic Sea; the water situation in Poland - the large-scale project 'Weichsel 2000'; the ecological situation of the lakes of Masovia; air pollution and its effects - the dying of Silesian forests; Chernobyl and the Polish reaction; the 27 ecologically endangered areas in Poland. (HSCH) [de

Reports from the Bavarian Office for Environmental Protection (4)

International Nuclear Information System (INIS)

1991-01-01

This issue, No. 108, contains the 1990 annual report of the Bavarian Environmental Office, as well as contributions on the subjects of environmental protection, radiation protection, noise abatement, waste management and conservations. Several contributions have been recorded separately in this database. (BBR) [de

Environmental protection and employment: the link for a worthwhile future

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-12-31

Driven by increasing environmental awareness as well as numerous environmental policy measures, the market for environmental goods has expanded over the last few years, bringing a growing number of jobs. A study of leading German economics research institutes shows that the employment effects of environmental protection have attained considerable dimensions, with nearly a million jobs in 1994 alone, with the service sector being the main beneficiary. And of particular importance: In terms of both population and economic performance, the new Laender are in a better position than the old Laender (the former FRG states) in respect of environmental jobs. In the new Laender important impulses towards creating and safeguarding jobs have emerged from environmental clean-up and development. The concern of this publication is not to promise a job-creation miracle by means of environmental protection alone. Nor is it a matter of legitimising environmental protection in terms of employment policy, for environmental protection does not require employment policy for legitimisation. Rather, the paper wants to provide up-to-date background information to point out the synergies between environmental and employment objectives. It also presents fields of activity which can be helpful to address both environmental and employment policy problems. I do hope that this study can provide some incentives for further action. (orig.)

Comparing child protective investigation performance between law enforcement agencies and child welfare agencies.

Science.gov (United States)

Jordan, Neil; Yampolskaya, Svetlana; Gustafson, Mara; Armstrong, Mary; McNeish, Roxann; Vargo, Amy

2011-01-01

This study examines the comparative effectiveness of using law enforcement agencies for child protective investigation (CPI), in contrast with the traditional approach of CPI conducted by the public child welfare agency. The analysis uses 2006-2007 data from a natural experiment conducted in Florida to show modest differences in performance and cost-efficiency between the two approaches to CPI. These findings may have implications for other states considering outsourcing CPI to law enforcement.

EUROPEAN POLICY CONCERNING THE PROTECTION OF THE QUALITY OF THE ENVIRONMENTAL FACTOR - WATER

Directory of Open Access Journals (Sweden)

FLORICA BRASOVEANU

2012-05-01

Full Text Available European Union environmental policy, as was established in the EC Treaty aims at ensuring environmental sustainability activities through its inclusion in EU sectoral policies, by developing measures to prevent by following the basic principles of sustainable development and by taking joint responsibilities. Environmental legislation is one of those tools that combine management of natural resources with the prevention and control of the pollution. These laws attempt to prevent, or at least limit the effects of environmental degradation caused by the phenomenon of pollution. Environmental legislation should primarily be flexible in the sense to allow the fulfillment of current and the future goals in order to stimulate sustainable development concept and to base on general criteria for the purposes of allowing the extension to complex environmental problems. The environmental legislation is due to focus on integrating the source - effect policy, that is to focus on regulations for issuing permits for pollution, but also the responsibility of companies and citizens.Despite the significant improvements that have occurred especially in reducing air and water pollution, European legislation should be developed further. It is true that there are still many points that require completion and perfection, but the path followed is the best. In the European Union the process of implementation and adoption of new regulations on environmental protection (regulations, directives, decisions,recommendations to combat the causes of degradation of environmental quality and life quality time with them continues.

Decree No. 200 Of infringements on environmental

International Nuclear Information System (INIS)

1999-01-01

The present Decree establishes violations applicable to the environment without prejudice to existing or which may be established with respect to certain sectors of environmental protection. The system of administrative measures regarding environmental protection that this Decree-Law provides, including natural and legal persons or foreign nationals who commit misdemeanors that are punishable by this standard.

