International environmental law. International environmental law: concept, sources. Special principles of international legal cooperation in the field of environmental protection International environmental law in brief

International environmental law (IEP) - a set of principles and norms of international law governing the relations of its subjects in the field of environmental protection and rational use of its resources. In domestic literature, the name "international environmental law" is more common. The term "environmental law" seems preferable only because of its international use Vinogradov S.V. International law and protection of atmospheric air. - M.: Nauka, 2007. - 174 p.

The object of the MEP is the relationship of the subjects of international law regarding the protection and reasonable exploitation of the environment for the benefit of present and future generations of people.

The process of formation of the MEP industry has been going on since the 19th century, and has gone through several stages in its development. There are three stages in the formation and development of the MEP: 1839-1948; 1948-1972; 1972-present.

The first stage is linked with the first attempts of "civilized" states to solve regional and local environmental problems, the second stage - with the beginning of the UN activities, the third stage marks the holding of global international conferences on this issue Balashenko S. A., Makarova T. I. International legal protection of the environment and human rights: textbook. allowance. - Minsk: World Wide Printing, 2006. - 99 p.

The sources of the MEP industry are the norms of international environmental agreements, as well as international customs. The MEP sector is not codified. The system of sources is dominated by the norms of regional international agreements. The most important sources are such acts as the 1992 Convention on Biological Diversity, the 1992 Framework Convention on Climate Change, the 1985 Convention for the Protection of the Ozone Layer, the 1970 Convention on the Protection of Migratory Species of Wild Animals, etc.

In modern conditions, environmental protection comes to the fore. The consequences of insufficient attention to the problem can be catastrophic. It's about not only about the well-being of mankind, but about its survival. It is especially alarming that the degradation of the natural environment may be irreversible. Water pollution damages human health and fish stocks. Farmland degradation has led to drought and soil erosion in many areas. Hence malnutrition, hunger, disease. Air pollution is increasingly affecting human health. Massive destruction of forests adversely affects the climate and reduces biodiversity, the gene pool. A serious threat to health is the depletion of the ozone layer, which protects against harmful solar radiation. The "greenhouse effect" leads to catastrophic changes in the Earth's climate. global warming as a result of growing emissions of carbon dioxide into the atmosphere. The irrational use of mineral and living resources leads to their depletion, which raises the problem of the survival of mankind. Finally, accidents at enterprises associated with radioactive and toxic substances, nuclear weapons testing, cause enormous damage to human health and nature. Armed conflicts cause great damage to the environment, as evidenced by the experience of wars in Vietnam, Kampuchea, the Persian Gulf, Yugoslavia, etc. Kopylov M.N. Introduction to international environmental law / M.N. Kopylov. - Moscow: RUDN University, 2007. - 167 p.

The position of states in relation to the protection of the environment is different. The states that emerged as a result of the liquidation of the USSR inherited a heavy legacy as a result of a long neglect of the interests of protecting nature. Vast areas were poisoned and unable to provide normal living conditions. Meanwhile, the resources to correct the situation are extremely limited.

In developing countries, environmental problems can call into question the success of the development process, and there are no funds to change the situation. In the most developed countries the existing system of consumption leads to such a depletion of resources not only of their own, but also of other countries, which poses a threat to future development throughout the world. This shows that environmental protection concerns all aspects of the development of society and is vital for all countries, regardless of their level of development. Therefore, such protection should become an element of the policy of any state. Since the national parts of the environment form a single global system, insofar as its protection should become one of the main goals of international cooperation and an integral element of the concept international security. In a resolution of 1981, the UN General Assembly indicated the importance of peace for the protection of nature and noted the inverse relationship - the conservation of nature contributes to the strengthening of peace, providing correct use natural resources International law: a textbook for universities / otv. ed. G. V. Ignatenko, O. I. Tiunov. - M. : NORMA, 2010. - 133 p.

All of the above stimulates the dynamic development of international environmental law. Noteworthy is the peculiarity of this development, which consists in the large role of the public and the means. mass media. Many acts and decisions are taken by governments under their influence. Mass movements in defense of nature, various parties of "green" are becoming more and more influential.

The development and functioning of the IEP, as well as any branch of international law, is based on certain fundamental provisions, which are a kind of legal axioms in the relatively mobile matter of international law - the principles of the IEP. MEP has main beginnings of 2 types:

- basic principles of international law;
- specific principles of the MEP.

The main principles of international law include the principles set forth in the UN Charter, the 1970 UN Declaration of Principles, the Final List of the 1975 Helsinki Summit and developed by international legal practice. These are, first of all, the fundamental principles of international law: sovereign equality, the non-use of force and the threat of force, the inviolability of state borders, territorial integrity states, peaceful settlement of disputes, non-interference in internal affairs, respect for human rights and fundamental freedoms, self-determination of peoples, cooperation, conscientious performance international legal obligations International law: textbook / otv. ed. E. T. Usenko, G. G. Shinkaretskaya. - M.: Jurist, 2005. - 120 p.

The specific principles of international environmental law are a developing category. These principles have not yet been reflected in any complete codified form; they are scattered across a multitude of international legal acts that are both mandatory and recommendatory in nature. This diversity introduces some uncertainty in the position of international lawyers on the issue of the number of MEP principles.

