СИСТЕМНА КРИЗА СУЧАСНОГО МІЖНАРОДНОГО ЕКОЛОГІЧНОГО ПРАВА

Autor: В. М., Єрмоленко
Předmět:
Zdroj: Analytical & Comparative Jurisprudence; 2023, Issue 5, p596-600, 5p
Abstrakt: The article examines the issue of a complex crisis situation in the field of international legal mediation of environmental protection activities, caused by the treacherous attack of the aggressor country on the territory of Ukraine, which showed the complete inability of the established model of international law, including its organizational and institutional component, to oppose the aggressor's plans due to the forced cessation of hostilities, which follows from the direct functional purpose of the United Nations as the main world peacemaker. First of all, a terminological excursion was made into the formation of the name of the field of international law, which provides legal protection of the environment, which is characterized by the absence of a unified conceptual and categorical apparatus, where, along with international environmental law, the names of international ecological, international nature protection and international environmental law are used. The author's conclusion is made about the expediency of finally stopping at the universal name of international environmental law. The conducted analysis made it possible to establish that the aggressor violated almost all existing branch principles of international environmental law, except for the principle of inadmissibility of radioactive contamination of the environment, which is also under constant threat of violation. The lack of an effective mechanism for the protection of the rights and interests of subjects of international environmental law is illustrated by the example of a number of international documents, in particular the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Impact on the Natural Environment, the Convention on the Physical Protection of Nuclear Material and Nuclear Installations, the Convention on nuclear safety and the Agreement between Ukraine and the International Atomic Energy Agency on the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index