Sections of the site
Editor's Choice:
- Crimping the content of international environmental legal protection
- Kamenka (Penza region) to which federal district belongs to the city of Kamenka
- Russian principalities and land in the XII - XIII centuries
- Charles de Gaulle: Biography and Interesting Facts From the life of Charles de Gaulle Right or left
- Where does the water disappears in the kettle?
- The degree of oxidation (oxidative number, oxidation state) is H2O2 the degree of oxidation
- History of biological research
- Hydrogen Communication All Examples
- Barbaric Encyclopedia: Commod, Emperor Lucius Ely Aureli Commoda Mark Azeri Son
- History of creation and development
Advertising
| Coursework: International Environmental Protection Law. Crimping the content of international environmental legal protection |
|
International Environmental Protection - a relatively new branch of international law, which is a set of principles and norms of international law, which is a special branch of the international law system and regulating its subjects to prevent, restrict and eliminate environmental damage from a wide variety of influencing sources, as well as on rational, environmentally sound use. natural resources. In the rational use of natural resources, the entire world community is interested, as the environmental protection by the efforts of individual states is not only inffective, moreover, it is practically useless. Currently, there are many international organizations in the field of environmental protection - the International Maritime Organization, the World Wild Animal Fund, the World Health Organization, etc. Such a concept as the environment covers a wide range of elements that are associated with the conditions of human existence. They apply to three groups of objects - objects of the natural medium (flora, fauna), objects of an inanimate medium (hydrosphere, atmosphere and lithosphere), near-earth space space and objects created by man. The specificity of the subject of regulation of the corresponding relationships and the volume of regulatory regulation of environmental protection relations make it possible to conclude that in modern international law the formation of a new industry has occurred - environmental rights. The main sources of this right are the Convention: about the protection of migratory animal species 1979; on the protection of biological diversity 1992; on international trade in the species of wild fauna under threat of disappearance, 1973; for reasons and preventing damage caused by forests and water resources as a result of air pollution in Europe, 1984 The main directions of international cooperation in the field of environmental protection - environmental protection and its rational use. Objects are: animal and vegetable world; World Ocean; earth's atmosphere, near-earth and outer space. The principles of environmental protection that manifest itself in international law are divided into basic and special. The main (fundamental) principles include the following principles: territorial integrity of states; cooperation of states; respect for state sovereignty; peaceful resolution of international disputes; international legal liability, etc. Special principles include the following principles: environmental protection for the benefit of current and future generations; environmentally sound rational use of natural resources; prohibition of use in military and any other hostile purposes; principle of protecting environmental systems of the World Ocean; the inadmissibility of the application of transboundary damage; inadmissibility of radioactive infection of the environment. The Convention on the Prohibition of Military or any other hostile use of impacts on the Natural Wednesday, 1977, the Convention on Transboundary Air Pollution of 1979, is held central to the system of protection of the Earth's Atmosphere of the Earth; The Convention on Transboundary Air Pollution of 1979, the UN Framework for Climate Change Relationships in the field of conservation and use of the animal world, as well as in the area of \u200b\u200bconservation and restoration of its habitat in order to ensure biological diversity, the sustainable existence of the animal world, the preservation of the wildlife and animal protection funds and the protection of the animal world are regulated by both universal and bilateral agreements, Most of which our state participates (the Convention on the Protection of World Cultural and Natural Heritage 1972, the Convention on International Trade in Wild Fauna and Flora Trees, 1973, etc.). The conventions determine the objects of the animal world, the procedure for their use, establish measures to protect their habitat, provide forms of state regulation of the use of living resources. International legal protection of the animal and plant world develops in the following main areas. 2. Protection of rare and endangered species of animals and plants. The issues of environmental protection against radiation pollution are governed by the norms of the contract for the prohibition of nuclear weapons testing in the atmosphere, outer space, and under water in 1963, the Treaty on the Non-Proliferation of Nuclear Weapons of 1968, the International Convention for the Protection of Human Life at the Sea of \u200b\u200b1974 and Protocol 1978 G. To this Convention (on the operation of vessels with nuclear power plants), the International Convention on the preparation and certification of seafarers and the carrying of the Watch of 1978, the Convention on Liability In the Area Transportation of Nuclear Materials of 1981, Convention on Nuclear Safety of 1994, other international documents. The Geneva Convention on the open sea of \u200b\u200b1958, in particular, obliges States to take measures to prevent the pollution of the sea from radioactive waste and pollution of the sea or airspace over it as a result of any activity that includes the use of radioactive materials. States are obliged to cooperate with relevant international organizations and take into account all the rules and rules that can be developed by such organizations. The London Convention of 1972 is devoted to the deliberate burial in the ocean of harmful, including radioactive, waste to prevent the pollution of the sea by the discharge of waste and other materials.
International Environmental Protection MechanismsCurrently, environmental protection issues are not limited to the framework of individual countries and regions, and gained global. There was such a situation in the world, when the very development of human civilization puts human survival under a real threat to an ecological catastrophe. Therefore, environmental safety problems can be solved by joint efforts of states and inevitably require international cooperation, joint agreed actions of states and international organizations. The salvation of humanity from the terrible environmental misfortune, the preservation of our civilization should be the global unifying idea. The important basis for the cooperation of states in the field of environmental protection is its international legal regulation. The Federal Law of the Russian Federation "On Environmental Protection" establishes that "The Russian Federation exercises international cooperation in the field of environmental protection in accordance with the generally accepted principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection" (Article 81). Within the framework of modern international law, an independent branch of the right, regulating relations between environmental safety countries on a global scale - International Environmental Law. International Environmental Law (International Environmental Law) is a combination of international legal principles and regulations regulating relations arising between states and other subjects of international law, developing about the rational use and protection of the environment. International environmental protection is carried out on the basis of the following principles:
Based on these principles, the internal and external environmental policy of states should contribute to the provision of national and international environmental law enforcement. International legal principles for environmental protection were formulated in various program documents of international conferences conducted under the auspices of the UN on environmental issues. The first international environmental conference conducted under the auspices of the UN is the Stockholm UN Conference on Environmental Problems, which took place in June 1972 in Sweden. Following this conference, the Declaration of Principles and Action Plan was adopted. These documents received the approval of the UN General Assembly and were the beginning of the UN Regular Program for Environmental Protection. The worldwide Charter of Nature continued to further develop the principles of international environmental law, which was approved by the UN General Assembly and was proclaimed in resolution from October 28, 1988. In June 1992, the UN Conference was held in Rio de Janeiro (Brazil), which adopted the Environmental Declaration and Development. The result of this conference was a global program document containing about 40 sections in areas of activity of the world community in the field of interrelated environmental issues and socio-economic development for the long-term perspective with proposals on paths and means of achieving the goals. The declaration adopted in Rio de Janeiro, the goals of international environmental protection were identified. These include:
In May 2000, the first Global Ministerial Environment Forum was held in Malmo (Sweden) - the sixth special session of the United Nations Environment Program Management Board (UNEP). Following the forum, the Malmenian Declaration of Ministers was adopted on May 31, 2000. In this declaration, the main directions of environmental protection of governments - countries of the participants of the first global environmental forum were formulated. Technical innovations, new resource-saving technologies, developing alternative fuels, the priority of environmental interests on economic and other areas of environmental protection and other areas of environmental protection should be the necessary component of the conservation and restoration program. Russia also participated in this global forum and signed the Declaration of Ministers. The participation of the Russian Federation in this forum was manifested in the adoption of relevant regulatory acts. In particular, in Article 82 of the Federal Law "On Environmental Protection" establishes that "the international treaties of the Russian Federation in the field of environmental protection that do not require the use of publications of domestic acts apply to relations arising from environmental protection activities directly . In other cases, along with the International Agreement of the Russian Federation in the field of environmental protection, a relevant regulatory legal act applies to the provisions of the International Treaty of the Russian Federation. If the international treaty of the Russian Federation in the field of environmental protection has established other rules than those provided for by this Federal Law, the rules of the International Treaty applies. " The main share in solving environmental problems in the world is international environmental organizations. According to legal status, they are divided into non-governmental and intergovernmental. Intergovernmental environmental organizations include:
Along with intergovernmental environmental organizations, non-governmental environmental organizations participate in the protection of world environmental law enforcement. More than 500 such organizations are functioning in the world, the most significant and having resonance in environmental activities are:
Intergovernmental environmental organizations in their activities are guided by the principles of international environmental protection and, unlike non-governmental environmental organizations, have real leverage of impact on violators of international environmental norms. These impact measures are to impose economic sanctions on States that do not comply with the established international rules for environmental protection, the exclusion of these states from applicants for international economic assistance and other international legal measures for environmental protection. 1 Sources of International Environmental Protection The concept of sources of environmental law received a wide interpretation in theory and practice. Sources of international environmental law are international regulatory acts containing international environmental and legal norms. It should be noted that questions about the subjects and sources of international environmental law are closely related to each other, since the results of the legislative activities of the subjects are the sources of this branch of law. In addition, the norms of international environmental law are contained in international treaties, conventions, the truth is valid for one or another state, subject to approval by the latter. Sources of international environmental law are divided into two categories:
Among the bilateral contracts can be called: Agreement between the USSR Government and the US Government on cooperation in the field of environmental protection of May 23, 1972; The Convention between the USSR Government and the Government of Japan on the protection of migratory birds and birds under threat of disappearance, and their habitat of 1973; Memorandum of Understanding between the Government of the USSR and the Government of Canada on scientific cooperation in the field of study of water systems 1989 among multilateral acts, the Convention on the Protection of the Mediterranean Sea from Pollution of 1976, the Convention on Transboundary Pollution of Atmospheric Air for long distances 1979, Convention on the protection and use of transboundary watercourses and international lakes of 1992, the UN Convention on the Law of the Sea 1982, the Convention on the Protection of the Ozone Layer 1985, the Convention on Climate Change 1992, the 1992 Biological Diversity Convention and others. These and other acts, parties undertake to promote the development of relations and cooperation in the field of environmental protection, properly take into account the relevant facts and problems, express the determination of human protection and the environment environment, share information and implement scientific activities aimed at combating many global environmental problems. . The special source of international environmental law, which are mandatory, are the decisions of some international organizations: the UN General Assembly, the Economic and Social Council of the United Nations, regional economic commissions, the organization of economic cooperation and development (OECD) and the European Economic Community, and other decisions and resolutions of conferences, Symposias, forums, meetings serve as a means of exchanging environmental experience, the exchange of environmentally significant information, solutions of scientific and practical problems. These sources of international environmental rights have a great influence on this branch of law. Examples include the Stockholm Environmental Declaration on the 1972 environment, the World Strategy of Nature Protection 1980, the World Charter of 1982, 1982, the Declaration of Rio de Zhiro-Neuro on Environmental Protection and Development of 1992. The specified documents encourage States to active activities and cooperation. 2 Principles of International Environmental Protection The principle of international cooperation is currently one of the fundamental environmental protection in international legal regulation. It is based on almost all applicable international legal acts being developed in this field. In particular, it is enshrined in the Convention on the Conservation of Nature in the southern part of the Pacific Ocean of 1976, the Bonn Convention on the Conservation of Migratory Wild Animal Species 1979, the Convention on the Conservation of Maritime High Resources of Antarctic 1980, the UN Convention on the Maritime Law 1982 , The Vienna Convention on the Protection of the Ozone Layer 1985 in the Declaration of the Stockholm Conference of the UN on the problems of the environment of the environment of 1972. This principle is disclosed as follows: "International problems related to the protection and improvement of the environment should be resolved in the spirit of cooperation between all countries, large countries And small, on the basis of equality. Cooperation based on multilateral and bilateral agreements or on another relevant basis is extremely important for the organization of effective control, prevention, reduction, and eliminate the negative environmental impact associated with activities carried out in all areas and this cooperation should be organized in such a way that Successfully taken into account the sovereign interests of all states. " Special principles of international environmental law are most fully informally codified in the draft International Agreement - International Environment and Development Covenant, which was developed in 1995. Specialists of IUCN (existing in the 4th editions of September 22, 2010). This document was clearly delimited by the principles of ideas and principles, allocating the following among the latter:
Currently, this principle is in the process of formation and is rather a goal to which the world community should strive than the actual principle. The principle of international legal liability of states for damage caused by the environment. In accordance with this principle of state, it is obliged to compensate for environmental damage caused both as a result of the violation of their international obligations and as a result of activities not prohibited by international law. The peculiarities of the process of formation of international environmental rights should be explained the fact that special principles in this area cannot be considered something frozen, finally formed. We are witnessing precisely the process. For this reason, the appearance in the near future and other special principles is quite likely. 1. The emergence and development of international environmental law. 2. Comparative analysis of the activities of the World Environmental Forum 1992. and the Stockholm Conference UN 1972. on environmental issues. The development of international law of the environment occurs mainly by contractual. According to the United Nations Environment Program, more than 300 multilateral treaties are currently registered in this area. A feature of the MPOS is a noticeable role of international acts of a quasi-corporate nature (declarations, strategies, RU campaigning principles of behavior, etc.), which are often called "mild right." These recommendation documents that serve as an ancillary source of international law are a significant share in the total international legal ma of the environmental protection. They also have a limited, but positive impact on this sphere of international relations. 6. Environmental Safety Concept The new concept that offers a change in the traditional approaches to environmental protection has become the concept of ECO logical security, which is intended to promote sustained and safe development of all states. It can not be achieved unilaterally and requires cooperation between states. 7. United Nations Environment Program (UNEP) In 1972, in Stockholm at the UN Conference on Human Environment, a recommendation was adopted on the creation of UNEP, and the ONUB program was established on the HShU11 of the General Assembly, the OUN program 2997 was established. The NS is a new UNEP goal is to organize and conduct measures aimed at protecting and improving the environment in the current and future generations of humanity. 