Inequality, Environmental Protection and Growth

NARCIS (Netherlands)

Marsiliani, L.; Renstrom, T.I.

2000-01-01

Why do Scandinavian countries perform better in terms of environmental protection than other European Union countries? In this paper, we explore the hypothesis that societies characterised by low income inequality (such as the nordic European countries) generate political-economic equilibria where

FASSET - An European project for environmental protection

International Nuclear Information System (INIS)

Bruchertseifer, F.

2003-01-01

The European research project ''FASSET'' (Framework ASSessment of Enviromental ImpacT) will provide a framework of the environmental impact of the effects of ionising radiation and will identify protection aims for the environmental protection. This project represent a collaboration of different organisations from the European community: Sweden, Norway, Finland, Great Britain, Spain, France and Germany. The German participants are the GSF-research centre for environment and health and the German radiation protection office. The project is founded by the 5 th EC research programme. The existing national and international radiation protection regulations are focused to the humans. Other species, like plants and animals, are protected indirectly, if their habitat are close to urban areas or they represent a part of the food chain. The ICRP position ''if the man is protected, nature is protected as well'' is now under reconsideration by a ICRP-Taskgroup. The identification of perilled real reference organism by the FASSET-project is an working tool for the definition of the protection aims. For that purpose the project is divided into three working packages: dosimetry, exposure pathways and effects. Another working package is responsible for the developing of the concept using the results provided by the other working packages. (orig.)

The new radiation protection law. Exposure scenarios and disposal; Das neue Strahlenschutzrecht. Expositionssituationen und Entsorgung

Energy Technology Data Exchange (ETDEWEB)

NONE

2017-07-01

The proceedings of the meeting (October 2017, Hannover) on the new radiation protection law includes abstracts concerning the following sessions: actual development in radiation protection jurisdiction, implementation of the EU basic safety standards (BSS) in Europe, planned exposure scenarios, existing exposure scenarios, emergency exposure situations, final radioactive waste disposal, education, radon, radiation protection issues, statistics, medical radiation exposure.

Is the State of Indonesia In Charge to Provide Law Protection to the Indonesian Migrant Workers ?

Science.gov (United States)

Rahayu, D.

2018-01-01

Right to work is assured in the regulation of 1945 Constitution (amendment) Article 28 D Clause (2) mandating that every person deserves to work and in return they get wages, fair and proper treatment in the relation of employment. Working as migrant worker is accessible job opportunity, especially to people who have low education and skill with promising income. Many case facedto the migrant worker. It is necessary to analyze how the state’s position in providing protection to its citizens experiencing problems overseas. Country has the right to protect its citizens overseas and to intervene diplomatically. It cannot provide direct protection because if there is a criminal act committed by Migrant Worker of Indonesia, then the applicable law is the law of country where the Migrant Worker works. The actual protection is to make bilateral agreements with the destination country. Law No 39 Year 2004. Article 77 regulates the right to obtain protection from pre-placement, placement period to post-placement. Employment or the right to work is one of human rights that is the right to social freedom, namely the right to meet the basic needs. Regarding the legal protection for women migrant workers, the relevant human rights theory used is the natural rights theory because the right to work in this case is the right that every human being possesses

The Treaty of Lisbon and European Environmental Law and Policy

NARCIS (Netherlands)

Vedder, H.H.B.

2010-01-01

This contribution analyses the effects of the entry into force of the Treaty of Lisbon for European environmental law and policy. The central conclusion is that, apart from the new numbering and some new names for procedures and institutions, this does not entail any major changes. The new Energy

Data protection for the digital age: comprehensive effects of the evolving law of accountability

Directory of Open Access Journals (Sweden)

