Increasingly, the environment and the problems of its protectionbecome the subject of discussions not only of specialized organizations, but of the whole society as a whole. Therefore, there is a need for the timely creation and implementation of special norms that would encompass and effectively use environmental law.
Sources of this branch of legislation are diverse and require thoughtful consideration and systematization, which is proposed to be considered below.
General Provisions on Sources
The legal doctrine understands under this phenomenonthe whole set of acts, the norms of which contain legal regulation of the considered branch of law. However, various scientists offer a variety of options for dividing them into species. Thus, the system of environmental law sources can be carried out according to two main criteria:
The classifications presented are typicalpractically for all components of the legal field of the country. But it is the industry in question that has its own special method of division. The given system of sources of the ecological right on a principle of definition of object is based. And because it distinguishes such sub-sectors as faunistic, floristic, cosmic, air, branch of the earth's interior and so on.
The most acceptable for understanding is still the second of the systematisations considered, which will be considered below.
Sources of environmental law: detailed consideratione
The first in a number of sources and actually beingThe basis for the adoption of others is the constitutional act. As a rule, it contains norms-priorities and norms-objectives, on which ecological law is based. Sources that will be discussed below do not have the right to contradict these defining concepts. As a rule, in this act, the human right to a healthy environment, to preserve natural diversity and the corresponding beginnings about the use of natural resources are laid.
The second in a number of sources is the international act. As a rule, its position is dual: until it has passed the ratification procedure, it can not be considered a source. In this case, the international treaty is a kind of "educational tool". However, after it was adopted into the system of state legislation, it acquires the force exceeding the validity of the Constitution, unless otherwise specified in the legal framework. A characteristic feature of such kind of environmental treaties is their dualistic nature. On the one hand, they can contain peremptory norms, and on the other hand, only indicate the directions of action in the recommendatory key.
The third in a number of sources is the law. Environmental law can operate both specialized and general rules of law. In this case, this form of expression of the rules of law details the procedure for the implementation of norms-goals, laid down in the first two types.
Sources of environmental law include and various by-laws. Their role in this case is reduced to two essential points:
They include the law-making activity of the entire government, the President, as well as the administrative units of the country (districts, districts, autonomous republics and similar subjects).
It should be noted that the sources of environmentalrights differ from their "brethren" in that they are in a dynamic. This circumstance is explained by the fact that the ecological situation throughout the world is in a state of critical decline. So, it is necessary to consolidate at the state level the rules not only for the use of wealth, which nature gives to the country, but also take measures to restore stocks, protect against encroachments and other activities that can have a salutary effect on the environment.
From all of the above, it follows that the sources of environmental law are a dynamic institution of legal science that incorporates not only national but also international law.
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