Editura Universitara Environmental Law Treaty

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90,00 Lei 65,70 Lei

ISBN: 978-606-28-0140-3

DOI: 10.5682/9786062801403

Publisher year: 2014

Edition: a V-a, revizuita si adaugita

Pages: 858

Publisher: Universitară

Author: Daniela Marinescu, Maria-Cristina Petre

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The conservation and protection of the environment is the vital condition of the existence of life on Earth.
Medicine and biology, botany and zoology, physics and chemistry, paleontology, other sciences and, last but not least, legal sciences, each in their field of concern, defend with specific means the health and life of people, of the environment in general, thus coming in support of states, governmental and non-governmental organizations and civil society, which today, more than ever, put environmental issues at the forefront.
This paper is addressed both to people working in various institutions, businesses, researchers, students and the general public, being an important legal tool for ecological education, knowledge of natural and anthropogenic risks to the environment and legislative measures to defend its components, in order to develop sustainably.

DANIELA MARINESCU
MARIA-CRISTINA PETRE

PART I
OVERVIEW OF ENVIRONMENTAL LAW
/ 7

CHAPTER I
INTRODUCTORY PROBLEMS
/ 9
1. Environmental protection - the vital problem of the contemporary world / 9
2. Environmental policies. National strategies, plans and programs / 13
3. World conferences in the field of environmental protection and main documents adopted / 19
4. Pollution and its implications / 23

CHAPTER II
REGULATION OF HUMAN-NATURE RELATIONS OVER TIME. FROM NATURE LAW TO ENVIRONMENTAL LAW
/ 31
1. The stages of organizing and legislating the protection of the environment in Romania / 31
2. Concerns of the different states of the world to regulate internally and internationally the human-nature relationship / 43
3. The notion of environment and the notion of natural resources / 47

CHAPTER III
ENVIRONMENTAL LAW AS AN AUTONOMOUS BRANCH
/ 52
1. Considerations for recognizing the emergence of a new branch of law / 52
2. The object of environmental law / 54
3. Regulatory method / 56
4. Definition of environmental law / 57
5. Sources of environmental law / 57
6. Principles of environmental law / 61
A. Internal principles / 62
B. External principles / 88
7. The basic strategic elements provided by the Government Emergency Ordinance no. 195/2005 on environmental protection / 97
8. Ways of implementing the principles and strategic elements / 97

CHAPTER IV
LEGAL ENVIRONMENTAL LAW REPORT
/ 99
1. Definition and specific characters / 99
2. Sources of the legal report on environmental law / 99
3. The quality of the subjects of the legal report / 100
4. Categories of environmental law reports / 100
5. The content of the legal report on environmental law / 101
6. The object of the legal report on environmental law / 102

CHAPTER V
BOUNDARIES OF ENVIRONMENTAL LAW FROM OTHER BRANCHES OF LAW
/ 103
1. General considerations / 103
2. Delimitation from constitutional law / 103
3. Delimitation from civil law / 104
4. Delimitation from administrative law / 104
5. Delimitation from the agrarian law / 105
6. Delimitation from the law of urbanism / 105

CHAPTER VI
THE PLACE OF ENVIRONMENTAL LAW IN THE LAW SYSTEM
/ 107
1. General considerations / 107
2. Tasks of environmental law / 107
3. Features and functions of environmental law / 108

CHAPTER VII
ASPECTS OF ECONOMIC AND FINANCIAL POLICY IN THE FIELD OF ENVIRONMENTAL PROTECTION
/ 110
1. General notions / 110
2. Different theories regarding the forms of self-interest of people in environmental protection and development / 111
3. Economic and financial measures / 113
4. Other means and fiscal facilities / 118

PART II
CONSERVATION, DEVELOPMENT AND PROTECTION OF NATURAL ENVIRONMENTAL COMPONENTS
/ 119

TITLE I
LEGAL REPORTS ON THE PROTECTION OF ABIOTIC ENVIRONMENTAL FACTORS
/ 121

CHAPTER VIII
ATMOSPHERE
/ 121
1. Notion / 121
2. The main causes and effects of air pollution / 121
3. Protection of the atmosphere in domestic law / 125
4. National regulations on the protection of the ozone layer / 136
5. Romania's obligations in international documents on climate change. National Strategy and National Climate Change Action Plan / 138
6. Liability for non-compliance with the legal regime regarding the protection of the atmosphere / 150
7. Atmosphere protection internationally / 151
8. Protection of outer space / 162

CHAPTER IX
WATER
/ 165
1. General considerations / 165
2. Water classification / 167
3. Water pollution in general / 168
4. The legal regime of waters in Romania / 171
5. Legal measures regarding the integrated management of the coastal zone / 203
6. International water protection / 213
A. Protection of international rivers and lakes / 213
B. Protection of the seas and oceans / 226