Nina GUMZEJ

2012-12-01

Full Text Available The law of personal data protection has for years been lagging behind technology, which is evolving propulsively and with high speed. A number of new challenges arising from the post-modern digital age have been identified for rights and freedoms of individuals with respect to processing of their personal data and thus a need for adapting the relevant legal-regulatory regime and ensuring a workable and systematic data protection system for the third millennium. After examination of the current legal framework and supporting systems at the level of European Union law, this paper focuses on recently proposed reforms. Proposed new EU legal-regulatory regime towards a potent data protection ecosystem is strongly supported by stricter accountability of those who are responsible for personal data. As one of the core legal principles supporting the new regime, accountability denotes, in a nutshell, a number of legally enforceable duties to implement and verify measures and procedures that can ensure operative and demonstrable data protection compliance. Selected highlights of the proposed accountability measures are therefore examined in this paper and arguments provided for a shift towards organizational data protection management and governance already today.

Environmental impact studies of projects be licensed under the Atomic Law

International Nuclear Information System (INIS)

Heuel-Fabianek, Burkhard; Lennartz, Reinhard

2009-01-01

The German Law on Environmental Impact Assessment (UVPG) defines projects to be licensed under the Atomic Law that require an environmental impact study (EIS). Since the project concepts as defined in the UVPG are often not the same as those defined in the Atomic Law (AtG), the licensing authority has to decide which project should be subjected to an EIA. Additionally, Article 37 of the EURATOM Treaty obliges every Member State to communicate certain data relating to the impact of emissions of radioactive substances to the Commission. This is independent of the EIA. A licence may only be granted by the competent authorities if an opinion has been received from the Commission pursuant to Article 37. In either case, the licensing authority is the first point of contact for the applicant if the question arises of whether a project has to be subjected to an EIA. A ''voluntary'' EIA should be regarded with caution because of the complexity of such a procedure within the licensing process requiring considerable resources of time and manpower, and the danger of a loss of credibility of the EIA. (orig.)

Effectiveness Of Implementation Of Corporate Social Responsibility (CSR) In The Environmental Law Enforcement

OpenAIRE

Irwansyah; Gianto; Andi Syahwia

2016-01-01

Development in Indonesia refers to the concept of sustainable development (sustainable development ) and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility ) is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . T...

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

THE PLACE OF ENVIRONMENTAL PROTECTION IN THE ...

African Journals Online (AJOL)

GTP to advocate better environmental protection in the country in the years ..... energy sector implies, inter alia, using clean energy such as solar and wind ..... accelerate growth; creating the balance between economic development and .... Establishment Proclamation No 575, and Radiation Protection Proclamation No 571.

Evolution of Italian environmental normative on cogeneration and application of Law 10/91

International Nuclear Information System (INIS)

Piancastelli, E.

1992-01-01

From the Proceedings of the FIRE (Italian Federation for the Rational use of Energy), December 12 - 13, 1991, meeting, separate abstracts were prepared for 2 papers. The main topics were: the planning criteria that went into the formulation of the incentives made possible through Italian legislation on cogeneration plants for on-site power generation and the response obtained from small, medium and large industrial firms; the evaluation of cogeneration plants for on-site power generation to allow prospective cogeneration plant owners to build energy/cost efficient plants and to be able to make a proper assessment of eligible financial assistance which may be obtained through the provisions of energy conservation/environmental protection normatives and laws set up by the Italian National Energy Plan; and the determination of optimal contracts with ENEL (the Italian National Electricity Board), especially for the case of excess power to be ceded to the national grid

24 CFR 50.3 - Environmental policy.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Environmental policy. 50.3 Section... Development PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY General: Federal Laws and Authorities § 50.3 Environmental policy. (a) It is the policy of the Department to reject proposals which have significant adverse...

Human Rights and the Environmental Protection: The Naïveté in Environmental Culture

Directory of Open Access Journals (Sweden)

Made Adhitya Anggriawan Wisadha

2018-05-01

Full Text Available There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.

[The protection of health in law enforcement].

