Suchergebnisse

Abstract:The category environmental damage is known in the Macedonian legislation. Overall, the Republic of Macedonia is a signatory to numerous international conventions and most of them are incorporated into domestic laws, by-laws and rulebooks for the work of the competent state bodies. This means that from the normative point of view we are not at all different from other European countries. The legal system gives us the opportunity to file a lawsuit for causing environmental damage and protecting the right to a healthy environment. This is why the question arises as to whether and how much this opportunity is used in the Republic of Macedonia from the aspect of the daily reactions of the citizens to endanger their life through the disruption of the clean air in the settlements and thus the pollution of other natural resources. This paper aims to understand what is the practice in the courts in the Republic of Macedonia, ie what are the possible verdicts in disputes where a concerned party has requested protection of his right to a healthy environment. The starting point of the research will be Article 43 of the Constitution of the Republic of Macedonia where the right to a healthy life is incorporated as an obligation of the state to create conditions for a healthy environment and every entity in the country is obliged to protect and promote the environment and nature. The issue of the responsibility for the environmental damage caused and the qualifications of the subjective (to the perpetrator of the damage) or the objective (of the state) responsibility and their representation in the court practice will also be considered. Keywords: environmental damage, responsibility, lawsuit, judicial practice

This book focuses on ecological damage: the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms (such as liability insurance, direct insurance, risk-sharing agreements, environmental funds, other guarantees and capital markets), to both prevent and compensate for ecological damage. Three new compensation models are proposed in this research, mainly based on the desirability and feasibility of a mandatory financial security system. In addition to briefly exploring the existing experience in the US, the EU and international regimes, this book also provides both theoretical and empirical research on the Chinese compensation system, which the existing literature has largely neglected

The research on marine ecological compensation is aimed to protect the marine environment and sustainably utilize marine ecosystem services, and is an important institutional instrument for coordination of the relationships among environmental, economic and other social interests. The legal mechanism of marine ecological compensation should be an important way to effectively deal with the contradictions (for examples: the value loss of marine ecosystem services, destruction of marine biodiversity, etc.) in marine eco-environmental protection. This paper firstly introduces the case of the "Sanchi" ship accident, which is regarded as the first collision case of a tanker carrying gas condensate in world shipping history, and also provides a detailed analysis of the "Tasman Sea" ship case which is regarded as the first compensation claim for marine ecological damage in China, and makes some related discussions on marine ecological compensation concerning the two cases. Then, the paper probes into the research theme from four aspects: China's legislative deployment, the legal connotation of marine ecological damage (including the current legal status of compensation claims, subjects of compensation claims, the compensation scope and the evaluation system.), major challenges in legal practice, and remediation of marine ecological damage in China. Finally, the paper provides some suggestions on marine ecological damage compensation for the final settlement in the "Sanchi" case, and tries to explore the future trend of the research theme based on the China's marine strategy.

La globalización constituye una de los factores de mayor controversia en el ámbito internacional. A este fenómeno se le atribuyen múltiples consecuencias, que van desde la riqueza y la pobreza de las naciones, hasta el daño ecológico o medio ambiental y el terrorismo. Por su parte, éste último constituye el factor que ha confi gurado las nuevas tendencias en las políticas de seguridad internacional, siendo la excusa por excelencia para suprimir o prevenir el mal en el mundo a través de la ejecución de las llamadas guerras preventivas, todo en razón de evitar las consecuencias nefastas que podrían traer los actos terroristas. El daño ecológico, por otro lado, constituye una de las nuevas amenazas para la seguridad internacional, siendo una verdad de incómodo tratamiento, todo debido a las consecuencias políticas y económicas que tendría hoy su regulación, pero sin olvidar las nefastas consecuencias que tendría a futuro la ausencia de dicha regulación en la actualidad. En el presente trabajo, desarrollo la idea que el daño medio ambiental es un fenómeno cuyos alcances son superiores a los de la conducta terrorista, por lo cual, la regulación política internacional que confi gura medidas preventivas contra el terrorismo, deben igualmente asumir este fenómeno como un hecho terrorista con una necesidad de regulación tan análoga y efectiva como las que se ejecutan para contrarrestar las conductas terroristas. ; Globalization constitutes one of the factors of major controversy in the international area. This phenomenon is estimated as a cause of multiple consequences, which it goes from the wealth and the poverty of the nations, up to the ecological damage and the terrorism. For its part, the terrorism is the factor that has set new trends in international security policies, with the ultimate excuse to suppress or prevent evil in the world through the implementation of the so-called preventive wars, particularly because to avoid the disastrous consequences that could bring terrorist acts. The ecological damage, on the other hand, is one of the new threats to international security and remains as an uncomfortable truth; particularly because of the political and economic consequences nowadays, but without forgetting, given the absence of such regulations at present, the dire consequences for the future. In this work, I unfold the idea that environmental damage is a phenomenon whose consequences are superior to those of terrorist behavior. Thus, the regulation that sets international policy preventive measures against terrorism must also take this as a phenomenon indeed terrorist with a need for effective regulation as similar as those being implemented to counter terrorist acts. ; 43-60 ; frecrepe@ula.ve ; semestral

To address the shortcomings of our existing damages paradigm--exemplified by the response to the Exxon Valdez oil spill in Prince William Sound--this article suggests that we invoke the burden-shifting attributes of the precautionary principle to transfer the risk of long-term, unknown ecological harm to those who have caused the injury. Through such a risk transfer, this article posits that true costs of ecological injury would more properly be borne by actors capable of altering their behavior to avoid such injury in the first place. In addition, this article suggests offering defendants two options for incurring damages for ecological injuries--either accepting a multiplier of the compensatory damage award or paying for later-discovered damages on an ongoing basis through a case-specific superfund. These options are aimed at embodying the total cost of ecological injuries. Section I of this article describes how the uncertainty and complexity underlying the Pacific herring fishery collapse is characteristic of the unique nature of ecological injuries. Section II examines why our existing damage assessment mechanisms--compensatory damages, punitive damages, and natural resource damages--are insufficient for capturing the extent and duration of ecological harms. Section III examines the history of the precautionary principle, considers the application of that principle in the European Union and U.S. environmental law, and argues that we should invoke the precautionary principle to create a new framework for assessing damages for ecological harms.

Natural problems are the main issues which is related to the human attitudes and behaviours. There is a reciprocal relationship between human and nature. Ecological damage affects the life of organisms or other biotic and abiotic elements. In literary discourse, the author could show the destruction of nature. The purpose of this study is to describe the natural problems in Okky Madasari's novel Mata dan Manusia Laut. This study used a qualitative method with a descriptive analytic working mechanism. The approach used was an ecocritical approach. The data collection technique applied was documentation. The data analysis activities consisted of data reduction, data presentation, and drawing conclusions/verification. The results showed that the natural problems contained in the novel of Mata and Manusia Laut were natural problems and artificial or influenced by human behaviour. Non-anthropocentric problems were weather problems in Kaledupa and Masalembo, high waves caused by the gravity of the moon, tsunamis, and earthquakes. Meanwhile, the problems that were directly influenced by the attitudes and behaviours of the characters consisted of the problem of fish bombs, sea water pollution with garbage, and the death of the mother octopus. The results of this study could be used to strengthen the character and attitude of loving the environment.