Specific principles of international environmental law:

1. Protection of the environment for the benefit of present and future generations is a generalizing principle in relation to the entire set of special principles and norms of international environmental law. Its essence boils down to the obligation of states to take all necessary actions to preserve and maintain the quality of the environment, including the elimination of negative consequences for it, as well as the rational and scientifically sound management of natural resources.
2. The inadmissibility of causing transboundary damage prohibits such actions of states within their jurisdiction or control that would cause damage to foreign national environmental systems and areas of common use.
3. Environmentally sound rational use of natural resources: rational planning and management of renewable and non-renewable resources of the Earth for the benefit of present and future generations; long-term planning of environmental activities with an environmental perspective; grade possible consequences activities of states within their territory, areas of jurisdiction or control for environmental systems beyond these limits, etc.
4. The principle of the inadmissibility of radioactive contamination of the environment covers both the military and civilian areas of the use of nuclear energy.
5. The principle of protection ecological systems of the World Ocean obliges states: to take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not to transfer, directly or indirectly, damage or danger of pollution from one area to another and not to transform one type of pollution into another, etc.
6. The principle of the prohibition of military or any other hostile use of means of influencing the natural environment in a concentrated form expresses the obligation of states to take all necessary measures to effectively prohibit such use of means of influencing the natural environment, which have wide, long-term or serious consequences as methods of destruction, causing damage or injury to any state.
7. Ensuring environmental security: the obligation of states to carry out military-political and economic activities in such a way as to ensure the preservation and maintenance of an adequate state of the environment.
8. The principle of control over compliance with international environmental treaties provides for the creation, in addition to the national, of an extensive system of international control and monitoring of environmental quality.
9. The principle of international legal responsibility of states for environmental damage provides for liability for significant damage to environmental systems outside of national jurisdiction or control Trusov AG International environmental law (international environmental law): textbook. allowance. - M.: Academy, 2009. - 67 p.

Thus, international environmental law (IEP) or international environmental law is an integral part (branch) of the system of international law, which is a set of norms and principles of international law governing the activities of its subjects to prevent and eliminate environmental damage from various sources, as well as on the rational use of natural resources.

International investment law.

The basic principle is formulated in the Charter of Economic Rights and Duties of States. Each state has the right to “regulate and control foreign investment within its national jurisdiction in accordance with its laws and regulations in accordance with its national goals and priorities. No state should be forced to grant preferential treatment to foreign investment.

A number of multilateral agreements containing investment provisions have been concluded: the North American Free Trade Agreement (NAFTA), the Energy Charter, etc. The World Bank and the IMF published a compendium in 1992 containing sample general provisions relevant laws and treaties.

In general, the mentioned treaties are aimed at liberalizing the legal regime of investments, on the one hand, and at increasing the level of their protection, on the other. Some of them provide foreign investors with national treatment and even free access. Many contain guarantees against uncompensated nationalization and against the prohibition of the free export of currency. Most treaties provide for the possibility of considering disputes between a foreign investor and the host state in impartial arbitration.

Russia is a party to more than 40 agreements, 14 of which were signed on behalf of the USSR.

Within the framework of the CIS in 1993, a multilateral agreement on cooperation in the field of investment activity. The regime created by the Agreement does not extend to third states. The Parties have granted each other national treatment in the totality of investment activities. A fairly high level of investment protection is provided. Investors are entitled to compensation for losses, including lost profits, caused to them as a result of illegal actions government agencies or officials.

Question number 3. Concept, sources and principles

International environmental law - it is a set of norms and principles that regulate the relations of its subjects in the field of environmental protection and rational use of its resources.

object interstate relations is environment as a comprehensive material good, the basis of material and non-material benefits derived from it, conditions that guarantee the health and prosperity of present and future generations of people. First of all, those elements on which the existence of mankind depends, and the state of which, in turn, is determined by the behavior of states, are subject to international legal protection. These elements include the World Ocean and its resources, atmospheric air, animals and vegetable world, unique natural complexes, near-Earth space.

The main sources of international environmental law are international treaty and international custom. At the stage of formation of this industry, customary norms were widely applied. Thus, the principle prohibiting damage to the territory of a neighboring state as a result of the use of one's own territory, which is genetically related to the maxim of Roman law "so use your own so as not to harm someone else", has become widespread. Customary rules have provided the basis for the best-known decisions of international dispute tribunals regarding damage caused by environmental pollution.

Modern international legal regulation of environmental protection is formed mainly as a contractual one. Currently, there are about 500 general, regional, bilateral international agreements that directly affect the problems of environmental protection.

Among the general (universal) treaties are the Vienna Convention for the Protection of the Ozone Layer of 1985, the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Environment of 1977, and the Convention on Biological Diversity of 1992.

It is also necessary to mention regional environmental treaties: the 1992 Convention on the Protection of the Black Sea from Pollution, the 1973 Agreement on the Conservation of Polar Bears, the 1976 Convention on the Protection of the Rhine River from Chemical Pollution.

Bilateral treaties most often regulate the joint use of international freshwater basins, marine areas, flora, fauna. These documents define the agreed principles of activity and rules of behavior of states in relation to the environment in general or its specific objects (for example, agreements on cooperation in environmental protection signed by Russia in 1992 with Finland, Germany, Norway, Denmark; Agreement between the Russian government and the Government of Canada on cooperation in the Arctic and the North in 1992; the Agreement on border rivers between Finland and Sweden in 1971, etc.).

A feature of international environmental law is the prominent role of various declarations, strategies, often called "soft" law. The most important among such documents are the UN Declaration on Environmental Problems of 1992, the Declaration of Rio de Janeiro of 1992, which formally do not have a mandatory legal force, have a significant impact on the rule-making process.

IN common system norms of international environmental law, an important place is occupied by the resolutions of international organizations and conferences, which pave the way for positive law. As an example: the resolution of the UN General Assembly in 1980 "On the historical responsibility of states for the preservation of the nature of the Earth for present and future generations" and the World Charter for Nature in 1982.

The final completion of the formation of international environmental law as an independent branch of international law would be greatly facilitated by its codification. This issue has been repeatedly put forward in the framework of the United Nations Environment Program (UNEP). A universal codification act, by analogy with other branches of international law, would make it possible to systematize the principles and norms that have developed in this branch, thereby securing the legal basis for equal and mutually beneficial cooperation between states in order to ensure environmental safety.