Science.gov (United States)

Pira, Enrico

2014-01-01

Herein the question of health protection/safety and well being in the Law Enforcement is introduced and includes examples of some particular risk conditions that may be multiple and polymorphous. Not only the "traditional" sources are involved in these risks, like chemical, physical and biological agents, but other issues emerge in these "new scenarios" connected to risk factors involving organization and/or psychosocial elements. From this, we may deduce that there is a specific need for all the operators involved in prevention/care in this particular sector to be well versed on the highest possible updated specialized knowledge along with having a complete and thorough mastery of the best practices in Occupational Medicine to face this task in the correct manner:

Climate engineering field research : The favorable setting of international environmental law

NARCIS (Netherlands)

Reynolds, J.L.(Jesse)

2014-01-01

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering

Civil Liability for Environmental Damages

Directory of Open Access Journals (Sweden)

Daniela Ciochină

2012-05-01

Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

The promotion and control functions of atomic energy law

International Nuclear Information System (INIS)

Roser, T.

1998-01-01

The question about the purpose of atomic energy law may sound superfluous in Germany, a country where a highly differential legal framework for the peaceful utilization of nuclear power has existed for nearly 40 years in the Basic Law, the Atomic Energy Act, and its ordinances, and a comprehensive body of case laws. Yet, it is justified in view of the declared intention of the German federal government to establish an environmental code into which atomic energy law, hitherto an independent branch of the law, would be integrated, and it is justified also in view of persistent complaints that the present rules and regulations stifled investment activities. A look into some codes of law may help answer the question. Already in 1959, the authors of the Atomic Energy Act outlined the purposes of the legislation in relatively clear terms in Section 1. Besides the two foreign policy aspects of security and loyalty under treaties, which do not concern us in this connection, the key purposes of atomic energy law are stated there as promotion and protection. The protection purpose, which implies the need to protect life, health, and property from the hazards of nuclear energy and harmful effects of ionizing radiation, ranks second in the Act. In accordance with the ruling in 1972 of the Federal Administrative Court, however, it should rank at the top. (orig.) [de

Environmental penal law - sword of Damocles above public officials?

International Nuclear Information System (INIS)

Fuehren, K.H.

1987-01-01

An office-holder is subject to punishableness according to art. 324 seq. Penal Code under the same conditions as a citizen. If the office-holder does not intervene in case of environmental delicts, the omission of a required measure is concerned. The constitutional supplement of art. 20 Fundamental Law will have for consequence a further aggravation of the punishableness of office-holders. (CW) [de

PESTEL Model Analysis and Legal Guarantee of Tourism Environmental Protection in China

Science.gov (United States)

Zhiyong, Xian

2017-08-01

On the basis of summarizing the general situation of tourism environmental protection in China, this paper analyses the macro factors of tourism environmental protection by using PESTEL model. On this basis, this paper explores the improvement paths of tourism environmental protection based on PESTEL model. Finally, it puts forward the legal guarantee suggestion of tourism environment protection.

Recent developments in environmental protection in India: Pollution control

Energy Technology Data Exchange (ETDEWEB)

Govind, H [NOIDA, Disst, Ghaziabad, Pin (IN)

1989-01-01

In India, pollution and environmental degradation have reached alarming dimensions due to poverty, deforestation, industrial development without adequate environmental safeguards, and sheer greed. Fortunately, public concern, rooted in the country's past, has revived. Major pollutants and critically affected areas have been identified. Pollution control of water, air and land has been established by both official and private organizations and the work on environmental protection is steadily growing. The Ganga purification plan is a representative case study. Poverty alleviation is a long-term process. It is India's major problem and is being tackled with help from private enterprise and by international assistance. Simultaneously environmental protection through pollution control is also receiving administrative and legislative support and fiscal assistance through direct and indirect tax incentives. The country's courts are rendering valuable help to environmentalists by pronouncing far-reaching decisions in public-interest litigation. To boost the existing environment-protection movement, greater emphasis is urgently needed for environmental education, peoples' participation, population control, and cost-effective pollution control measures.

