International Legal Aspects of the Environment Protection in Modern Conditions

  • Zhuldyz Baimuratkyzy UMBETBAYEVA International Relations Faculty, International Law Department Al-Farabi Kazakh National University, Almaty, Republic of Kazakhstan
  • Ualikhan Akypbekovitch AKHATOV Law Faculty, Department of the Theory and History of State and Law Constitutional and Administrative Law, Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Bakhytzhan Zhursunovitch KUANDYKOV Al-Farabi Kazakh National University Law Faculty, Department of the Theory and History of State and Law Constitutional and Administrative Law Almaty, Republic of Kazakhstan
  • Madiyar Nurdavletovitch UMBETOV Al-Farabi Kazakh National University, Law Faculty Department of the Customs, Financial and Ecological Law Almaty, Republic of Kazakhstan
  • Nursultan Bakytbekovitch KALKASHEV Al-Farabi Kazakh National University, Law Faculty Department of Civil Law, Civil Procedure and Labor Law Almaty, Republic of Kazakhstan

Abstract

The international legal system, the basis of every international law are specific guidelines to the industry. As a ‘support structure’ of each industry are the basic principles of international law, but each branch of international law, and has its branch principles. The need for comprehensive application of the rules of international environmental and international economic law specifies the relationship and interaction of the special principles of these two branches of international law, which are considered in this section of the dissertation research.
The appearance of the principles of international law ‘gave international law a completely new quality - right forces has given way to the force of law.’ In the science of international law, there are several approaches to the classification of the principles of international law. Russian science has traditionally allocates the basic (common) principles of international law and the specific principles of international law. Today, the development of the principles of international law affect global problems, most of which have economic and environmental dimension.
Nature is not a free application to the economy; it has its own value. Final Act of the CSCE in 1975, provides that States Parties undertake to promote the progressive development, codification and implementation of international law as a means of preservation and improvement of the human environment, including principles and practices that have been adopted by them with regard to combating pollution and other damage to the the environment, arising from activities undertaken within their jurisdiction or control and influence other countries and areas.
The principles complement each other, and the application of the principle of due to the use of others. The content of the universally recognized principles of international law is specified in the specific principles of the relevant branches of international law. Since general international law, in addition to the principles underlying its entire system of norms, includes such principles are based on the first, form the basis of the relevant international law sector. It should be noted that the system of special principles of international environmental law is in the making. International instruments contain various lists of principles of international environmental law, the same can be said about the international legal doctrine. In particular, many States have recognized principles of international environmental law legally binding. The principles of international environmental law are reflected in international treaties, acts of international organizations, State practice and rules of soft law ... is potentially applicable to all members of the international community.