8. Coordinating the role of international law in environmental protection In modern conditions, the coordinating role of international law is natural and inevitably and inevitably inevitably in the overall process of legal regulation of environmental protection. This is explained by the threat of large-scale transboundary damage on national environmental systems arising from the process of many species of modern activities of states. Strengthening "coordinating the role of international law to relatives to the national law in the field of environmental protection follows from the developing situation of universal ECO logical hazards, when the scale of the damage caused by the surrounding environment, indicate a tendency to violate the entire planetary environment of the environment, to unpredictable from Meaniments in the entire social and economic life of human human resources. There is a need to develop and adopt universal imperative norms of the behavior of states. This would make it possible to implement the UN General Assembly, UNEP and the World Environmental Commission and the Development of the Global Environmental Protection Strategy and rational The use of natural resources, which is based on the concept of sustainable and environmentality of safe long-term development. 9. International-legal prohibition of military impact on the environment There are a number of documents in which the norms protect the natural environment during the war. Control questions for chapter xx1 1. In the CHISS of the Dogs ~ PS OI ~ Rudnichivny Assis Party ~ IVP OS OKRS ~ VNIIO Cro- Literature Course of international law. In 7 volumes. - M., 1992. - T. 5. - International Legal Institute Under the Ministry of Justice of the Russian Federation Volzhsky branch Course work By international law on the topic: International Environmental Protection Law volzhsky, Volgograd region Introduction Chapter 1. General Provisions and the Concept of International Environmental Protection 1.1 Concept and sources of international environmental law 1.2 Objects of International Environmental Protection 1.3 Principles of International Environmental Law 2.1 International Environmental Organizations 2.2 International Environmental Conferences 2.3 Russia participation in international cooperation 3.1 International Responsibility for Environmental Offenses 3.2 International Environmental Court Conclusion Bibliography Man is part of nature. Outside nature without using its resources, it cannot exist. Nature will always be the basis and source of human life. In relation to man, it performs a number of functions related to the satisfaction of its needs: ecological, economic, aesthetic, recreational, scientific, cultural and others. Environmental environment - A combination of natural systems, natural objects and natural resources, including atmospheric air, water, land, subsoil, flora and fauna, as well as climate in their relationship and interaction. Favorable natural environment - such a state of natural objects that form a person created by man, as well as the quality of life and conditions that meets the legislatively established standards and regulations relating to its purity, resource intensity, environmental sustainability, species diversity and aesthetic wealth Environmental Protection - Conservation and recovery activities (if it is violated) of a favorable environment, prevention of its degradation in the process of social development, maintaining environmental equilibrium. Providing a favorable environmental quality and organization of rational environmental management is one of the most pressing problems not only by Russia or European countries, but also the entire world community. The awareness of the coming global environmental crisis by the authorities of most states of the world in the middle of the last century has led to the formation of international cooperation in the field of environmental protection and a dynamic change in the domestic environmental legislation of most countries of the world, including Russia. The proclaiming of human rights to a favorable environment in the Declaration of Principles adopted at the Stokehold Conference of the United Nations Environment of 1972, as well as the signing of the Russian Federation a number of international documents led to the implementation of international environmental norms and standards in Russian legislation. This led to the formation of environmental skills among the Russian population, the growth of public environmental movement and the formation of judicial practice on the protection of the rights and legitimate interests of citizens in the field of environmental protection. This dynamics was reflected in this course, containing the consideration of modern problems of ensuring environmental safety, due to the realities of the XXI century and the processes of globalization in the modern world. Object of course work - Environmental environment. The subject is Study of international rights in the field of environmental protection. The goal of the course work It is to find effective ways aimed at ensuring a favorable environment, environmental safety with the use of international legal environmental principles and norms. Currency tasks: Study of the role of international environmental law; Consideration of the principles of international environmental law; Analysis of the activities of international organizations in the field of environmental protection; Identifying international environmental offenses; Development of events and prospects for improving environmental systems. Methodological basis Currency work are works of scientists in the field of international law, environmental rights, as well as regulatory documents, legislative acts in the field of environmental law. The establishment of international law of the environment. In its development, several stages have passed international environmental law: 1) The first information on the consolidation of the norms of international law enforcement reached us from the sources of the right of ancient China (VII century BC). So, international agreements on the protection of rare breeds of animals and birds were concluded. The championship in this issue of oriental civilizations is not accidental. If the consciousness of Western civilizations is rigidly rational (about the protection of the environment, only when nothing has become, there is, drinking and nothing has become breathing), the Eastern consciousness has always been directed to contemplation and harmony with the environment. 2) the appearance of truly international, and not local norms of international law environment can be attributed to the second half of the XIX century. - 1913. During this period, there was still no complete system of international legal contracts, comprehensively regulating environmental protection. However, individual events are already being carried out (contracts are concluded) on the protection of individual species of animals (for example, the agreement on the protection of marine seals of November 6, 1897) or individual natural objects (for example, the Convention on Shipping on the Rhine of 1868, regulating the protection of the river from pollution ). 3) 1913 - 1948 November 17, 1913 in Bern at the I International Conference dedicated to the International Nature Protection, there was the first attempt in the world to schedule an action plan for international environmental protection in general, and not separate items. The conference was attended by representatives of science from 18 countries, including Russia. At the conference, an agreement was signed on the establishment of a Consultative Commission on International Conservation of Nature. However, the meeting was mainly information and organizational nature and no practical measures for the protection of nature did not work. 4) 1948-1972 The beginning of this stage in international cooperation on environmental protection is associated with the creation of the UN and the first international environmental organization established in 1948, which was first called the "International Union of Nature Protection". In this period, Lrow-Dena in Stockholm was prepared for the first time in world history in 1972. The international conference, proclaiming the right of every resident of the Earth for a favorable environmental environment. 5) 1972 -1992 at this stage in various international legal acts there is a system of international legal guarantees of human rights to a favorable environmental environment. At the same time, the environmentalization of international law and the establishment of the guarantee mechanism is not only at a universal level within the UN system, but also at the regional level within the framework of international bodies as the Council of Europe, OSCE, etc. 6) 1992. - up to this day. In 1992, the international conference in Rio de Janeiro was summed up by cooperation on these issues and outlined long-term plans for the future (see Agenda for XIXVEK). Sources of international environmental law. Under the sources of international law, relevant legal forms are understood, in which the norms of international law are expressed - international customs, general principles, international treaties, decisions of international courts, international doctrines. Several grounds for classifications of sources of international environmental law. All sources of international environmental law according to legal strength divided into two groups: 1) Sources containing norms and rules recognized by states as compulsory standards: international treaties, resolutions of a number of international organizations, mandatory participants, international custom and general principles. There are several classifications of international treaties, for example, by the number of participants share multilateral and bilateral treaties; According to the territorial sphere of action, international treaties are divided into local, subregional, regional and global. Local contracts are aimed at solving local problems of environmental protection of border areas; subregional - on the protection of individual environmental systems; Regional - on the protection of seas, rivers and adjacent regions; Global - on the protection of the ozone layer of the Earth, the World Ocean, etc. 2) Sources that contain environmental guiding recommendations (so-called norms of the international "soft" right). Such recommendations are carried out by states voluntarily due to their high "moral value" and authority. Among them, resolutions of the UN General Assembly and the recommendations of international conferences should be noted. Among such resolutions should be called: a) the resolution of the UN GA d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d dated December 18, 1962 "Economic Development and Protection of Nature", in which an attempt was made to focus on the international community to search for the combination of environmental and economic interests of society, and a set of events is understood as a complex of events, and not the protection of concrete natural resources. b) The UN Security Resolution "On the historical responsibility of states for the conservation of the Earth's nature for the present and future generations", adopted in September 1980, the UN encouraged all nations and states to take measures to reduce the arms race and develop environmental protection measures. c) The World Charter of Nature Conservation dated October 28, 1982 The focus of the Charter is given to issues of environmental education. Among the materials of the UN International Conferences should be noted the Declaration of the Stockholm Conference of the UN 1972 and the Declaration of Principles approved at the UN Conference in Rio de Janeiro 1992. Another classification of international treaties as a criterion allocates the boundness of the subject of regulation of an agreement with environmental issues. On this basis distinguish: 1. Contracting contracts for natural objects (for example, reservoir legal regime). Such contracts, although they do not contain environmental norms, but objectively contribute to the protection of nature objects. 