Forms of the cooperation principle in environmental law in the Federal Republic of Germany. Formen des Kooperationsprinzips im Umweltrecht der Bundesrepublik Deutschland

Energy Technology Data Exchange (ETDEWEB)

Mueggenborg, H J

1990-01-01

The cooperation principle is not a legal principle, as in the case of the social state principle or the principle of the democratic constitutional state. In order that the cooperation principle may not degenerate to cheating and accompliceship, legal limitations are necessary. Work on this subject from the point of view of legal science has started late. The contribution investigates the various forms of the cooperation principle: Technical control boards as instruments to relieve the state; committees under private and public law for setting up technical standards, advisory bodies of public administration; organized hearings; environment protection officers in industry. It also investigates the legal admissibility of concerted actions, advantages and disadvantages, effects on legal protection, legal and actual conditions. - The positive sides of cooperation should succeed in order that environmental protection may profit. (orig./HP).

Environmental improvement with additional instruments for environmental protection in port areas

OpenAIRE

MARINSKI, Jordan; FLOQI, Tania; DROUMEVA, Gergana; BRANCA, Tatiana; VATRALOVA, Albena

2012-01-01

Abstract1. The context analysis of environmental situation in Corridor8 ports shows growing sensibility of the management authorities to the environmental issues and objective difficulties for development of appropriate environmental policies due to the following reasons: the complex legislation which has not found yet the balance between the business interests in sea transport and the environment protection and poor enforcement of the regulations. In order to mitigate the negative impact of ...

Radiological Protection and Environmental Monitoring in Bolivia

International Nuclear Information System (INIS)

MartInez Pacheco, J.

1979-01-01

The paper describes the main activities of the Department of Radiological Protection, Nuclear Energy Commission of Bolivia. The following topics are covered: organization, environmental control of air, water, milk and plants, personal dosimetry, instrumentation and calibration, protection in uranium mines. Standard setting and international cooperation aspects are also presented

Law on protection against ionising radiation and nuclear safety in Slovenia

International Nuclear Information System (INIS)

Breznik, B.; Krizman, M.; Skrk, D.; Tavzes, R.

2003-01-01

The existing legislation related to nuclear and radiation safety in Slovenia was introduced in 80's. The necessity for the new law is based on the new radiation safety standards (ICRP 60) and the intention of Slovenia to harmonize the legislation with the European Union. The harmonization means adoption of the basic safety standards and other relevant directives and regulations of Euratom. The nuclear safety section of this law is based on the legally binding international conventions ratified by Slovenia. The general approach is similar to that of some members of Nuclear Energy Agency (OECD). The guidelines of the law were set by the Ministry of the Environment and Spatial Planning, Nuclear Safety Administration, and Ministry of Health. The expert group of the Ministry of Environment and Spatial Planning and the Ministry of Health together with the representatives of the users of the ionising sources and representatives of the nuclear sector, prepared the draft of the subject law. The emphasis in this paper is given to main topics and solutions related to the control of the occupationally exposed workers, radiation safety, licensing, nuclear and waste safety, and radiation protection of people and patients. (authors)

10 CFR 501.14 - Notice to Environmental Protection Agency.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Notice to Environmental Protection Agency. 501.14 Section 501.14 Energy DEPARTMENT OF ENERGY (CONTINUED) ALTERNATE FUELS ADMINISTRATIVE PROCEDURES AND SANCTIONS General Provisions § 501.14 Notice to Environmental Protection Agency. A copy of any proposed rule or order that imposes a prohibition, order that...

The Russian Federation legislation. The new laws. Prospects for international cooperation

International Nuclear Information System (INIS)

Lebedev, A. YE.

2002-01-01

Survey of the regulatory basis for the international cooperation of the Russian Federation in the area of foreign commercial and research spent fuel management. Analysis of the latest legislative amendments. Complex approach and environmental priorities of the new legislative initiatives (three Federal laws): Amendments to Articles 1, 47 and 64 of the Federal Law on U tilization of atomic energy ; Amendments to Articles 50 of the Federal Law on E nvironmental protection ; The new Federal Law O n Special ecological programs for the clean- up of areas, contaminated by radiation . (author)

Water power and environmental protection

International Nuclear Information System (INIS)

Anshelm, J.

