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Juridiciary system of environment protection in public international law


Author: Cristina Negru
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2005
Scientific adviser: Alexandru Burian
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 29 November, 2004
Approved by NCAA on the 27 January, 2005

Abstract

Adobe PDF document – 0.17 Mb / in romanian

Keywords

juridiciary system, international law, biodiversity, environment protection, nature conservation, international collaboration

Summary

The problem of research and analysis of the environment protection juridical base in public international law, and, especially the comparative analysis of the environment juridical system in the Republic of Moldova seen from the view point of international legislation in the juridical literature are insufficiently treated. The researches show that the major actual environment legislation and the legislation concerning certain articles are not in concordance and do not always correspond to the provisions of the ratified legislation. This reffers especially, to ecological standards, clasification and status of state protected natural areas, responsability level of juridical persons in order to maintain natural resources etc.

These problems of environment formation and its implementation in national legislation are tackled in the thesis. There are exposed the results of comparative analysis in actual legislation regarding the environment protection in the Republic of Moldova context of the recomendations and requirements of international conventions regarding the biodiversity, harmful polluting of environment, deserts, clime changing, ozone level protection, biological security.

In conclusion, it comes out that the legislation regarding the environment protection adopted in the Republic of Moldova during the last ten years constitutes areal juridical base for solving many concerned problems. However, there haven’t been reached the necessary level of the efective legislation, there haven’t been elaborated the adequate mechanisms of the legislation implementation. There haven’t been reached the necessary level of international collaboration in the domain, especially with adjacent countries, the activities of harmonizing the national legislation with the European Union juridical normatives are very unassuming, etc.

The author enumerates series of recomendations for perfecting the “Legislation regarding the animal protection”, “Forest code”, “Legislation concerning the protection of state protected areas”. It is remarked the necessity of the elaboration of a new legislation concerning “Protection of plant, animal and mushroom species”. “Integrated ecological monitoring”, “Natural wet zones”, “Protection of the biological resources”.

The result of the researches shown in the thesis can be used by specialists in the fields of jurisprudence, environment protection, ecology, by teachers, students, etc.