2. Contracting contracts for the use of natural facilities, but containing and individual provisions on the protection of these objects (for example, the 1982 Maritime Convention). 3. Contracts fully focused on regulating environmental protection. Among such contracts are allocated so-called framework agreements that are global. These include the Convention on the Prohibition of Military or any other hostile use of means of impact on the natural environment 1977; Climate change Convention on May 9, 1992; Convention on Biological Diversity of June 5, 1992, etc. In recent years, the number of regional international treaties for environmental protection is increasing. The peculiarity of these international law agreements is that they establish a more rigid protective regime of natural objects compared with global international treaties. From regional international treaties, it is necessary to allocate: agreements on the use and protection of the Danube, Black Sea; African Convention for Nature Protection and Natural Resources 1968; Convention for the Protection of the Mediterranean Sea of \u200b\u200bPollution 1976; Convention on the Protection of Marine Living Resources of Antarctic 1980; Convention on Fisheries and Conservation of Living Resources in the Baltic Sea and Danish Straits 1973, etc. Russia's bilateral cooperation with foreign countries, in particular with the United States, Norway, China, Finland, Germany, and other countries. Cooperation with CIS Member States is carried out under the agreement on cooperation in the field of environmental and environmental protection of February 8, 1992. In order to implement this Agreement, an Interstate Ecological Council has been established and an interstate environmental fund. 1.2 Objects of International Environmental ProtectionObjects of international environmental protection - These are natural objects, on which environmental relations have environmental relations among subjects. We allocate two categories of such objects: international legal objects, the impact on which occurs from the territories of individual states, and objects, the impact of the PA which occurs from the international territory or from the territory with a mixed mode. Immediately note the fact that some objects may relate to both the first and to the second group (scheme 1). TO international legal entities, the impact on which occurs from the territories of individual states, include: Air Wednesday, Inner Waters, Flora and Fauna. Air environment He is the common property of humanity. The main harmful effect on the atmosphere occurs from the territories of individual states in such types of their activities, as: ♦ Sulfur emissions into the atmosphere that generate acid rains. ♦ Carbon dioxide emissions that contribute to the growing greenhouse effect. ♦ Use and leakage of chemicals that destroy the ozone layer of the Earth. ♦ Leakage into the atmosphere of radioactive substances. Inland waters - These are water rivers and lakes, which, although they are located on the territory of individual states, are the objects of international law. Rivers, or more precisely, the watercourse under which the system of surface and groundwater, forming a single [(layer, attracted the attention of the international community for two reasons. First, some rivers flow through the territory of two or more states (international rivers). Second Water rivers somehow fall into international waters. Some lakes are an object of international legal protection due to their attribution to the number of world natural heritage (for example, Lake Baikal, Lake Loman). The international community is trying to protect fresh water from international importance from the following species Pollution: ♦ detergents used in detergents and cleaning substances, ♦ contamination with chlorides used in water disinfection, ♦ Dumping oil and petroleum products. As an example of international protection of this facility, an environmental disaster in Romania can be brought on January 31, 2000, when as a result of the accident at Aurul enterprise, mining gold in the Carpathians, almost 100,000 cubic meters of water with a high content of cyanids fell into the Tissu River, and from She is in Danube. Only in two first days after the accident in the teaser, 80% of fish stocks were killed. According to experts, the restoration of the ecological ballage of the teases will require at least 10 years. Hungary has already sent to international judicial authorities about compensation for damage caused by the environment and the health of the population. Fauna and Flora belong to the mixed object of legal regulation, as the impact on them occurs both from the territory of individual states and beyond. The international sewn uses: disappearing and rare types of flora and fauna, migrating animal species, nature in separate regions. We can distinguish a number of specific areas of cooperation of states in this area: ♦ Protection of the plant world: plant protection, quarantine of plants and their protection against pests and diseases, protection of tropical wood; ♦ Protection of specific animal species: Atlantic seals, Atlantic tunats, polar bears listed in the global red book of disappearing and rare animal species; ♦ Protection of habitats: wetlands, habitats of migratory birds. International legal objects, the impact on which occurs from the international territory or from the territory with a mixed regime. These objects include: Cosmos, the World Ocean, the objects of the general wealth of humanity, the use of nature for military purposes. The world ocean is an ecosystem capable of recycling a huge amount of organic matter (in the concept of "World Ocean" we include both the water of the oceans and the water of the seas). A sharp increase in the number of relief of the products of humanity of humanity, their chemical composition, staged a threat to the millennium, the mechanism of self-cleaning of the World Ocean. Environmental law prohibits or limits the following substances to the world ocean: Oil and petroleum products. It is a special danger of their long period of decay and distribution along large surfaces. So, in November 2002, the Tanker "Prestige" sank off the coast of Spain, and more than 500 kilometers of the coast was poisoned by oil. Spain Prime Minister stated that the country threatens the largest ecological catastrophe in its history. Meanwhile, the formed oil spots for a long time were not eliminated, causing significant damage to water bioresours of the Atlantic. ♦ Synthetic products that include all types of plastics, including synthetic cables, fishing nets and plastic garbage bags. Their danger lies in exceptional buoyancy. ♦ Poisonous substances comprising chloroorganic compounds, mercury, cadmium. These substances also include materials for biological and chemical war. ♦ Radioactive materials. International Environmental Law limits the discharge and disposal of radioactive waste. Space - This is a space located outside the land atmosphere. The economic use of outer space is still limited by the technical capabilities of humanity. However, the international community has already faced the problem of protecting this object from the so-called "space garbage". Its accumulation at near-earth orbits (near space) can make it impossible to further exit humanity into space. Although without the use of nuclear energy in the development of outer space, it is impossible to do well, international law of the environment limits the test of nuclear weapons in space. In this regard, the ecological immunity of some of the objects of outer space is established, under which the withdrawal of objects from the economic activity of the objects of humanity is understood. With regard to space, environmental immunity applies to such a heavenly body as the moon. Objects of the general wealth of humanity - These are territories that are not under the sovereignty of any state and possessing environmental immunity. These include: Antarctica, Moon. Use of Nature for military purposes . Enidential use of impact on the natural environment is prohibited by environmental impact on the purpose of causing harm to other states (weather, tectonic war, eco-chid). 1.3 Principles of International Environmental LawThe principles of international legal regulation In general, it is customary to divide into three groups: general (generally accepted) principles of international law; principles of international law having environmental importance; Special (sectoral) principles of international environmental law. Special principles are formulated in the Stockholm Declaration of 1972, the World Charter of Nature, adopted by UN, October 28, 1982, Rio de Janeiro Declaration of 1992 and other documents. The following basic principles should be allocated: 1. The principle of rational use of natural resources, Supporting states to carry out management and use of natural resources in order not to damage the integrity of environmental systems, as well as to conduct a series of measures to reproduce and resume natural resources (the Convention on the Conservation of Maritime Living Resources of Antarctic 1980, the UN Convention on the Maritime Law 1982) . 