1992-01-01

This study illuminates the first large environmental debate after World War 2: the struggle against the harnessing of the northern Swedish rivers. The fascinating question is raised of how it was possible for an unparliamentary environmental protection movement to make itself heard, and influence the Swedish energy policy, though their arguments were contrary to the outspoken interests of the industry, the trade unions, and the social democratic government. This was the more fascinating because the values the opinion stressed wore of ethic, esthetic, biological, and conservation economical nature

Economic factor environmental protection. Extending analysis according to environmental protection and innovation; Wirtschaftsfaktor Umweltschutz. Vertiefende Analyse zu Umweltschutz und Innovation

Energy Technology Data Exchange (ETDEWEB)

Edler, Dietmar [Deutsches Institut fuer Wirtschaftsforschung, Berlin (Germany); Blazejczak, Juergen [Deutsches Institut fuer Wirtschaftsforschung, Berlin (Germany); Fachhochschule Merseburg (Germany); Walz, Rainer [Fraunhofer Institut fuer Innovations- und Systemforschung (FhG ISI), Karlsruhe (DE)] (and others)

2007-06-15

Within the bounds of a research project, the authors of the contribution under consideration report on an extending analysis according to environmental protection and innovation. The stocktaking and evaluation of more important documents prove that despite the differences in the estimation of individual ranges an international consent insists according to central ecological challenges on global level. The consent covers the following target areas: Climate protection, preservation of the biological variety, water supply including waste water disposal and water protection, health protection. It is to be expected that in the next decades its validity will keep these ecological challenges although defusing or new environmental problems may result in single areas. It is to be expected that due to the world-wide economic development some emphasis of important ecological challenges will shift gradually to developing countries, in particular China and India.

Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

Science.gov (United States)

Wiryani, F.; Herwastoeti; Najih, M.; Haris, A.

2017-04-01

The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.

Competition law and environmental protection : the Dutch agreement on coal-fired power plants

NARCIS (Netherlands)

Kloosterhuis, Erik; Mulder, Machiel

2015-01-01

Agreements between firms to jointly reduce production capacity generally violate competition law, unless specific conditions are met. These conditions imply that the agreements need to realize benefits for consumers that could not otherwise be realised. Together, we call them “efficiency defence.”

Protected areas for environmental sustainability in Nigeria | Imasuen ...

African Journals Online (AJOL)

This paper is focused on protected areas for environmental sustainability in Nigeria. It has examined what protected areas are the meaning, especially as defined by the International Union for the Conservation of Nature (IUCN). A thorough investigation was done to identify the areas that were and are still protected in ...

Competition policy and environmental protection, obstacles to competition in the waste sector

International Nuclear Information System (INIS)

Alanen, J.; Marttinen, K.; Steiner, N.

2000-08-01

This study deals with the legal rules that affect the conditions of competition in the waste sector at both the EU level and national level in Finland. This study describes further, on a more general level, the relation between the EC's internal market rules and competition rules and the actions involving environmental protection taken by public authorities (EG, Member States) and enterprises. Hazardous waste is not studied in this report. The study comprises two parts: The first part deals with the free movement of waste, EG rules on the transportation of waste between Member States, and the specific EG rules and Finnish laws and regulations on waste. The aim of this study has been, on the one hand, to discuss cases where restrictions of competition in the waste sector are a direct consequence of EG rules on waste and, on the other hand, situations where EG rules or the large margin of manoeuvre left with the Member States create problems with a view to a well functioning competition at the national level. Part two deals with the application of EG rules and Finnish competition rules to companies' agreements on actions involving environmental protection and especially waste management, and to their operations in general and, in certain cases, also to the measures taken by Member States. The EG rules on waste do not pay enough attention to competition aspects. The different requirements set by Member States result in distortion of competition while the rules governing the shipments of waste are not effective enough. From the internal market point of view, more binding and detailed rules are motivated. Competition rules are fully applicable to enterprises' measures aimed at environmental protection that restrict competition. Environmental protection aspects in connection with a case-to-case consideration of interests is, however, gaining importance. Those restrictions of competition in the waste sector that EC has dealt with have without exception concerned the

Regulation and decision-making in environmental radiation protection

International Nuclear Information System (INIS)

Larsson, C.M.