References

[1] Anderson, R. W. 2016. Native American reservation constitutions. Constitutional Political Economy, 1-22. doi: 10.1007/s10602-016-9225-7
[2] Bäumler, J. 2017. Einleitung: Problemstellung und Gang der Darstellung. In Das Schädigungsverbot im Völkerrecht: Eine Untersuchung anhand des Umwelt-, Welthandels- und Finanzvölkerrechts, 1-12. Berlin, Heidelberg: Springer Berlin Heidelberg.
[3] Daleure, G. 2017. Emiratization Progress and Challenges. In Emiratization in the UAE Labor Market: Opportunities and Challenges, 113-119. Singapore: Springer Singapore.
[4] Daleure, G. 2017. Introduction to Sustainable Employment. In Emiratization in the UAE Labor Market: Opportunities and Challenges, 1-5. Singapore: Springer Singapore.
[5] Daleure, G. 2017. Social Transitions Contributing to Emirati Unemployment. In Emiratization in the UAE Labor Market: Opportunities and Challenges, 85-94. Singapore: Springer Singapore.
[6] Guadagno, L. 2017. Human Mobility in a Socio-Environmental Context: Complex Effects on Environmental Risk. In Identifying Emerging Issues in Disaster Risk Reduction, Migration, Climate Change and Sustainable Development: Shaping Debates and Policies, edited by Karen Sudmeier-Rieux, Manuela Fernández, M. Ivanna Penna, Michel Jaboyedoff and J. C. Gaillard, 13-31. Cham: Springer International Publishing.
[7] Hassan, Kamal Halili, Sakina Shaik Ahmad Yusoff, Maizatul Farisah Mokhtar, and Kartini Aboo Talib Khalid. 2016. The use of technology in the transformation of business dispute resolution. European Journal of Law and Economics, 42 (2):369-381. DOI: 10.1007/s10657-012-9375-7
[8] Ilčev, S. D. 2017. Propagation and Interference Consideration. In Global Mobile Satellite Communications Theory: For Maritime, Land and Aeronautical Applications, 393-454. Cham: Springer International Publishing.
[9] Ilčev, S. D. 2017. Transmission Techniques. In Global Mobile Satellite Communications Theory: For Maritime, Land and Aeronautical Applications, 189-300. Cham: Springer International Publishing.
[10] Jakhu, R.S., Pelton, J. N., and Nyampong, Y.O.M. 2017. Conclusions and the Way Forward. In Space Mining and Its Regulation, 145-151. Cham: Springer International Publishing.
[11] Jakhu, R.S., Pelton, J. N. and Nyampong, Y.O.M. 2017. The International Legal Framework. In Space Mining and Its Regulation, 113-130. Cham: Springer International Publishing.
[12] Jakhu, R.S., Pelton, J. N. and Nyampong, Y.O.M. 2017. Space Enterprises in Russia and the Former Soviet Union. In Space Mining and Its Regulation, 73-84. Cham: Springer International Publishing.
[13] Jakhu, R.S., Pelton, J. N. and Nyampong, Y.O.M. 2017. U.S. Space Exploration and Planetary Resources. In Space Mining and Its Regulation, 41-58. Cham: Springer International Publishing.
[14] Matthews, D., and Veitch, S. 2016. The Limits of Critique and the Forces of Law. Law and Critique, 27 (3): 349-361. doi: 10.1007/s10978-016-9192-1
[15] Munro, A., and Valente, M. 2016. Green Goods: Are They Good or Bad News for the Environment? Evidence from a Laboratory Experiment on Impure Public Goods. Environmental and Resource Economics, 65 (2): 317-335. doi: 10.1007/s10640-015-9898-9
[16] Reeves, C. 2016. Adorno, Freedom and Criminal Law: The ‘Determinist Challenge’ Revitalised. Law and Critique, 27(3):323-348. doi: 10.1007/s10978-015-9171-y
[17] Vargas, N., Begoña Lloria, M., and Roig-Dobón, S. 2016. Main drivers of human capital, learning and performance. The Journal of Technology Transfer, 41 (5): 961-978. doi: 10.1007/s10961-016-9483-6
[18] Wanka, A. 2017. Spaces and practices of privacy in older age. In Räume und Kulturen des Privaten, edited by Eva Beyvers, Paula Helm, Martin Hennig, Carmen Keckeis, Innokentij Kreknin and Florian Püschel, 85-107. Wiesbaden: Springer Fachmedien Wiesbaden.
[19] Warwas, B. A. 2017. Status and Functions of Modern Arbitral Institutions. In The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses, 19-116. The Hague: T.M.C. Asser Press.
[20] Wilkerson, A., Fisher, J., and Fletcher, W. 2016. Composing Disability: Diagnosis, Interrupted. Journal of Bioethical Inquiry, 1-4. doi: 10.1007/s11673-016-9750-0
Published
2017-02-11
How to Cite
UMBETBAYEVA, Zhuldyz Baimuratkyzy et al. International Legal Aspects of the Environment Protection in Modern Conditions. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 6, p. 1528-1538, feb. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/648>. Date accessed: 14 nov. 2024.
Citation Formats
Issue
Vol 7 No 6 (2016): Vol 7, No 6(2016): JARLE, Volume VII, Issue 6(20), Fall 2016
Section
Articles

Keywords

ecology; management, law; structure; development; determination; the ability; cooperation

The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.