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Legal Aspects of Environmental Protection

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 03.06.2024

Legal Aspects of Environmental Protection

 

Introduction

Environmental protection is one of the most important issues of our time, requiring effective legal mechanisms at the international, national and local levels. The legal aspects of environmental protection cover a wide range of issues, including the development of legislation, implementation of international treaties, monitoring and control of environmental activities, and the application of sanctions for violations of environmental standards. In this article, we will review the main legal instruments and mechanisms aimed at preserving and improving the environment.

 

The main part

 

International Environmental Law

 

1. International Treaties

  • Paris Agreement (2015): A global agreement aimed at reducing greenhouse gas emissions and combating climate change. The agreement sets targets for limiting global warming and obliges countries to develop national action plans.
  • Kyoto Protocol (1997): A treaty that obliges developed countries to reduce greenhouse gas emissions. Although it was superseded by the Paris Agreement, the Kyoto Protocol remains an important milestone in international environmental law.
  • Convention on Biological Diversity (1992): The purpose of this convention is to conserve biological diversity, the sustainable use of its components and the equitable sharing of benefits arising from the utilization of genetic resources.

 

2. International Organizations

  • United Nations Environment Program (UNEP): Manages and coordinates environmental activities within the UN system and promotes the development of international environmental norms and standards.
  • International Union for Conservation of Nature (IUCN): A global organization dedicated to the conservation of nature and the sustainable use of natural resources.

 

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National Environmental Legislation

 

1. Environmental Laws and Regulations

  • The Law on Environmental Protection: Establishes the basic principles of environmental policy, including pollution prevention, conservation of natural resources and environmental monitoring.
  • The Law on Atmospheric Air Protection: Regulates the control of emissions of pollutants into the atmosphere, establishes air quality standards and control mechanisms.
  • Water Code: Defines the legal framework for managing water resources and protecting them from pollution and depletion.

 

2. Regulatory Authorities

  • Ministries and agencies responsible for environmental protection: National authorities responsible for developing and implementing environmental policy, monitoring and enforcing environmental legislation.
  • Local environmental inspections: Authorities that monitor compliance with environmental regulations at the local level, conduct inspections of businesses and impose sanctions for violations.

 

Legal Mechanisms and Instruments

 

1. 1. Permit System

 

  • Environmental permits and licenses: Issued to businesses and organizations to carry out activities that may have an impact on the environment. They include requirements to comply with environmental regulations and standards.
  •  
  • Environmental impact assessment (EIA): A procedure that involves assessing the potential environmental impact of a planned activity and developing measures to minimize it.
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