2. The principle of preventing environmental pollution It means that states should not pollute the environment by making various harmful substances into it, which, by their danger, or by virtue of large quantities, exceed the ability of the environment to deteriorate and self-healing. States are obliged to directly or indirectly not to transfer damage or danger from one area to another or turn one type of pollution into another. 3. The principle of sovereignty of states over their natural resources Means the sovereign right of states to develop its own natural resources according to its policy in the field of environmental management, environmental protection and development. True, it has not been absolute for a long time. 4. Principle of Non-Environmental Harm Outside National Jurisdiction Indicates certain boundaries, but the state of sovereignty over natural resources. It should be required to ensure that the activities that are conducted under their jurisdiction or control does not cause damage to other states or districts. At the same time, even the presence of an armed conflict does not exempt the parties from the execution of this requirement. If this institute was developed, and there was a sensitive scale for assessing the damage to the environment, this would ensure that each state would carry out the relevant environmental policy. 5. The principle of environmental protection during military conflicts directly follows from the above. It is most fully formulated in the 1976 Convention on the Prohibition of Military or any other hostile use of means of impact on the natural environment. 6. The principle of environmental impact assessment. In recent years, the number of generally accepted principles of international environmental impact law increases, i.e. Not related to compensation already caused harm, but aimed at some preventive measures. This principle was laid in the Convention on Environmental Impact Assessment in the Transboundary Context 1991, the United Nations Convention on the Law of 1982 (Article 206), as well as in numerous regional treaties - Convention on the Environmental Protection of the Red Sea region and Aden Bay of 1982, the Convention on the Conservation and Development of the Marine Wednesday region of the Caribbean in 1983, etc. 7. The principle of responsibility for damage to environmental systems of other states or international spaces. The system of responsibility for international law does not apply to criminal or administrative responsibility. The main type of responsibility for the International Environmental Office is compensation for property damage. The most developed and frequently used type of responsibility is to reimburse damage caused in the event of the pollution of the sea with oil (Brussels Convention on Civil Liability for Damage from Pollution Oil 1969) and liability for damage caused by the use of nuclear power plants (see, for example, the Vienna Convention on responsibility for nuclear damage 1963). Since disputes between states on the cause of property damage are inevitable, in order to implement this principle in July 1993, a special board was created in the International Court of Economics (Camera), considering interstate disputes in the field of environmental protection. One of the first cases considered by the court concerned compensation for damage caused by the environmental degradation of the island of Nauru, admitted at the time when Australia ruled the island. The court accepted this case to consideration on June 26, 1992. Despite the fact that the requirements for damage to damage concerned the period of 70 years. True, subsequently the parties concluded a settlement agreement. Another solution to the permission of international environmental disputes is the consideration of cases in the International Court of Environmental Arbitration and Reconciliation, which was established as a non-governmental organization in November 1994. Consideration of disputes is carried out on the principle of the arbitration court, i.e. The parties recognize the decision for themselves in advance. Chapter 2. International Cooperation in the Environmental Protection2.1 International Environmental OrganizationsCurrently, more than 100 different international organizations are operating in the world, in one degree or another engaged in environmental issues (scheme 2). All international organizations involved in relations settled by international law enforcement can be divided into two large groups: international government and international non-governmental (public) organizations. International Government Organizations, Divorced, in turn, on global (world) and regional. United Nations is the most authoritative of global international organizations. Along with the consideration of environmental issues at a meeting of the General Assembly, as well as the adoption of various resolutions and conferences, a specialized authority has been established for the UN (OOP Program for the Environment). The UNEP structure includes the Governing Council - the main intergovernmental body leading to its policies, the Secretariat led by the Executive Director and Environment Fund. According to its legal nature, UNEP refers to the number of UN subsidiary bodies, although it enjoys a certain autonomy when making decisions. From among the real results of the activities of UNEP, the UNEP initiative on signing by the states of the Montreal Protocol in 1987, which should contribute to the decrease in damage caused by the chemicals with the ozone layer of the atmosphere; The Basel Convention, initiated by UNEP in 1989, which is directed to ensuring control over international transport and removal of hazardous waste; Organization and holding of an international conference in Rio de Janeiro 1992, etc. Specialized international organizations. In addition to the UN, there are other specialized international organizations under its aegid: a) International Atomic Energy Agency (IAEA), implementing the Nuclear Security and Environmental Protection Program. b) Organization of the United Nations for Culture, Science, Education (UNESCO). Its main environmental function is to promote environmental education, upbringing and education, as well as accounting and protection of natural facilities related to world heritage sites. c) World Health Organization (WHO), the main environmental function of which is to study human health issues in the aspect of its interaction with the environment. d) Agricultural and Food Organization of the United Nations (FAO), engaged in environmental issues in agriculture, in particular, the protection and use of land, forests, water, animal world, water biological resources, etc. l) The International Maritime Organization (IMO) is engaged in the protection of seas from pollution, participates in the development of international conventions, but to combat the pollution of the sea with oil, other harmful substances. (e) The UN World Meteorological Organization (WMO) explores the impact of a person to the nature and climate of the planet through the maintenance of global environmental monitoring of the environment. International non-governmental (public) environmental orientation organizations. Their role in international law enforcement is constantly increasing. In addition to the "Greenpeace" movement in the world, such international environmental non-governmental associations are operating as "ecology", "green cross" and others. Such international non-governmental organizations of the environmental orientation, such as the International Union of Nature and Natural Resources - IUCN, the World Wild Environment Fund - VFJ, the International Council on Environmental Law - MPOS, etc. The main rulemaking in international law is the state. That is why the role of non-governmental environmental organizations in international normation is limited. However, the largest of them is the International Union of Nature and Natural Resources, using consultative status in some United Nations bodies and institutions, has the opportunity to formally submit its own point of view on draft documents discussed at international conferences in intergovernmental bodies. 2.2 International Environmental ConferencesOne of the developed forms of international cooperation in the field of environmental protection is conferences, bilateral and multilateral, governmental and non-governmental. Every year hundreds and even thousands of conferences on environmental issues are held in the world. Depending on the objectives, they serve as a means of exchanging environmental experience, the exchange of environmentally significant information, solutions for scientific and practical problems. Of particular interest and special international importance are two conferences conducted under the auspices of the UN. Concerned by a sharp deterioration in the state of the global environment, due to the high levels of its pollution in the late 60s, the UN General Assembly made an initiative to hold an international conference on which international measures would be discussed and developed to limit environmental pollution. In June 1972, the United Nations Stockholm Conference was held on environmental issues of the environment that adopted the Declaration of Principles and Action Plan. These documents were approved by the UN General Assembly and laid the beginning of regular environmental protection activities within the UN. In general, this conference played a huge role in the development of international law enforcement and enhancing international environmental cooperation. Nevertheless, despite the efforts undertaken at the national and international levels, the state of the global environment after the Stockholm conference continued to deteriorate. Concerned with this circumstance, the UN General Assembly created in 1984 the International Commission on Environment and Development and set the