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CNAA / Theses / 2010 / July /

Human right to a healthy environment: aspects of international right


Author: Abid Nasir Husein
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2010
Scientific adviser: Nicolae Osmochescu
doctor, professor, Moldova State University
Institution: Moldova State University
Scientific council: D 15-12.00.10-27.03.08
Institute of History of the ASM

Status

The thesis was presented on the 7 July, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document0.31 Mb / in romanian
Adobe PDF document0.35 Mb / in russian

Keywords

the right to life, the right to a healthy environment, ecological security, ecological human rights, international documents, the protection mechanism of ecological human rights, the access to ecological information.

Summary

The content of the paper consists of an Introduction, four chapters, conclusions and recommendations, bibliography of 155 denominations, 1 annex, 173 pages of basic text. The obtained results are published in 7 scientific works.

The increase of the importance of such issues as environment protection, ensuring ecological human security for the public opinion, both for certain states and for the international community represents the topicality of studying the ecological rights of citizens as a means of ensuring law supremacy.

The aim of the study – detecting, on the ground of legislation analysis, the practical implementation of it as well as of the legal doctrine, of the system of the existing theoretical and practical framings and their consolidation in legislation and in practical implementation concerning the ecological rights of citizens, their accomplishment and protection procedures aiming at a potential usage of the positive experience in the practice of creation and implementation of the ecological legislation in the Republic of Moldova.

For achieving this goal there had been emphasized the following objectives: determining the approaches of a potential systematization of ecological rights of citizens; proposing the classification of ecological rights of citizens; emphasizing and subjecting to analysis the main elements of ecological rights’ institution; determining general and special approaches as well as the peculiar features in regulating these relations.

Scientific novelty. The present PhD thesis is one of the first special scientific researches, in which, on the ground of a legal-comparative analysis of legislation and of the legal doctrine of the member-states of European Union and of the Republic of Moldova, are examined the general and the special approaches of the issue concerning the regulation of human ecological rights.

Theoretic significance. In our native scientific literature are lacking works which would contain a comparative legal analysis of the legislation of different EU member-states and of the legislative framework of the Republic of Moldova from the view point of strengthening the institution of the ecological rights of citizens.

Practical value of the work. On the ground of the performed analysis there is determined the concept and the system of the ecological rights of citizens, their place and role both in the system of inalienable fundamental rights and obligations of the human being and of a citizen, and as an independent law institution.