2004-01-01

The EC-funded project FASSET (Framework for Assessment of Environmental impact), which completed in 2003, has developed an assessment framework for evaluating the environmental impact of ionising radiation on biota in natural ecosystems. The FASSET framework comprises: source characterisation and initial hazard analysis; ecosystem description and selection of reference organisms (ca 30, with defined geometry and life history); exposure analysis, including conversion of input data to external and internal radionuclide concentrations, and subsequent conversion to dose rates; effects analysis, supported by an effects database; and, guidance for interpretation. The framework provides practical and scientific support to the international development of recommendations for radiological protection of the environment through the International Commission on Radiological Protection (cf. ICRP Publication 91). However, on the basis of experiences from FASSET and other recent developments, it can be concluded that there are challenges remaining before environmental radiological protection can be seen as a natural component of general environmental protection. The major future challenge is the development of an integrated approach where decision-making can be guided by sound scientific judgements. This requires, inter alia, filling in gaps in basic knowledge of relevance to assessment and protection, through targeted experimental, theoretical (including expert judgements) and real case studies; development of risk characterisation methodologies, based on both theoretical and experimental studies; development of screening standards, where appropriate; development of user-friendly assessment tools; and stakeholder involvement, including development of supporting communication strategies. A new EC-funded project, ERICA (Environmental Risk from Ionising Contaminants: Assessment and management), has recently started. The project has four operational work packages, being devoted to

Uranium Mill Tailings Remedial Action Project Environmental Protection Implementation Plan

International Nuclear Information System (INIS)

Vollmer, A.T.

1993-10-01

The Uranium Mill Tailings Remedial Action (UMTRA) Project Environmental Protection Implementation Plan (EPIP) has been prepared in accordance with the requirements of the US Department of Energy (DOE) Order 5400.1. The UMTRA EPIP covers the time period of November 9, 1993, through November 8, 1994. It will be updated annually. Its purpose is to provide management direction to ensure that the UMTRA Project is operated and managed in a manner that will protect, maintain, and where necessary, restore environmental quality, minimize potential threats to public health and the environment, and comply with environmental regulations and DOE policies. Contents of this report are: (1) general description of the UMTRA project environmental protection program; (2) notifications; (3) planning and reporting; (4) special programs; (5) environmental monitoring programs; (6) quality assurance and data verification; and (7) references

Uranium Mill Tailings Remedial Action Project Environmental Protection Implementation Plan

Energy Technology Data Exchange (ETDEWEB)

Vollmer, A.T.

1993-10-01

The Uranium Mill Tailings Remedial Action (UMTRA) Project Environmental Protection Implementation Plan (EPIP) has been prepared in accordance with the requirements of the US Department of Energy (DOE) Order 5400.1. The UMTRA EPIP covers the time period of November 9, 1993, through November 8, 1994. It will be updated annually. Its purpose is to provide management direction to ensure that the UMTRA Project is operated and managed in a manner that will protect, maintain, and where necessary, restore environmental quality, minimize potential threats to public health and the environment, and comply with environmental regulations and DOE policies. Contents of this report are: (1) general description of the UMTRA project environmental protection program; (2) notifications; (3) planning and reporting; (4) special programs; (5) environmental monitoring programs; (6) quality assurance and data verification; and (7) references.

The Protection of Consumer’s Rights and the Application of Criminal Law in the Unlawful Operation of Services and Content Service Application

Directory of Open Access Journals (Sweden)

Edmon Makarim

2012-05-01

Full Text Available Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.

Ethical foundations of environmental radiological protection.