task before it: Suggest long-term environmental strategies that would allow sustainable development by 2000 and for a longer period; Consider methods and means using which the world community could effectively solve environmental problems, etc. The result of the International Commission, which was headed by the Prime Minister of Norway Gro Harle Brundtland, became a fundamental work called "Our Common Future" (OurCommonFuture), submitted by the UN General Assembly in 1987 (translated and published in Russia Progress publishing house in 1989 .) The main conclusion of this international commission was to achieve sustainable socio-economic development, in which solutions at all levels would be taken with full consideration of environmental factors. Survival and further existence of humanity determine the world, development and state of the environment. Sustainable development is such a development that meets the needs of the present, but does not threaten the ability of future generations to satisfy their own needs. At the initiative of the UN General Assembly in June 1992 in Rio de Janeiro, i.e. 20 years after the Stockholm Conference, the UN Conference on Environment and Development was convened. Judging by the title of the Conference, its work was founded on the ideas of the International Environment and Development Commission. About the meaning attached to this conference is evidenced by its scale and level. The conference participated 178 states and more than 30 intergovernmental and non-governmental international organizations. 114 delegations were headed by the heads of states and governments. At the conference in Rio, many issues were discussed, the main of which concerned three important documents: Environment and Development Declarations Long-term program of further action on a global scale ("Agenda for the XXI Century"), Principles with respect to rational use, preservation and development of all types of forests. In addition, the conference participants were presented and open for signature two conventions - "On Biological Diversity" and "On Climate Change". The "Agenda for the XXI Century" is devoted to current issues of today's environmental protection, and aims to prepare the world to solve the problems with which he will face in the future century. It defines the activities of states, peoples and international organizations to solve these problems. The agenda contains 4 partitions: Social and economic aspects (national policies and international cooperation in order to accelerate sustainable development in developing countries, the fight against poverty, a change in consumption structures, population dynamics, protection and strengthening of human health, promoting sustainable development of human settlements, accounting for environmental issues and development in the process decision making); Preservation and rational use of resources for development (protection of the atmosphere, an integrated approach to the use of land resources, the struggle against deforestation, desertification and drought, on the sustainable development of mountainous areas, regulation of the use of toxic and hazardous substances, including waste and radioactive substances); Strengthening the role of major groups of the population (global actions in the interests of women, children, youth, indigenous peoples and local communities, strengthening the role of various categories of workers, trade unions and other non-governmental organizations, etc.); Means of implementation (financial resources and mechanisms, information, scientific, technological and organizational and legal means of solving environmental problems). "Agenda for the XXI Century" was adopted without the signing ceremony by consensus states. According to legal strength, it is an act of "soft" international law and is a recommendatory. 600 billion dollars are required to implement a global agenda, including $ 125 billion, which should pay developed countries by developing. The conference participants agreed that developed countries in 2000 and subsequent years will provide financial assistance to developing countries in the amount of 0.7% of the gross national product of each developed country. Russia, the other former republics of the USSR and the state of Eastern Europe entered the group of countries with the "transition economies", in respect of which the implementation of international financial obligations is delayed. The main tool of the organizational and financial mechanism for the implementation of the agenda is the Environment and Development Commission, an agreement on which the conference has been achieved at the Rio conference. A statement on forest principles adopted at the UN Conference on Environment and Development is the first global forest agreement. It takes into account the needs of both forest protection as a surrounding and cultural environment and the use of trees and other forms of forest life for economic development purposes. The statement claims that forests with their complex environmental processes are necessary for economic development and maintaining all forms of life. Forests serve to obtain wood, food and drugs, and are also a treasurer of many biological products that are not yet open. They are warehouses of water and carbon, which could otherwise get into the atmosphere and turn into a gas that causes the greenhouse effect. Forests are a house for many wildlife species. In addition, they, with their peaceful greens and feeling of eternity, satisfy the cultural and spiritual needs of humanity. According to the IBRD, by 2000, tropical forests will continue only in 11 of the 33 countries, now exporting wood. At the same time, according to the calculations of the Cologne Institute of the world economy, the introduction of a ban on the import of tropical timber would bring damages in the amount of $ 50 billion to developing countries, which is equal to all financial assistance to the countries of the third world. It turns out that these countries are simply doomed to the destruction of their natural environment. Forest principles enshrined in the statement include the following: All countries should take part in the "landscaping of the world" by landing and preserving forests; Countries have the right to use forests for the needs of their socio-economic development. Such use should be founded on national policies that meet the tasks of sustainable development; Forests should be used in such a way as to satisfy the social, economic, environmental, cultural and spiritual needs of modern and future generations; The benefits of biotechnology products and genetic materials obtained at the expense of the forest should be divided into mutually agreed conditions with countries in which these forests are located; Forests are environmentally acceptable sources of renewable energy and industrial raw materials. In developing countries, the use of wood as fuel is particularly important. These needs must be satisfied on the basis of the rational use of forests and planting new trees; National programs must protect unique forests, including old forests, as well as forests that have cultural, spiritual, historical or religious value; Countries are needed by planning forest management, based on environmental recommendations. 2.3 Russia participation in international cooperation In accordance with Article 92 of the Law "On Environmental Protection" of the "Principles of International Cooperation in the Field of Environmental Protection", the Russian Federation comes in its environmental policy from the need to ensure universal economic security and the development of international environmental cooperation in the interests of this and future generations and guided by the following principles: · Each person has the right to life in the most favorable environmental conditions; · Each state has the right to use the environment and natural resources for the purpose of development and ensuring the needs of its citizens; · The environmental well-being of one state can not be provided at the expense of other states or without taking into account their interests; · Economic activities carried out in the state of the state should not damage the environment, both within and outside of its jurisdiction; · Invalid any kind of economic and other activities, the environmental consequences of which are unpredictable; · Must be established in global, regional and national levels for the state and changes in the environment and natural resources based on internationally recognized criteria and parameters; · There should be a free and unhindered international exchange of scientific and technical information on environmental issues and advanced environmental technologies; · States should assist each other in emergency environmental situations; · All disputes related to environmental issues should be resolved only by peaceful means. Thus, Russia recognizes the priority of international legal norms in the field of environmental protection. Environmental protection is carried out at several international levels: With other CIS countries; With the Baltic countries; With Eastern European countries; With industrialized countries; With developing countries. Environmental objects are divided into: · In the use of all states (atmosphere, ozone layer, the world ocean); · Used by several or many states (Antarctica, Baltic, Black, Barents Sea); · Used by two states (as a rule, border facilities - the Rivers of the Danube and Cupid, migratory animals). The Russian Federation participates in more than 50 international environmental treaties, conventions, agreements. Our country was one of the initiators and became a member of the signing of historical international agreements: Convention on the Prohibition of Military Or any other hostile use of means of impact on the natural environment (1977) Treaty on the principles of the activities of states on the study and use of outer space, including the moon and other celestial bodies. Now, with the participation of Russia, the Convention on Transboundary Air Pollution at a high distance (1979), the Convention on the Protection of the Black Sea from Pollution (1992), the Convention on the Transboundary Impact of Industrial Accidents (1992), the