IN Russian Federation the interaction of international and national law in the field of environmental protection develops in the following areas. Firstly, The Law “On Environmental Protection” of 1991 enshrined the principles of international cooperation of the Russian Federation in this area (Article 92), which correspond to the principles of international environmental law. Secondly, in a number of laws there are references to international treaties of the Russian Federation, which indicates the joint application of national and international norms. The Federal Law “On Fauna”, adopted in 1995, repeatedly refers to the norms of international law, meaning, in particular, their priority in the field of use and protection of wildlife, protection and restoration of its habitat (Article 12), as well as their special role in relation to the objects of the animal world and the exclusive economic zone (Articles 3 and 4). Third, on federal level special acts on the procedure for the implementation of contracts are adopted. Thus, the Decree of the Government of the Russian Federation of December 18, 1997 No. "On ensuring the implementation of the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" establishes the conditions for the activities of Russian individuals and legal entities in the area of the Treaty and the procedure for issuing appropriate permits.

Principles of international environmental law:

All the basic principles of international law are the regulators of legal relations in the field of environmental protection. However, international environmental law has its own specific principles.

1) The environment is the common concern of mankind. The meaning of this principle is that the international community at all levels can and must jointly and individually protect the environment. For example, the preamble to the 1992 Convention on Biological Diversity states that conservation biodiversity is the common goal of all mankind.

2) The principle of inalienable sovereignty of states over their natural resources provides for the sovereign right of each state to develop its own resources in accordance with its environmental policy.

3) The natural environment outside the state borders is the common property of mankind. This principle is enshrined in the 1967 Outer Space Treaty, the 1982 UN Convention on the Law of the Sea.

4) Freedom to explore and use the environment and its components means that all states and international intergovernmental organizations have the right, without any discrimination, to exercise lawful peaceful scientific activity in the environment.

5) Rational use of the environment. This principle is characterized by the following elements: rational planning and management of renewable and non-renewable land resources for the benefit of present and future generations; long-term planning of environmental activities with an environmental perspective; maintaining the used natural resources at the optimally acceptable level, i.e. the level at which maximum net productivity is possible and no downward trend can be observed; scientifically grounded management of living resources.

6) Harm prevention. In accordance with this principle, all states must identify and evaluate substances, technologies, production that affect or may significantly affect the environment. They are obliged to systematically investigate, regulate or manage them in order to prevent harm to the environment or its significant change.

7) Prohibition of military or any other hostile use of funds impact on the natural environment expresses the obligation of states to take all necessary measures to effectively prohibit the use of those methods and means that can cause serious damage to the environment.

8) State responsibility. According to this principle, the state bears political or material responsibility in case of violation of the relevant international legal obligation.

States also bear civil liability for causing harm to the environment by its physical or legal entities or persons acting under its jurisdiction or control. This is provided for by the Convention on Civil Liability for Damage Caused to the Environment hazardous substances 1993, Convention on International Liability for Damage Caused by Space Objects 1972, etc.

Question number 4. International legal protection of objects

environment.

Environmental protection refers to global issues survival of human civilization. Therefore, the natural environment is an important object of international legal regulation.

Under environmental law understand the totality of principles and norms governing the activities of states to prevent and eliminate damage of various types and from various sources, caused to the national systems of the natural environment of individual states and systems of the natural environment that are beyond the limits of national jurisdiction.

Main objects international legal protection of the natural environment are land, subsoil, the oceans, celestial bodies, air space, outer space, flora and fauna of the Earth, as well as the fight against the main sources of environmental pollution.

The main sources of environmental pollution are industrial and chemical wastes, nuclear weapon and composite materials, oil and gas, vehicles, human activity (lawful and illegal).

There are the following groups of objects international legal protection of the natural environment: I. The entire planetary environment (ecosystem) of the Earth:

The World Ocean and its natural resources;

Atmospheric air;

near-Earth space;

Individual representatives of the animal and plant world;

Unique natural complexes;

Part of freshwater resources, the genetic fund of the Earth (chernozem).

P. National natural resources under the jurisdiction of the state. In determining their legal status, the main role is played by the norms of internal law. Along with this, for individual objects, the number of international treaties relating to their protection is increasing.

III. International natural resources that are beyond the limits of national jurisdiction or which, in the course of their development (natural cycle), end up on the territory of other states.

The legal regime for the protection and use of these resources is determined by the norms of international law.

Resources are divided into two groups:

1. Universal, which are in the common use of all states (for example, the high seas, outer space, Antarctica, the seabed beyond national jurisdiction);

2. Multinational(shared) that are owned or used by two or more countries (for example, water resources multinational rivers, populations of migrating animals, border natural complexes).

The sources of international environmental law are divided into two groups:

- international treaties And

- international customs. Types of international treaties:

A) universal:

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;

Convention for the Prevention of Pollution from Ships, 1973;

Convention on International Trade in Endangered Species of Wild Flora and Fauna, 1973;

1977 Convention on the Prohibition of Military and Any Other Hostile Use of Environmental Modifiers;

Convention on Long Range Transboundary Air Pollution, 1979;

United Nations Convention on the Law of the Sea 1982; 6) regional:

- Convention for the Protection of Fauna and Flora in Europe 1979;

Convention for the Protection of the Mediterranean Sea against Pollution, 1976.

And others.

Basic principles of international environmental law:

- international environmental cooperation between states and other subjects of international law;

No harm to the natural environment;

Assessment of transboundary environmental impacts of the proposed activity;

The natural environment outside the state border is the common property of all mankind;

International liability for environmental damage;

Freedom to explore and use the natural environment and its components;

Rational use of the natural environment;

And others.

