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Scientific basis and normative regulation of environmental human rights in Republic of Moldova


Author: Iordanca–Rodica Iordanov
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2007
Scientific adviser: Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 7 March, 2007
Approved by NCAA on the 19 April, 2007

Abstract

Adobe PDF document – 0.37 Mb / in romanian

Thesis

CZU 349.6(478)(043.3)

Adobe PDF document 1.33 Mb / in romanian
191 pages

Keywords

basic human rights, environmental human rights, the right to a healthy environment, the right to benefit by natural means, the right to water as a human right, national and international standards concerning environmental quality, the right to access to information, the right to access to justice on environmental matter, the right to public participation on decision making process, jurisprudence of European Court of Human Right on environmental matter, Aarhus Convention, sustainable development

Summary

Present scientific research has a new approach to environmental human rights, being the first research realized in Moldova on defining the notion and content of environmental human rights, their incorporation in a new independent category of fundamental human rights, at the same time underlying the existent national and international legal framework in this domain.

The investigation of environmental human rights issue as an independent category of rights is performed in the present work through analysis of national legislation, procedural aspects, interpretation aspects, as well as application in order to determine the main criteria of respecting and realizing of each right that enters into this category. According to the evolution of human rights, environmental rights, due to their historic aspect, are included in the third generation rights. At the beginning of ‘70 of last century, environmental rights were considered collective rights. Last years, by virtue of increasing number of ecologic crisis or technical accidents that led to a big impact on environment and people’s heath and life, environmental rights were recognized as individual rights.

These rights are divided in rights of substantive dimension (right to a healthy environmental, the right of beneficiary of natural resources etc.) and rights of procedural dimension (the right to access to information, the right to access to justice on environmental matter, the right to public participation on decision making process).

The study’s object is the recognition and realization of environmental human rights in the system of Republic of Moldova. The domain of research was approached through a synthesized perspective of environmental law in order to underline the public’s interests, its aspiration to application of their environmental rights, public’s involvement in the decision-making process on environmental issues, real application of democratic principles. Disclosing the essence of this category of rights, evaluation of the type of the rights from this category, diachronic analysis (in accordance with historical evolution) and synchronic analysis (from aspect of comparative law for the period of recognizing environmental rights) is done within the framework of environmental law.

The starting point in the elaboration of study were the works of national and foreign scholars in the related fields as: human rights law and in other relevant domains as law on beneficiary of natural resources, impact’s assessment on environment, civil associations etc.

Promotion of a category of human rights supposes a fundamental scientific analysis of problems, context and their systemic interferences, drafting of solutions and assessment of the eventual impact of the new models and mechanisms upon the order and social harmony. By means of complexity, scientific novelty, methodological diversity of investigation, theoretic conclusions and practical recommendations, this work supplies a void area and it is useful in the scientific-educational process and is applicable in the context of legal practice.