Convention on International Trade in Wild Species Flora and fauna under threat of disappearance (1973) and others. In 1992, in Moscow, the CIS countries entered into an intergovernmental agreement on cooperation in the field of environmental and environmental protection. In accordance with it, in July 1992, at a meeting in Minsk, the heads of environmental departments of the Agreement participating States signed a protocol on the creation and powers of the Interstate Environmental Council (MES). This Council was established to harmonize the environmental activities of states. The Secretariat of the Council was created as a worker. The activity of the Secretariat is recorded by the Interstate Environmental Fund. The annual contributions of the participants of this fund are 0.05% of the gross national income of each country. The main objective of the Fund is the financing of interstate environmental programs. The Council approved a list of the most vulnerable natural zones in the territory of the Commonwealth countries: Chernobyl zone, Amudarya Pools, Dnipro; Lake Balkhash; Black, Azov, Caspian Sea; ARAL. Currently, several agreements are being developed between the CIS countries: the protection and use of migratory species of birds and mammals and their habitats; On rare, under threat of disappearance of animal and plants; on cooperation between MES and UNEP. Bilateral cooperation between Russia with the United States, Scandinavian countries, Germany is actively developing. At the regular session of the Russian-American Commission on Economic and Technological Cooperation, a joint statement was signed in the field of environmental protection. The US government has expressed its readiness to provide technical assistance and support for specific Russian environmental projects - this is cooperation on the problems of Lake Baikal; air quality management (Volgograd); Training and training. An agreement was signed between the Government of the Russian Federation and the Government of the Finnish Republic on the implementation of cooperation projects in the field of environmental protection on facilities located on the territory of the Republic of Karelia, the Leningrad, Murmansk, Novgorod, Pskov regions and St. Petersburg. The list of priority projects includes: the construction of water treatment facilities and a plant for processing complex waste; The introduction of environmentally friendly processes in the woodworking and machine-building industry. The main directions of cooperation with Norway are associated with the study of the problems of local environmental pollution by the Pechenganikel plant, as well as the pollution of Barents and Kara Seas. During the session of the Russian-Danish Environmental Protection Commission, a large program of action was planned, determined to jointly implement more than 20 projects. Russian-German cooperation develops, in particular, to solve environmental problems in the Tula and Kaliningrad regions, in the area of \u200b\u200bLake Baikal. The work on the implementation of the IRIS project is completed (creating a radiological monitoring system) at the location of nuclear power facilities. The instrument has been installed on the Smolensk NPP and entered into operation, the collection of information on the radiological situation, its processing and exchange with Germany has been established. Then the Iris project will be introduced in Kursk and Leningrad stations. Bilateral contacts and cooperation with the Netherlands, Canada, the United Kingdom and China continue. Chapter 3. International Environmental Offices3.1 International Responsibility for Environmental OffensesThe problem of international responsibility of states is one of the most difficult in international law and does not have a unambiguous decision either in the doctrine or in the practice of interstate communication. It is fundamental to ensure international law enforcement. Under International Responsibility for Environmental Offenses It is understood as the offensive for the subject of international law environment, which violated the requirements provided for by them, adverse effects (scheme 3). The basis of the application of international responsibility is the environmental offense, which is manifested mainly either in the subject of international law of the environment taken by the international obligation, or in causing environmental damage by pollution by the sea, cross-border pollution of the neighboring state, etc. An important element of an international environmental offense is the causal relationship between the unlawful behavior of the subject of international law and caused by environmental damage. The wines of the offender is essential. At the same time, innovative or objective (STRICTLIBILITY) is also applied in modern international practice. In accordance with modern international law, international offenses are divided into crimes and deliquets. The concept of international crime is defined in Art. 19 draft articles on international responsibility developed by the Commission of International Law (Scheme 4). This is an international legal act arising from the violation by the state of an international obligation, such a fundamental to ensure the vital interests of the international community, which its violation is considered as a crime to the international community as a whole. In accordance with the international norms of the Environment, international environmental crimes may, in particular, be the result of a serious violation of an international obligation, which is of fundamental importance for environmental protection, is such as an obligation prohibiting mass pollution of the atmosphere or seas. Any international legal act that is not an international crime is recognized as an international deliket, or an ordinary offense. International law provides for two types of state responsibility: material and intangible (political). Material responsibility is used by reparation, i.e. Material, mainly monetary compensation for damage, or restaurant, i.e. restoration of the disturbed state of the natural environment. International practice suggests that the causing harm to the natural environment, as a rule, entails compensation only direct damage. Intangible (political) responsibility is used in different forms: satisfaction (for example, bringing apologies, the punishment by the state perpetrators), the use of economic and other sanctions up to the use of the armed force. It is characteristic that only a few international conventions, treaties and agreements provide for the measures of responsibility. As a rule, they do not establish specific sanctions for the environmental offenses performed. In some international acts in the field of environmental protection concerning its pollution, the responsibility is regulated in sufficient detail. Thus, the Brussels Convention on Civil Liability for Damage to Pollution Oil (1969) established the objective responsibility of the shipowner for damage from oil pollution caused by the territorial waters of the coastal state by the courts belonging to the State Signing the Convention, which are used for commercial purposes. The owner of the vessel is responsible for all the damage from the pollution of the sea, which was the result of leakage or oil drain. This convention provides for compulsory liability insurance for damage to pollution during the transportation of more than 2000 tons of oil in bulk. As an alternative to insurance, the Convention gives the owner of the vessel. The opportunity to provide other financial support, for example, a guarantee of a bank or a certificate issued by the International Compensation Fund, the amount corresponding to the liability limit established by the Convention. Each veset that completed this requirement is issued evidence. With its absence, the vessel may be forbidden to enter or leave the port of the State party of the Convention. In the Brussels Convention, a limit is established equal to 210 million conventional gold francs (2 thousand francs for 1 register ton of the vessel capacity). The owner of the vessel can be released from liability if he proves that damage: Was the result of hostilities, hostile actions or a natural phenomenon; Was entirely caused by the action or inaction of third parties with the intention to cause damage or It was entirely due to the negligence or other illegal action of the government or another body responsible for the content in the order of fires and other navigation funds. The Geneva Convention on Civil Liability for Damage caused by the transport of dangerous goods by road, railway and inland water transport (1989), established that damage caused by any dangerous cargo during its transportation, the carrier carries responsibility from the moment of incident. As in the Brussels Convention, the carrier is exempt from responsibility if he proves that the damage was the result of hostilities, hostile actions or a natural phenomenon; caused by the action of third parties with the intention to cause damage. A special example of the imposition of international responsibility for harm caused by the natural environment is the responsibility applied due to hostilities. Despite the action of the Convention on the prohibition of military or any other hostile use of means of impact on the natural environment (1977), during the war in the Persian Gulf, the deliberate large-scale destruction of the natural environment for military purposes was carried out. Already a few days after the beginning of the war, the action of Iraqi troops led to the spill of 6-8 million barrels of Kuwaiti oil in the water of the Persian Gulf. For 4 days of bombardments, Iraq blew up most of the 1250 oil wells of Kuwait, as a result of which fires had an almost 600 oil wells and were filled with oil huge areas of the country. UN Security Council in Resolution No. 687 of April 3, 1991 confirmed Iraq's responsibility to foreign states, individuals and legal entities for damage caused to the environment and for the destruction of natural resources as a result of the invasion of Kuwait. In accordance with this resolution, a fund was created, funds in which should come from Iraq in the amount of about a quarter of its annual income from oil production. These funds were intended to cover the damage, which was estimated to reach $ 50 billion. 