In the context of the ongoing scientific and technological revolution, the increase in the real threat of man-made emergencies, the importance of international cooperation in this area is growing. An important role in such cooperation is played by the conclusion of international treaties of a specialized nature. So, for example, to international conventions for environmental safety include:

a) Convention on the Prohibition of Military or Any Other Hostile Interference with the Natural Environment, 1977, which obliges:

Do not resort to military or any other enemy
Debt use of means of impact on the environment
consuming the natural environment by deliberately
changes in the dynamics of the state, the structure of the Earth, including
tea its biota, lithosphere, hydrosphere, atmosphere or
space; i

Not to help, encourage or induce subjects of international law to carry out military or other hostile use of means of influencing the natural environment;

Use means of influencing the environment for peaceful purposes;

Take any legal measures to prohibit and prevent any activity that is contrary to the implementation of environmental safety measures;

b) the 1979 Convention on Transboundary Air Pollution, which obliges:

Protect people and the natural environment from air pollution, limit, reduce and prevent air pollution from sources located on the state territory;

Through the exchange of information, consultations and monitoring (ongoing observation), develop a strategy for combating air pollutant emissions;

Develop the best systems for regulating air quality, measures to combat its pollution.

International cooperation in the field of environmental protection can be global, regional, subregional and interstate.

In 1972, within the framework of the United Nations, the Program for the Protection of the Environment (UNEP) was developed, headquartered in Nairobi (Kenya). This program is a special international mechanism on coordination of cooperation between states in the field of environmental protection. The structure of UNEP includes the Board of Governors, the Secretariat and the Environment Fund.

UNEP is led by a Director and a Governing Council composed of representatives from 58 countries. The main functions of the Council are:

Promoting international cooperation in the field of the environment and providing, as appropriate, policy advice to this end;

Implementation of general management and coordination of programs in the field of the environment carried out by UN organizations;

Preparation of reviews of the state of the environment and identification of ways for international cooperation;

Implementation of continuous observation (monitoring) of the impact of national and international politics on the state of the environment and conservation measures for developing countries;

Preparation of an overview of the activities envisaged by the Environment Fund, etc.

UNEP operates in a sessional manner. The session meets annually, and the executive director and the secretariat participate in its preparation.

The Executive Director heads the office, which includes: the department of environmental assessment; department of management in the field of environmental protection; department but problems omit-

poking; sector of environmental education; | sector reports on the state of the environment! environment.

Under the leadership of the secretariat, there are: a bureau for program issues; department of external relations and policy planning; liaison offices in New York and Geneva; information service, regional representative offices.

The Bureau of Questions plays an important role in the activities of the Environment Fund! Fund for the Environment and Administration. It includes an administrative department and an assistant executive director.

To the most important areas of environmental protection | UNEP activities include:

Protection of individual natural objects (protection j of the marine environment, protection of soils and fresh water);

Combating various types of harmful impacts I (combating desertification, pollution);

Rational use of natural resources;

Creation of the world help desk on monitoring the state of the environment (monitoring);

The study of ecological features of development j settlements;

Development of an international legal framework for environmental protection, etc.

With the support and active participation of UNEP, the Convention for the Protection of the Mediterranean Sea from Pollution of 1976, the Kuwait Regional Convention for the Protection of the Marine Environment from Pollution of 1978, the Bonn Convention on the Conservation of Migratory Species of Wild Animals of 1979 and many others were developed and adopted.

Very relevant and effective are the international forums organized under the auspices of the UN and devoted to the problems of environmental protection. One of such representative international forums was the Conference on

environment and development, which took place in 1992 in Rio de Janeiro. The most important result of the conference was the adoption of the Declaration.

The principles enshrined in the "Declaration of Rio":

Observance of human rights in the field of environmental protection;

Cooperation of states in the field of environmental protection;

Sustainable development of human society;

Peace and peaceful resolution of environmental disputes.

In the same document, the principles of cooperation between states in the field of environmental protection were again enshrined:

(a) protection of the natural environment is an integral part of the process of peaceful development;

(b) the adoption by states of effective laws in the field of environmental protection, establishing the responsibility of subjects for environmental pollution;

(d) mutual information about activities that may have negative transboundary consequences for the natural environment;

(e) global partnership of states to preserve the Earth's ecosystem;

(f) assessing the expected environmental impacts of prospective activities;

(g) respect for international law and ensuring the protection of the natural environment during armed conflicts.

In addition to universal international organizations, many regional organizations general and special competence.

Thus, the Maastricht Treaty on the European Union (EU) consolidates the environmental goals of this organization! nization - to promote at the international level measures (| related to regional and global environmental problems. Annexes to the Maastricht Treaty are three declarations on environmental topics: directives on harmful emissions on the impact of EU measures on environmental protection; on the protection of animals.

Within the EU, the European Environment Agency and the European Environmental Information and Observation Network were established in May 1990. The main task of this Agency is to provide the EU and Member States with objective information in order to develop and implement effective and efficient environmental policies. The Agency draws up quarterly reports on the quality, intensity and nature of the impact on the environment, develops uniform assessment criteria, data on the state of the environment. The priority objects of observation in the activities of the Agency are: air, its quality and emissions into the atmosphere; water, its quality and agents polluting water resources; soil, its condition, flora, fauna, biocurrents and their condition; land use and natural resources; recycling and reuse of waste, non-waste technologies; noise pollution; chemicals harmful to the environment, etc.

Other regional organizations (OSCE, CE, CIS) pay more and more attention to the problems of environmental security. Thus, within the framework of the OSCE in Sofia in 1989, a Conference on the Protection of the Environment was held. The recommendations of the Meeting, which were later adopted by the Paris Summit (1990), emphasized the importance of cooperation between states in the scientific, technical, administrative, legal and educational aspects of environmental protection.

Regional organizations of special competence include the Commission for the countries of the South Pacific, which was established in 1947. Its main task is to promote the improvement of economic, social and cultural conditions, as well as environmental protection through mutual consultations between the governments of the states of the region.