CHAPTER X
SOIL AND SOIL
/ 255
1. General considerations regarding soil degradation / 255
2. Legal measures for protection and sustainable soil conservation in our country / 259
3. Basement protection / 265
4. Contraventional and criminal liability in the field of protection and improvement of soil and subsoil / 266

TITLE II
LEGAL RELATIONS REGARDING THE PROTECTION OF NATURAL RESOURCES AND THE SUSTAINABLE CONSERVATION OF BIODIVERSITY
/ 267

CHAPTER XI
SUSTAINABLE CONSERVATION AND DEVELOPMENT OF THE FOREST FUND
/ 269
1. General considerations / 269
2. The notion of forest and forest background / 271
3. Classification of forests from the national forest fund / 274
4. Property on the forest fund / 275
5. Forest fund management and sustainable forest management / 276
6. The circulation of the lands from the forest fund / 280
7. Protection and guarding of the national forest fund / 285
8. Products specific to the national forest fund / 289
9. Responsibilities and sanctions / 290

CHAPTER XII
PROTECTION OF OTHER FORMS OF TERRESTRIAL VEGETATION
/ 295
1. Protection of forest vegetation outside the forest fund / 295
2. Protection of meadows and natural meadows / 296
3. Protection of cultivated plants / 299
4. Protection of internationally cultivated plants / 310

CHAPTER XIII
PROTECTION OF TERRESTRIAL AND AQUATIC FAUNA
/ 313
A. National regulations / 313
1. Animal protection in general / 313
2. Protection of wild animals and especially those subject to hunting / 319
3. Protection of wild animals and birds from zoos and aquatic fauna / aquariums / 332
4. European Union rules on international trade in species of wild flora and fauna / 334
5. Domestic animal protection measures / 336
6. Protection of animals used for scientific purposes / 339
7. Protection of the fish stock / 341
B. International regulations on animal protection and conservation / 348

CHAPTER XIV
PROTECTION AND CONSERVATION OF NATURAL AREAS
/ 363
1. From the notion of “reservation” to that of “protected natural area” / 363
2. The principles underlying the regulation of the national network of protected natural areas / 367
3. Categories of natural areas and protection areas of natural heritage assets. Establishment of the legal regime / 368
4. Administration of the network of protected natural areas of national interest / 374
5. Conservation of habitats and species / 380
6. Conservation of other natural heritage assets / 385
7. Organization and exercise of control / 386
8. Sanctions / 387
9. Protection of the mountain area / 388
10. The legal regime of the “Danube Delta” Biosphere Reserve / 392
11. Regulations on nature protection at international level / 400

CHAPTER XV
PROTECTION OF LIFE IN ANTARCTICA
/ 407

CHAPTER XVI
POPULATION AND ENVIRONMENT
/ 415
1. General notions / 415
2. Quality of life and the factors that influence it / 417
3. Ensuring the health of the population / 418
4. The fundamental human right to a healthy environment / 422
5. Population and environment in international regulations / 430

PART III
LEGAL RELATIONS REGARDING THE PROTECTION OF FACTORS CREATED BY HUMAN ACTIVITY
/ 435

CHAPTER XVII
ENVIRONMENTAL PROTECTION IN HUMAN SETTLEMENTS
/ 435
1. General considerations / 435
2. The concept of human settlement from the perspective of social ecology / 436
3. The objectives of environmental protection in human settlements / 437
4. Protection of natural environmental factors in human settlements / 442
5. Spatial planning and urbanism plans and their role in environmental protection in human settlements / 445
6. Attributions and responsibilities of the central and local public authorities regarding the territory of human settlements. The role of the community services of public utilities and of the sanitation service of the localities in the development on ecological principles of the localities / 448
7. Specific aspects regarding the protection of the environment in the penitentiary administration system from human settlements / 451

CHAPTER XVIII
APPLICATION OF ECOLOGICAL PRINCIPLES IN CARRYING OUT DIFFERENT ACTIVITIES IN HUMAN SETTLEMENTS
/ 454
1. Procedure for regulating activities with environmental impact / 454
2. Environmental audit / 471
3. Carrying out construction activities in human settlements, in compliance with environmental protection regulations / 476
4. Production and service activities with direct implications for human health and the quality of the environment / 480

CHAPTER XIX
LEGAL ASPECTS OF MAINTAINING THE ECOLOGICAL BALANCE IN AGRICULTURE
/ 512
1. Development of agriculture in accordance with the ecological requirements and other priorities in the field of the European Union / 512
2. Legal regime of phytosanitary products / 517
3. Legal regime of fertilizers used in agriculture and forestry / 521