Science.gov (United States)

Oughton, D H

2016-06-01

Assessing the potential ecological impact of ionising radiation raises a number of ethical questions. These include fundamental questions such as what exactly constitutes harming the environment, and how the environment should be valued, as well as links to political protection principles such as sustainability and biodiversity. Starting from developments within ecological risk assessment, this paper summarises some of the ethical issues concerning the protection of the environment from radiation. Chapter 2 gives a brief overview of different philosophical and cultural world views on valuing the environment in a context of radiation risk. Chapter 3 addresses some recent challenges to proposed environmental protection frameworks, including practical applications following the Chernobyl and Fukushima accidents, and some scientific developments such as the ecosystem approach. Finally, Chapter 4 offers some recommendations on how ethical evaluation can help produce a more robust and transparent approach to the protection of the environment. In conclusion, there is a need for a holistic evaluation of the environmental impacts of ionising radiation that not only considers the direct consequences on the health of humans and non-human species, but also the more complex social, ethical, and economic consequences of both human and non-human exposures. © The International Society for Prosthetics and Orthotics.

Environmental Protection Agency - EPA Pub Central

Data.gov (United States)

U.S. Environmental Protection Agency — PubMed Central (PMC) is a full-text, online archive of journal literature operated by the National Library of Medicine. The EPA is using PMC to permanently preserve...

Economic factor environmental protection. Productivity of the German environmental and climate protection industry in international competition; Wirtschaftsfaktor Umweltschutz. Leistungsfaehigkeit der deutschen Umwelt- und Klimaschutzwirtschaft im internationalen Vergleich

Energy Technology Data Exchange (ETDEWEB)

Legler, Harald; Krawczyk, Olaf [Niedersaechsisches Institut fuer Wirtschaftsforschung (NIW), Hannover (Germany); Walz, Rainer; Eichhammer, Wolfgang; Frietsch, Rainer [Fraunhofer Institut fuer System- und Innovationsforschung (ISI), Karlsruhe (Germany)

2006-05-15

The analysis on the economic factor environment and the German environmental industry on international competition is faced to methodological limits, since the environmental industry does not present itself as an homogeneous sector. The study is organized in the following chapters: introduction - the importance of environmental industry; classification of environmental and climate protection industry; productivity volume and production structure; international competition for potential environmental protection products; environmental protection industry and innovative performance. Integrated environmental solutions are of increasing significance, avoiding emissions and products and production process from beginning on. All known forecast indicate an expansive market development. In addition the rising prices for crude oil may push the search for innovative solutions to substitute fossil energy sources. The environmental industry should look for globally transferable solutions in order to promote global sustainable growth.

Thermal power stations and environmental protection

International Nuclear Information System (INIS)

Gerking, E.

1975-01-01

In this book, the advantages of an optimum cooling concept for waters are compared with the disadvantages of an uncontrolled thermal pollution of waters by waste waters from thermal power plants. The book focuses on the problem of the cost of measures for environmental protection which has not yet received a detailed and complete treatment. The author suggests that perfectionist solutions and superfluos measures be abandoned in favour of a far-reaching, efficient environmental protection concept with a low expenditure of fuel and capital. A detailed treatment is given to false conclusions in the present estimations of the effects of thermal pollution of the waters and to the advantages of freshwater cooling and cooling in general. Also discussed are immission problems and attempts at their solution. (ORU/AK) [de

Environmental laws in health care.

Science.gov (United States)

Ruff, G G

1992-11-01

Federal and state regulations regarding the management and disposal of medical waste are currently quite extensive and will only become more comprehensive in the future. The public's heightened awareness and concerns over infectious diseases and discoveries of medical waste on beaches in New Jersey, Alabama, and other states, as well as medical waste being found in open trash bins and at public landfills, has brought to the public's attention the need for governmental intervention into this growing area of concern. Because regulations originating from the local, state, and federal levels have the potential to significantly affect hospitals, it is important that a specific person or department within the organization have a clearly designated responsibility to stay informed and follow up on these regulations. The designated person or department must work closely with the hospital's attorney to make sure that he or she stays current on environmental laws and keeps the institution adequately advised of its legal responsibilities.

International viewpoints on environmental protection: goals and methods