An example of international sub-regional cooperation of states in the field of environmental protection can be the Black Sea Protection Program, developed within the framework of the Black Sea Economic Cooperation Organization, established in June 1992.

An important role in the protection of the natural environment is played by international non-governmental organizations (World Wildlife Fund, Greenpeace, International Institute on Environment and Development, International Council on Environmental Law, International Environmental Court, etc.). Their activities are becoming more active and becoming more and more effective in the international arena, providing public support and; control of the international community in matters of environmental safety. International practice in recent years provides examples of positive interaction between states and international intergovernmental organizations with these public structures in environmental sphere.

Literature:

1. Kolbasov O.S. International legal protection of the environment. - M., 1982.

2. The course of international law. In 7 vols. T. 5. - M., 1992.

3. Speranskaya L.V., Tretyakova K.V. International environmental law. - M., 1995.

4. Timoshenko A.S. Formation and development of international environmental law. - M., 1986.

5. Chichvarin V.A. Environmental protection and international relations. - M., 1970.

International environmental law is a set of norms and principles that regulate the relations of its subjects in the field of environmental protection and the rational use of its resources.

The object of interstate relations is the environment as a complex material benefit, the basis of material and non-material benefits derived from it, conditions that guarantee the health and prosperity of present and future generations of people. First of all, those elements on which the existence of mankind depends, and the state of which, in turn, is determined by the behavior of states, are subject to international legal protection. These elements include the World Ocean and its resources, atmospheric air, flora and fauna, unique natural complexes, near-Earth space.

Main sources of international environmental law are international treaty and international custom. At the stage of formation of this industry, customary norms were widely applied. Thus, the principle prohibiting damage to the territory of a neighboring state as a result of the use of one's own territory, which is genetically related to the maxim of Roman law "so use your own so as not to harm someone else", has become widespread. Customary rules have provided the basis for the best-known decisions of international dispute tribunals regarding damage caused by environmental pollution.

Among the general (universal) treaties are Vienna Convention on the Protection of the Ozone Layer 1985, the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influencing the Environment of 1977, the Convention on Biological Diversity of 1992

Bilateral treaties most often regulate the joint use of international freshwater basins, marine areas, flora, and fauna. These documents define the agreed principles of activity and rules of behavior of states in relation to the environment in general or its specific objects (for example, agreements on cooperation in environmental protection signed by Russia in 1992 with Finland, Germany, Norway, Denmark; Agreement between the Russian government and the Government of Canada on cooperation in the Arctic and the North in 1992; the Agreement on border rivers between Finland and Sweden in 1971, etc.).

A feature of international environmental law is the prominent role of various declarations, strategies, often called "soft" law. The most important among such documents are the UN Declaration on Environmental Problems of 1992, the Declaration of Rio de Janeiro of 1992, which, while formally not having legally binding force, have a significant impact on the rule-making process.

In the general system of norms of international environmental law, an important place is occupied by resolutions of international organizations and conferences that pave the way for positive law. As an example: the resolution of the UN General Assembly in 1980 "On the historical responsibility of states for the preservation of the nature of the Earth for present and future generations" and the World Charter for Nature in 1982.

4. State management in the field of environmental protection. Concept, types, functions;

The eponymous chapter is devoted to the fundamentals of management in the field of environmental protection. II Federal Law "On Environmental Protection". The legislator allocates powers: for state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation in the field of relations related to environmental protection, as well as the basics of environmental management carried out by local governments.

Within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal executive authorities and executive authorities of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation (Article 77 of the Constitution of the Russian Federation).

There is also the term "environmental management". There are several types of environmental management: state; departmental; production; public.

Each of the listed types of environmental management is carried out by different entities: the state and its authorized bodies; special departments; business entities; public associations of legal entities and citizens.

State management in the field of environmental protection is expressed in the following functions:

1) establishment of legal norms regulating issues in the field of environmental protection, environmental protection, natural resource legislation, legislation on administrative offenses in the field of environmental protection and nature management, criminal legislation in the field of environmental crimes;

2) acceptance of the fundamentals public policy in the field of environmental protection, environmental safety;

3) exercising control in the field of environmental protection (state environmental control);

4) setting standards, state standards in the field of environmental protection;

5) state accounting of natural resources and objects, organization of maintaining state cadastres and monitoring of environmental objects;

6) environmental assessment of the state of the environment.

5. Powers of state authorities of the Russian Federation in the field of environmental protection and nature management.

The powers of state authorities of the Russian Federation in the field of relations related to environmental protection include:

ensuring the implementation of the federal policy in the field of environmental development of the Russian Federation;

development and publication of federal laws and other regulatory legal acts in the field of environmental protection and control over their application;

development, approval and implementation of federal programs in the field of environmental development of the Russian Federation;

announcement and establishment of the legal status and regime of ecological disaster zones on the territory of the Russian Federation;

coordination and implementation of environmental protection measures in ecological disaster zones;

establishing the procedure for the implementation of state environmental monitoring (state monitoring of the environment), the procedure for organizing and functioning unified system state environmental monitoring (state environmental monitoring), formation state system monitoring the state of the environment and ensuring the functioning of such a system;

determination of the procedure for organizing and implementing federal state environmental supervision;

establishing the procedure for the creation and operation of the state data fund of state environmental monitoring (state environmental monitoring) (hereinafter also referred to as the state data fund), the list of types of information included in it, the procedure and conditions for its presentation, as well as the procedure for exchanging such information;

creation and operation of the state data fund;

establishing the procedure for preparing and distributing the annual state report on the state and protection of the environment;

establishment of federal executive bodies exercising state administration in the field of environmental protection;

ensuring environmental protection, including the marine environment in continental shelf and in the exclusive economic zone of the Russian Federation;

establishing the procedure for handling radioactive waste, state supervision in the field of ensuring radiation safety;

preparation and dissemination of the annual state report on the state and protection of the environment;