3.2 International Environmental CourtIn the practical activity of the world community, environmental disputes arise, requiring permission to international bodies. For these purposes in July 1993, the UN International Court of Justice "Camera on Environmental Questions" was created as part of the International Court of Justice. At the initiative of a group of lawyers at the constituent conference conducted in Mexico City in November 1994, an international court of environmental arbitration and reconciliation was established (International Environmental Court). He is a non-governmental organization. The first composition of judges includes 29 environmental lawyers from 24 countries. The representative of Russia is also a member of this court. The activities of the International Environmental Court are regulated by its charter, in accordance with which the court permits international disputes on environmental protection and environmental management in three forms: a) by consulting stakeholders upon request on the basis of legal analysis of a specific situation; b) by reconciling the arguing parties based on the adoption of a compromise solution of the controversial situation, which suits both parties. The solution may be issued as an agreement executed voluntarily on a mutual basis; c) by carrying out a full-fledged forensic arbitration process on the mutual desire of the Parties with the decision of the decision that the parties recognize in advance for themselves mandatory. Consideration of disputes in the International Environmental Court is based on the principles of the Arbitration Court. The parties themselves decide on the appeal to the court and choose from its composition three or more judges to consider the case. The circle of individuals who can apply to the International Environmental Court are unlimited. These can be individuals, public organizations, government agencies, including governments. An international environmental court may consider a wide range of disputes. It includes disputes associated with environmental pollution of the neighboring state and the reimbursement of environmental damage; prevention, suspension or termination of environmentally harmful activities. It also considers the disputes on the use and protection of the natural resources divided by two and more states. Among other others are disputes on the protection of environmental rights of citizens. Consideration of cases in the International Environmental Court is based on international law enforcement, national legislation of the parties, on precedents. Our generation has witnessed dramatic events that changed the nature of human relationship with its environment. The rapid growth of the population of the Earth, as well as NTP contribute to the enhancement of human impact on the environment. Problems of environmental protection are not limited to the framework of individual countries or regions - they have gained global. The need to solve them involves the unification of the efforts of the international community, the development of international cooperation in the context of environmental protection. Objective laws of nature determine environmental requirements. The medium surrounding us is a single integer, part of the planetary ecological system. For example, as a result of harmful emissions of the industry of one country, acid rains fall out in another country, since countries are associated with inseparable environmental connections, which ultimately leads to a change in the planetary processes of life on Earth. It should also be noted that the great damage of the planetary ecosystem is applied by nuclear tests in Russia, the USA, France, China. The accident at the Chernobyl NPP, where five regions were contaminated with radioactive substances, definitely influenced the planet as a whole. The important basis for the cooperation of states in the field of environmental protection is its international legal regulation. It is increasingly formed as an international environmental law, which represents an independent branch of law, whose objects are: Cosmos, World Ocean, International Rivers, Atmospheric Air, individual objects of the animal world, etc. The development of international legislation in the field of environmental protection is due to the problems of the growing environmental crisis. As a result of economic activities, the greenhouse effect is increased. The doubling of carbon dioxide in the atmosphere will cause a universal increase in temperature, which, in turn, will lead to a sudden catastrophic change in the climatic state of the Earth. The temperature rise will increase the content of water vapors in the atmosphere, exacerbating the greenhouse effect and thereby speeds up this process. Serious concern is caused by the rise of sea level and the possibility of flooding entire regions in different parts of the planet. If the latest scientists are confirmed, the greatest devastation threatens such countries like Bangladesh, India, Egypt, Indonesia, Pakistan, Thailand, China. Unfortunately, this list is not exhaustive. The uncontrolled destruction of forests, and especially rainforest near the equator, is very dangerous. These forests are the most important sources of the variety of flora and fauna on Earth. They are the light of our planet. But at the same time, the most vulnerable among all ecosystems on Earth. It is believed that at least half of the well-known science of living organisms live in tropical forests, and they are not able to exist in any other living environment. The imperfect development of waste processing technology, as well as an irresponsible attitude to the problems of garbage disposal, can lead to the litigation of a large number of lands. The question of the methods of burial of harmful waste has risen more than once in recent years, but still not fully established, which of waste and to what extent are harmful to human health. The burning of garbage can lead to poisoning of air, and now creates a new appearance of even more dangerous waste - toxic ash. If, with incineration, up to 90% of the mass of garbage is destroyed, then 10% is preserved as ash and ash, in which the most poisonous substances are concentrated, in particular, heavy metals. The choice of the burial site of highly toxic ash is an even more difficult task than the disposal of simple waste. The listed problems require urgent measures to reduce the degree of environmental hazards, these include: · Dissemination of reliable information about environmental danger; · Market mechanisms and tightening of existing rules; · Hard control over the implementation of these rules; · Cooperation with other departments and states. All these measures are aimed at ensuring environmentally sustainable development, including the transition from socio-economic to socio-environmental development, based on the naturally efficient economic mechanism for meeting the needs for scientific and technological progress, environmental education, international management of environmental risk, mainly by the risk of economic activity and Natural natural processes. 1. Anisimov A.Y., Ryzhkov A.Ya., Chernomorets A.E. Ecological law of Russia: a course of lectures. - Volgograd: "Panorama", 2006. - 288 p. 2. Akhatov A.G. Ecology and international law. - M.: AST-PRESS, 1996.- 512 p., 3. Balashenko S.A., Makarova T.I. International legal protection of the environment and human rights. Tutorial. - Minsk, 1999. - 345 p. 4. Brinkuk M.M. Environmental Law (Environmental Rights): Textbook for universities. - M.: Lawyer, 1998. - 688 p. 5. Govorukh L.S. Basics of general ecology and international cooperation in the field of nature conservation. - Kiev, 1991. - 256 p. 6. Erofeev B.V. Collection of the newest environmental legislation of the Russian Federation. - M., 1996. - 467 p. 7. Erofeev B.V. Ecological law of Russia. Textbook. Edition Second, recreated. and add. - M.: "Lawyer", 1996. - 624 p. 9. Kuznetsova N.V. Environmental Law: Schemes, Comments / Tutorial. - M.: New lawyer, 1998. - 144 p. 11. Environmental protection. Amented comment to the law of Russia. - M., 1993. 12. Petrov V.V. Ecological law of Russia: a textbook for universities. - M.: Beck, 1996. - 487 p. 13. Tronutsevsky Yu.V. Ecological law of Russia: Tutorial. - M.: Publishing House Prior, 1999. - 112 p. 15. Fedsov VG, Fedsova A.V., Yuzhov Yu.A. Ecological law of Russia: a course of lectures. - 2nd ed. - M.: Publishing and trading corporation Dashkov and K 0, 2006. - 574 p. 16. Effective legal liability in environmental protection. / Answer ed. O.S. Sausas, N.I. Krasnov. - M.: Science, 1985. - 326 p. 17. http: // Revolution. Scheme 1. Main objects of international environmental cooperation Scheme 2. Main international environmental organizations
Scheme 3. Environmental Office
Scheme 4. Types of environmental crimes
Brinkuk M.M. Environmental Law (Environmental Rights): Textbook for universities. - M.: Lawyer, 1998. - 688 p. Trondsevsky Yu.V. Ecological law of Russia: Tutorial. - M.: Publishing House Prior, 1999. - 112 p. Anisimov A.Y., Khrhenkov A.Y., Chernomorets A.E. Ecological law of Russia: a course of lectures. - Volgograd: "Panorama", 2006. - 288 p. Akhatov A.G. Ecology and international law. - M.: AST-PRESS, 1996.- 512 p., Anisimov A.Y., Khrhenkov A.Y., Chernomorets A.E. Ecological law of Russia: a course of lectures. - Volgograd: "Panorama", 2006. - 288 p. |
New
- Theorem on the change in the number of mechanical system of the theorem change the amount of system movement
- Tag: functions of several variables Geometric meaning of the differential of two variables
- Theorem on the change in the number of movement of the dynamics of the theorem on the change in the amount of movement
- Changing the amount of mechanical system of the dynamics of the theorem on the change in the amount of movement
- Speed \u200b\u200bof free fall
- How to calculate the limits of functions without using differential calculus
- How to find a gradient function
- Distance from point to point: Formulas, examples, solutions
- Solution of all types of limits with a detailed decision
- Cross-section inertia moments
