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Mechanisms of Implementing International Environmental Instruments into the Domestic Law of the Republic of Moldova


Author: Natalia Zamfir
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2007
Scientific adviser: Nicolae Osmochescu
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 28 October, 2006
Approved by NCAA on the 18 January, 2007

Abstract

Adobe PDF document0.36 Mb / in romanian
Adobe PDF document0.39 Mb / in russian

Thesis

CZU 341.22+349.6(478)(043.3)

Adobe PDF document 1.45 Mb / in russian
177 pages


Keywords

international environmental law; mechanisms of implementation; domestic law; international environmental treaties; environmental legislation; protection of the environment; globalization; global environmental issues

Summary

In our days there is probably no part of social life where one can perceive so vividly the growing development of civilization, together with its positive and negative effects, like the interaction between man and nature.

At the beginning of the XXI century all measures are directed towards achieving global consensus on environmental sustainability by way of international environmental regulations. The challenges in implementing the regulations of the International Environmental Treaties, as well as the difficulties in achieving international consensus regarding the limits of the regulatory framework in the protection of the environment have motivated me to work on and study this subject.

An efficient resolution of the matter of protection of the environment implies pro-active participation of international and domestic law.

While there is a continuing trend in the Republic of Moldova of ratifying and adopting International Environmental Regulations, as well as a high level of formal implementation thereof, including taking formal measures and institutionalization of public authorities, the practical side of this issue is much more challenging.

Considering this, the objective of our research is based on the analysis of the mechanisms of the implementation process and the review of the lexicon of implementing international environmental regulations, because the improvement of the mechanisms of implementation will make this process more efficient and useful, and strengthen Moldova’s integration within the international legal space.

Taking into account the complexity and importance of the matter of implementing international environmental regulations, and the fact that it requires a continuing search for solutions, it should be mentioned that not all aspects of this matter are covered yet.

In conclusion there are given arguments in support of the International Environmental Law to become as an independent branch of the law.

A set of recommendations is made on the codification of the regulations of International Environmental Law and the codification of the regulations of Domestic Environmental Law, and the passing of a Moldovan Environmental Code, the Special Part of which shall include a Section - “Implementation and Application in the Moldovan Domestic Law of International Environmental Regulations and Principles.”

The practical relevance of the results of the research hereunder consists in the fact that the provisions, relative to the typology of the IEL and the creation of the uniform legal instrument, for the purposes of an efficient interaction between international and domestic law, as well as separate proposals made in the paper, may be applied: in the development of the Moldovan Environmental Law Policy Statement and in the law-related creative activity directed towards its improvement; in the theory of international environmental law; in the teaching of the course of International Environmental Law.