establishment of requirements in the field of environmental protection, development and approval of standards and other normative documents in the field of environmental protection;

approving the rules for calculating and collecting fees for negative environmental impact, exercising control over the correctness of its calculation, completeness and timeliness of its payment and determining the rates of fees for negative environmental impact and coefficients to them;

organizing and conducting state environmental expertise;

interaction with the subjects of the Russian Federation on environmental issues;

establishment of the procedure for restriction, suspension and prohibition of economic and other activities carried out in violation of the legislation in the field of environmental protection, and their implementation;

organization and development of the system of environmental education, the formation of environmental culture;

providing the population with reliable information about the state of the environment;

formation of specially protected natural areas of federal significance, formation of the List of natural heritage sites recommended by the Russian Federation for inclusion in the World Heritage List, management of the natural reserve fund, maintenance of the Red Book of the Russian Federation;

maintaining state records of objects that have a negative impact on the environment;

maintaining state records of specially protected natural areas, including natural complexes and objects, as well as natural resources, taking into account their environmental significance;

economic assessment of the impact of economic and other activities on the environment;

economic assessment of natural and natural-anthropogenic objects;

establishment of a licensing procedure certain types activities in the field of environmental protection and its implementation;

implementation of international cooperation of the Russian Federation in the field of environmental protection;

implementation of federal state environmental supervision in the course of economic and other activities using objects that are under the jurisdiction of the Russian Federation in accordance with the legislation of the Russian Federation, and objects that have a negative impact on the environment, in accordance with the list of such objects established by the authorized federal executive body ;

establishing for the purposes of state environmental supervision the categories of economic and other activities carried out by legal entities, individual entrepreneurs and citizens, based on the criteria and (or) indicators of the negative impact of objects of economic and other activities on the environment, as well as the determination of indicators of high and extremely high chemical and radiation pollution of the environment;

state regulation of circulation of ozone-depleting substances;

exercising other powers provided for by federal laws and other regulatory legal acts of the Russian Federation;

establishing a list of pollutants;

establishment of a list of areas of application of the best available technologies;

establishing the procedure for the development, updating and publication of information and technical reference books on the best available technologies;

establishing the procedure for issuing integrated environmental permits, amending them, re-issuing and revoking them;

establishment of criteria on the basis of which the assignment of objects that have a negative impact on the environment to objects of categories I - IV is carried out.

6. Powers of state authorities of the constituent entities of the Russian Federation in the field of environmental protection and nature management.

The powers of state authorities of the constituent entities of the Russian Federation in the field of relations related to environmental protection include:

participation in determining the main directions of environmental protection on the territory of a constituent entity of the Russian Federation;

participation in the implementation of the federal policy in the field of environmental development of the Russian Federation on the territory of the subject of the Russian Federation;

adoption of laws and other normative legal acts of the subject of the Russian Federation in the field of environmental protection in accordance with federal legislation, as well as control over their implementation;

the right to adopt and implement regional programs in the field of environmental protection;

participation, in accordance with the procedure established by regulatory legal acts of the Russian Federation, in the implementation of state environmental monitoring (state environmental monitoring) with the right to form and ensure the functioning of territorial systems for monitoring the state of the environment on the territory of a constituent entity of the Russian Federation, which are part of a unified system of state environmental monitoring (state environmental monitoring);

implementation of regional state environmental supervision in the implementation of economic and other activities, with the exception of activities using facilities subject to federal state environmental supervision;

approval of the list of officials of state authorities of the constituent entity of the Russian Federation exercising regional state environmental supervision (state inspectors in the field of environmental protection of the constituent entity of the Russian Federation);

establishment of environmental quality standards containing relevant requirements and norms not lower than the requirements and norms established at the federal level;

the right to organize and develop a system of environmental education and the formation of environmental culture on the territory of a constituent entity of the Russian Federation;

applying to the court with a requirement to restrict, suspend and (or) prohibit, in accordance with the established procedure, economic and other activities carried out in violation of the legislation in the field of environmental protection;

bringing claims for compensation for damage to the environment caused as a result of violation of legislation in the field of environmental protection;

maintaining state records of objects that have a negative impact on the environment and are subject to regional state environmental supervision;

maintenance of the Red Book of the subject of the Russian Federation;

the right to form specially protected natural areas of regional significance, management and control in the field of protection and use of such areas;

participation in providing the population with information about the state of the environment in the territory of a constituent entity of the Russian Federation;

the right to organize an economic assessment of the impact on the environment of economic and other activities, the implementation of environmental certification of the territory.

State regulation in the field of environmental protection and nature management: principles, tasks, correlation of civil-law and administrative-legal methods of management.

State regulation of nature management and environmental protection- this is the activity of the competent authorities defined by regulatory legal acts, aimed at preserving natural ecological systems and rational use of natural resources in order to ensure favorable conditions for human life.

TO main tasks state regulation in the field of nature management and environmental protection include: formation and improvement of the regulatory legal framework; the use of economic regulators of nature management (rationing, licensing, etc.); organizing and conducting state environmental expertise; implementation of state control and supervision in the field of environmental protection and nature management; implementation government controlled and state control in the field of organization and functioning of specially protected natural areas of regional significance; maintenance of the Red Book; development and implementation of programs and projects in the field of environmental protection, environmental safety, waste management, air protection; providing the population with information about the state of the environment, environmental education and education.

The content of the institution of environmental management regulation is characterized by principles :
1. The principle of legality in state regulation of environmental management and environmental protection. State and public organizations, officials, the state and its bodies act on the basis of legality. This requirement also applies to all citizens. The legality in the regulation of environmental use has two main aspects: precise and unswerving observance in the activities of regulation of all regulatory legal acts and making the right decision in the event of a conflict between the applicable legislation.
2. The principle of the priority of environmental protection also implies the presence of two main aspects: the requirements for the protection of ecological systems, the decision should be made based on the interests of the preservation of ecological systems and the use of some natural objects should not be harmful to others natural objects and the environment in general.