CHAPTER XX
REGIME OF HAZARDOUS SUBSTANCES AND PREPARATIONS, AS WELL AS WASTE OF ANY KIND
/ 524
1. The legal regime of dangerous substances and preparations / 524
2. Legal regime of waste / 534
3. Safe management of radioactive waste and spent nuclear fuel / 557
4. Cross-border transport of hazardous waste and goods / 574
5. The legal regime of narcotics and other psychotropic substances / 579
6. Legal regime of explosive materials / 605

CHAPTER XXI
USE OF NUCLEAR ENERGY. RADIOACTIVE POLLUTION AND RADIATION PROTECTION
/ 609
1. Peculiarities of radioactive pollution / 609
2. Principles and conditions for carrying out nuclear activity in Romania / 613
3. Export control for non-proliferation of nuclear weapons / 634
4. Surveillance of the health condition of the personnel professionally exposed to radiation and of the population; monitoring of environmental radioactivity / 636
5. International cooperation in the field of peaceful applications of nuclear energy / 643
6. Prevention and repression of acts of nuclear terrorism / 656
7. International control of nuclear weapons and other weapons using various forms of energy and mass destruction / 659
8. Environmental protection and armed conflicts / 671
9. Environmental protection in case of calamities and disasters / 673

PART IV
LEGAL RESPONSIBILITY IN ENVIRONMENTAL LAW
/ 685

CHAPTER XXII
CONDITIONS AND FORMS OF LEGAL LIABILITY / 687
1. General considerations / 687
2. Liability for environmental damage according to Government Emergency Ordinance no. 195/2005 on environmental protection, with subsequent amendments and completions / 688
3. Environmental liability with reference to the prevention and repair of environmental damage / 689
4. Delinquent civil liability / 705
5. Special regulations regarding tortious civil liability in environmental law / 732
6. Contraventional liability in environmental law / 744
7. Criminal liability / 748
8. The role of the ecological inspection and control body, as well as of the voluntary actions in the prevention and sanctioning of the reprehensible facts towards the environment / 754

CHAPTER XXIII
PARTICULARITIES OF STATE RESPONSIBILITY IN THE FIELD OF ENVIRONMENTAL PROTECTION IN ACCORDANCE WITH INTERNATIONAL CONVENTIONS AND TREATIES
/ 759
1. General considerations / 759
2. Elements of liability. Particularities / 760
3. Subjective liability / 766
4. Objective liability / 767
5. Liability for damages to the common heritage of mankind / 772
6. Material responsibility for international crimes / 773

PART V
SPECIALIZED NATIONAL AND INTERNATIONAL STRUCTURES OR WITH ATTRIBUTIONS IN THE FIELD OF ENVIRONMENTAL PROTECTION
/ 777

CHAPTER XXIV
DUTIES AND COMPETENCES OF NATIONAL AUTHORITIES IN THE FIELD OF ENVIRONMENTAL PROTECTION
/ 777
1. General considerations / 777
2. The system and the competences of the public authorities of the power and administration in the field of environmental protection / 778
3. The role of non-governmental organizations in environmental protection / 801
4. Environmental protection - obligation incumbent on all natural and legal persons / 803

CHAPTER XXV
WORLD, REGIONAL AND SUBREGIONAL ORGANIZATIONS. THE CONTRIBUTION OF THE INSTITUTIONS OF THE EUROPEAN UNION TO THE SUSTAINABLE CONSERVATION AND DEVELOPMENT OF THE ENVIRONMENT WITHIN THE STATES MEMBERS OF THE EUROPEAN UNION
/ 805
1. General considerations / 805
2. United Nations and the environment / 806
3. Specialized organizations of the UN with attributions and contributions in the field of environmental protection / 808
4. Organizations specialized in the field of environmental protection / 816
5. Regional organizations / 817
6. Subregional organizations / 820
7. The contribution of the European Union institutions to the conservation and sustainable development of the environment / 822

PART VI
NATIONAL SYSTEM FOR SURVEILLANCE OF ENVIRONMENTAL FACTORS. INTERNATIONAL ASPECTS
/ 833

CHAPTER XXVI
INTEGRATED NATIONAL MONITORING SYSTEM
/ 835
1. Organization of the integrated national monitoring system / 835
2. Circulation and data processing / 838
3. Monitoring of environmental factors / 838
4. Aspects regarding the quality monitoring of the environment at international level / 849





 

The conservation and protection of the environment is the vital condition of the existence of life on Earth.
Medicine and biology, botany and zoology, physics and chemistry, paleontology, other sciences and, last but not least, legal sciences, each in their field of concern, defend with specific means the health and life of people, of the environment in general, thus coming in support of states, governmental and non-governmental organizations and civil society, which today, more than ever, put environmental issues at the forefront.
This paper is addressed both to people working in various institutions, businesses, researchers, students and the general public, being an important legal tool for ecological education, knowledge of natural and anthropogenic risks to the environment and legislative measures to defend its components, in order to develop sustainably.

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