Friday, March 1, 2019
Using the Law to Protect the Environment
IntroductionWhen defining the purlieu, Dimento (2003) states that it comprises of both natural and anthropogenic elements that atomic number 18 not only mutually interrelated, but has an impact on the bionomic balance, life, human health, historical and cultural heritage and the cut backscape. From this definition, the purlieu comprises of three briny things, the natural resources, the fauna and flora, and the properties which form part of the cultural heritage (Shelton & touch 2005). The mis subroutine of environmental resources and taint worldwide has prompted commitment from governments and major stakeholders to commit in come measures to protect the environment, and, consequently, environmental laws are being enacted in an effort to protect the environment (Dimento 2003). The environmental resources tinnot be rejuvenated once low-spirited neither tin can it protect itself from misuse and pollution. Therefore, only the law can be used to protect the environment. Putting in menage laws in charge of the environment will speak loudly about how the environment can be used sustainably as well as glide by prior warnings to those who may intend to misuse or pollute the environment. Laws ordinarily give directions and consequences of going against such directions. Environment has its own rights and any mantrap of such rights will only be answerable to the law. According to UNEP, environmental law looks at the features of the protection programs which have been put in place to safeguard specific aspects of the environment and natural resources, such as water, air, eat and endangered species. It is also the reference point for judges presiding over environment related cases (Thirlway 2003). Before 1960, the environmental law did not exist as independently as other domestic or international profound issues (Shelton, Kiss & Kanami 2003). However, international laws in place currently to help take over the scientific issues which affect the environment, such as uncertainty issues, sustainable development, issues of alteration and settings issues of individuals and the society, and economics aspects of the environment (Fitzmaurice 2003). These laws seek to control the use of resources in a sustainable manner and to eradicate contamination of the environment through pollution and similar human practices. These laws, therefore, protects against loss of biodiversity, loss of fertility, desertification and famine, depletion of fishing resources, increase of cancers due(p) to depletion of the ozone layer and damage of future generations (Zaelke, Kaniaru & Kruzikova 2005). According to the United Nations (2003), sources of environmental laws can be classified into two categories the National laws and the planetary laws. The basis of the well-grounded mechanisms of the environmental law include prohibition and restriction of activities such as pollution, product and process standards, prior informed consent, environmental impact asses sment, and land use regulation (Zaelke, Kaniaru & Kruzikova 2005). Generally, these laws are formulated in such a way that they are preventive, that is, they prevent damage of the environment such that the use of some resources from the environment must be approved through unyielding exercises of environmental impact assessment and other similar regulations. This, in a broader perspective, helps in protecting the environment. Sanctions and penalties have also been put in place for those who fail to comply and this also helps in protecting the environment (Stanley, Johnson & Gunther 1993).References.Dimento, J., (2003)., The global Environment and external Law, .University Of Texas Press.Fitzmaurice, M., (2003)., The Practical Working of the Law of Treaties, In International law, Oxford University Press.Tarlock, D., History of Environmental law. Environmental law and their enforcement, Vol 1, Thirlway, H., (2003)., The Sources of International Law, In International Law, Oxford Univ ersity Press. (272)Shelton and Kiss., (2005)., Judicial handbook on Environmental law, UNEP, Hertfordsire, Shelton, Kiss & and Kanami., (2003)., Economic globalization and accordance with International Environmental Agreements. New York, Kluwer Law International, New York.Stanley, Johnson and & Gunther., (1993)., Managing slim Ecosystems Combating Desertification and Drought, The Earth Summit The United Nations Conference on Environment and maturement (UNCED) n.dUnited Nations., (2003),. Handbook of Final Clauses of Multilateral Treaties, United Nations Environment Programme, element of Policy Development and Law (Unep/Dpdl) Zaelke, Kaniaru & and Kruzikova,. (2005),. Making Law Work, Environmental Compliance and Sustainable Development.,Cameroon.
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