3. The principle of an integrated (comprehensive) approach in the process of state
management of natural resources and environmental protection is due to the objective law of the unity of nature, the general interconnection of phenomena occurring in nature. It manifests itself in the fact that within the framework of this type of management, all the functions arising from the legislation are implemented, all users of natural resources, called upon to perform environmental requirements, when making administrative decisions, all types of harmful impacts on the state of nature are taken into account, and their records are kept.

4. The principle of planned state regulation environmental management and environmental protection is as follows: the most important measures for the regulation of environmental management are fixed in plans, which, after their approval, become binding, and the results of the implementation of the developed plans and programs should be constantly monitored.

5. The principle of combining state regulation with local self-government is expressed as follows: the maximum involvement of citizens in the regulation of environmental management and the expansion of democratic principles in the regulation of environmental management should be accompanied by the establishment of a clearly defined individual responsibility of each for the entrusted area of work.

6. The principle of separation of economic and operational and control and supervisory functions in the organization of state management of nature management and nature protection, as a principle, it is manifested in the fact that bodies endowed with control and supervisory functions of management, use and protection of natural resources cannot perform the functions of economic use of the relevant resources. This principle should be applicable to specially authorized state bodies in the field of nature management and environmental protection.

Principles of delimitation of the subjects of jurisdiction and powers of state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation in the field of nature management and environmental protection.

The protection of the environment and the legislation on this activity are assigned to the subject of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Accordingly, federal laws and the laws of the constituent entities of the Federation should delineate the powers of all subjects of environmental activities, including local governments, and establish the legal foundations for this activity.

The legal ways of delimiting the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation are constitutional and contractual.

The delimitation of the powers of federal and regional state bodies is carried out in two directions: firstly, through a detailed listing in federal laws and treaties (agreements) of the powers of federal bodies and bodies of the subjects of the Russian Federation, and, secondly, through the delineation of powers on a territorial basis.

Most federal laws contain a direct list of subjects of jurisdiction of the constituent entities of the Russian Federation, and also establishes that their jurisdiction includes other issues that are not within the jurisdiction of the Russian Federation or federal government bodies ( Art. 6 Law on environmental expertise, Art. 47 LC RF, Art. 66 VK RF). Certain powers in a specific area of public relations in relation to the bodies of the subject of the Russian Federation cannot be established by federal laws due to the fact that the system of such bodies is established by the subject of the Russian Federation independently. The powers of the authorities of the constituent entity of the Russian Federation are "withdrawn" from the list of subjects of jurisdiction.

For a number of years, the delimitation of the powers of federal bodies and state authorities of the constituent entities of the Russian Federation was carried out not only by federal laws, but also by relevant treaties and agreements. The agreement between the state authorities of the Russian Federation and the constituent entities of the Russian Federation specified the subjects of joint jurisdiction, taking into account the characteristics of each constituent entity of the Russian Federation. The agreements contained a number of positive provisions, provided in connection with the need to strengthen environmental protection in the respective region.

IN currently such contractual practice has been discontinued, and the legislative division of powers between federal and regional authorities prevails.

According to item 2 Article 9 of the Federal Law “On Environmental Protection”, agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation on the transfer of the exercise of part of the powers in the field of relations related to environmental protection, are concluded in accordance with constitution RF and federal laws.

The Constitution of the Russian Federation regulates this issue in p.p. 2 And 3 art. 78, according to which the federal executive authorities, by agreement with the executive authorities of the constituent entities of the Russian Federation, may delegate to them the exercise of part of their powers, if this does not contradict the Constitution of the Russian Federation and federal laws. The executive authorities of the constituent entities of the Russian Federation, in turn, by agreement with the federal executive authorities, may delegate to them the exercise of part of their powers.

Federal executive authorities that have delegated the exercise of part of their powers to the relevant executive bodies of state power of a constituent entity of the Russian Federation by concluding agreements control compliance with the terms of these agreements and are responsible for the improper exercise of part of the delegated powers.

IN federal law dated October 6, 1999 "On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" also establishes mandatory information that should be contained in such agreements - these are the conditions and procedure for transferring the exercise of part of the powers, including the procedure for their financing, the duration of the agreement, the responsibility of the parties to the agreement , the grounds and procedure for its early termination, other issues related to the implementation of the provisions of the agreement.

The specific procedure for the preparation and approval of agreements, as well as the procedure for their approval by the Government of Russia, the introduction of amendments and (or) additions to them are enshrined in Rules conclusion and entry into force of agreements between the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation on the transfer by them to each other of the exercise of part of their powers (approved by Decree Government of the Russian Federation of December 8, 2008 N 924).

Art. 72 of the Constitution (joint jurisdiction of the Russian Federation and the Subjects)

Art. 5 FZ "On the protection of the environment. environment” (powers of state authorities of the Russian Federation in the field of environmental protection)

It should be noted that the decisions (which are usually qualified as resolutions) of international organizations do not have legislative significance, although they influence the creation of international law norms. Consequently, the influence on their parties is not directive, but advisory in nature, is realized only after the adoption of a particular recommendation. international organization determined by the state. This is one of the specific reasons for the herd management of international cooperation.

time is clear that the decision of all environmental issues within one country only by national efforts is no longer possible. Similar measures should be taken by other countries as well. The environmental impact of each of the countries far beyond its borders should also be controlled. We are talking about the cross-border passage of polluted water and air, the import of goods containing hazardous toxic components and and іn.

Independent solution of environmental problems by individual countries also becomes impossible because of the need to attract large material, scientific, intellectual and other resources. And it's not always a pleasure to do one country. For example, about 60,000 chemicals are now widely used in the world, and several hundred of them turned out to be dangerous (toxic, flammable, explosive, etc.). These substances enter the environment, pollute it and often adversely affect human health (for example, poisoning with substances buried in the "Love Canal" at the Niagara Falls in the USA, the elimination of the consequences of which cost $ 30 million). Almost 1,000 new chemicals appear on the world market every year, each with a sales volume of at least 1 ton. This encourages the adoption of all-regional and global decisions of the highest political level. It's time to say a weighty word and the so-called environmental diplomacy. It is it that is called upon to provide the proper conditions for the progressive and unhindered development of international environmental cooperation to unite the efforts of countries and peoples in the interests of preserving the environment, which implies the adoption of specific measures to correct the unfavorable environmental situation on the planet, in individual countries, in a particular region. From declarations to practical actions at the global, regional and national levels of environmental work - this is how one can formulate the credo of environmental diplomacy today.

It is noteworthy that environmental issues at the global level began to be considered in. The UN almost since its founding in 1962. General. Assembly. The UN adopted a resolution "economic development and environmental protection", in 1971 - the program "Man and the Biosphere", in which Ukraine is also involved. The program provides for an appropriate set of environmental studies and activities -. VVI is used, in particular, to protect the waters of the basin from pollution. Dnieper, protection from pollution. Donetsk region; rational use, restoration and strengthening of the protective functions of ecosystems. Carpathians; rational use and protection of natural resources. Polissia (in connection with the implementation of large-scale drainage reclamation), development and improvement of technological processes with a reduced amount of gas emissions into the atmosphere.

The central link and coordinator of international environmental cooperation is. UNEP. Program. United Nations Environment (UNEP) founded by the 27th session. General. Assembly in 1972 on the basis of the recommendations of the Nations. Conferences. United Nations on the Environment (Stockholm, 5-16 June 1972) to ensure the speedy and effective implementation by governments and international communities measures aimed at protecting and improving the environment. This organization is headquartered in Nairobi (Kenya) today has branches in all parts of the world.

The Stockholm Conference identified three main functional tasks of international environmental cooperation under the auspices. UNEP: environmental assessment (monitoring, information exchange) environmental management (targeting and planning, international consultations and agreements). Other activities (education, public information, technical cooperation.

It must be admitted that before practical international cooperation in the environmental sphere, a significant part of the countries joined with a noticeable delay. Declaring in words the commitment to the protection of the environment, they often remained outside the most important international events in the environmental sphere, in fact, they ignored the experience gained multilateral diplomacy in this domain. Yes, Soviet and. The Union, for purely political reasons, did not participate in the work. Stockholm conference. UN Environment. Because of this, there were financial difficulties, departmental problems, and most importantly, probably, the fear of revealing "secret" information about oneself and unjustified relying only on one's own strength. It was at the mentioned forum that the declaration was born, which laid the ideological foundations for international activities for environmental protection.

Now. UNEP carries out about a thousand projects and programs relating to all corners of the planet. The following environmental programs operate within its framework, such as: Global Environmental Monitoring System,. Global database of natural resources. International Register of Potential toxic substances,. Action plan. United Nations to Combat Desertification. Global Plan of Action for the Conservation of Marine Mammals. Tropic forest action plan. Sustainability Program inland waters,. World Soil Policy. Together with other organizations. UN. UNEP is involved in implementation. World Climate Program. International Geospheric-Biospheric Program "Global Changes". International Environmental Education Program,. Assistance programs for developing countries in solving problems in saving the environment.

last years. UNEP initiated the adoption of such important environmental documents as. Vienna Convention for the Protection of the Ozone Layer, Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Destruction. Under the auspices of this organization, a global convention on the conservation of the biological diversity of the planet is being developed. Such a wide range of possibilities. UNEP and its valuable scientific and practical experience in environmental work deserve close attention to Ukraine to solve its own urgent environmental problems.

In such an authoritative document as the "Final Act" of the Conference on Security and Cooperation c. Europe (1975), it was noted that the protection and improvement of the environment, the protection of nature and the rational use of its resources for the benefit of present and future generations, is one of the tasks that are of the greatest importance for the well-being of peoples and the economic development of all countries. Many problems on the environment, in particular in. Europe, can only be effectively addressed through close international cooperation.

In 1982 session. The UN adopted a document of historical importance - "World Charter for Nature" under the auspices. The UN was founded in 1983. The International Commission on Environment and Development, which produced an important report "Our common future for the future."

The problems of ecology on the scale of our planet were also considered on. International forum "For a nuclear-free world, for the survival of mankind", which took place in. Moscow in February 1987. Unfortunately, then in The USSR until its collapse was not a single state program environmental protection and rational use of natural resources. And life has shown that without a strong internal environmental policy, external environmental policy is unthinkable, and reliable international environmental safety is impossible.

The lack of significant achievements in environmental protection in most countries had a negative impact on the consideration of the environmental factor in foreign policy. Decisions and resolutions in the field of the environment, adopted at the international level, had little effect on improving ecological state. For example, the resolution of the 35th session. General. Assembly. The UN "On the historical responsibility of the Russian Academy of Medical Sciences for the conservation of nature. Earth for present and future generations" (1981) for many countries has remained only a good call to action. Certainly, even now different countries have unequal financial possibilities for the implementation of international agreements, in particular, if the intellectual potential of Ukraine seems sufficient for this, then the material possibilities are rather limited. And it is impossible not to take into account the plan of comfort and implementation of eco-political Western political approaches.

As already noted, the organization of international environmental cooperation at the regional and interregional levels could set an example. Europe. It is to her that the proposal is addressed to form a system of environmental safety and implement a long-term continental environmental program. For this there is a reliable organizational structure-. European Economic Commission. The United Nations with its rich experience in the field of finance and environmental projects. It is positively perceived by the public and readiness for constructive continental cooperation on environmental issues is declared. European. Community and. Council. Europeanop.