O presente trabalho visa à realização de um estudo sobre a possibilidade de os Municípios editarem leis aumentando a proteção ambiental em seu território, assim como os eventuais limites de referida atuação. Este estudo inicia-se com a análise da repartição de competências, notadamente sobre os poderes atribuídos aos Municípios pela Constituição Federal de 1988. O ente municipal recebeu deveres e competências mais abrangentes e, por estar mais próximo dos interesses dos cidadãos, precisa utilizar-se dessas competências para cumprir os deveres que lhe são impostos, especialmente no artigo 225 da Carta Magna. A edição de leis ambientalmente mais protetivas pelos Municípios acabou por ser questionada no Poder Judiciário, em razão da alegada falta de competência deste ente para a edição das referidas leis. Assim, multiplicaram-se nos últimos anos as Ações Diretas de Inconstitucionalidade contra a edição das leis municipais que buscavam proteger o meio ambiente local. Neste trabalho serão analisados alguns casos que afetam mais diretamente a população e que têm gerado debates mais profundos na doutrina e jurisprudência, especialmente no Tribunal de Justiça de São Paulo e no Supremo Tribunal Federal. Ao final, a partir da análise de cada caso concreto tratado, em diálogo com o refencial teórico, poder-se-á verificar as possibilidades da atuação do Município na edição de referidas leis ambientais, assim como os limites desta atuação frente à existência da legislação estadual e nacional. / This paper is intended to conduct a study on the possibility of local government authorities to edit laws aiming to increase environmental protection within their relevant territories, as well as to rule any limits to such extent. The present study begins with the analysis of the allocation of competent jurisdiction, notably with respect to the powers granted to Municipalities pursuant to the Brazilian Federal Constitution of 1988. The local government authority was bestowed more comprehensive duties and jurisdiction and, precisely for the fact that it is closer to citizens interest, it must avail itself from such jurisdiction so as to fulfill the duties imposed upon it, particularly those under Section 225 of the Brazilian Federal Constitution. The enactment of more protective environmental laws by Municipalities was challenged in courts on the grounds of alleged lack of jurisdiction on the part of Municipalities for purposes of the enactment of such laws. Hence, for the past years several suits challenging the enactment of municipal laws on local environment protection were filed. This paper addresses some of the cases that most directly affect population and which have given rise to heated debate on legal books of authority and case law, particularly in the Court of Appeals of the State of São Paulo and the Federal Supreme Court. As a final point, from the analysis of each case addressed herein, one shall be able to infer to which extent a certain Municipality is entitled to interfere in the enactment of these environmental laws, as well as the limits of the interference thereon vis-à-vis Brazilian state and federal legislation.

Atualmente, a soberania ainda é tida como um poder supremo que qualifica cada Estado diante dos demais, porém, com o desenvolvimento do DIMA, ao longo das últimas décadas, a responsabilidade de cada Estado tornou-se uma responsabilidade de toda a sociedade internacional, com relação à proteção do meio ambiente. Desta forma, os Estados não podem mais justificar a ineficácia da proteção do meio ambiente, dentro de seu território, sob o argumento do exercício supremo de sua soberania. A Sociedade Internacional tem enfrentado dificuldades, no âmbito internacional, como resultado da crise de governabilidade, das discrepâncias e dos objetivos nada solidários demonstrados pelos Estados. Há uma tensão entre a concreta e efetiva proteção ambiental, no âmbito internacional, e o suposto entrave da soberania estatal, tensão esta fundamentada em princípios tradicionais que, se ao seu tempo já tiveram seu devido valor, atualmente, já não conseguem dar respostas mais complexas exigidas pelo constante desenvolvimento do DIMA, fazendo surgir, assim, a tentativa de se explicarem novos institutos jurídicos. A presente dissertação pretende demonstrar que a soberania e a proteção do meio ambiente não são conceitos antagônicos, ao contrário, são fundamentos que se apresentam interligados, uma vez que a proteção do meio ambiente é uma das funções primordiais do Estado soberano, revelado pelo bem-estar de seu povo. Assim, o conceito de soberania deveria ser repensado, uma vez que o axioma clássico de soberania atrelada à característica da supremacia do Estado, atualmente, tem prejudicado, no âmbito interno e externo aos Estados, a efetiva e concreta aplicação das normas do DIMA, objetivando-se assim proteger o meio ambiente. / Currently, sovereignty is still regarded as a supreme power which qualifies each nation before others. However, with the development of International Environmental Law over the last decades, the responsibility of each sovereign state became a responsibility of the entire international community regarding environmental protection. Consequently, nations can no longer justify the ineffectiveness of the environmental protection within their own territory by claiming the supreme exercise of their sovereignty. The international community has been facing difficulties that result from the governability crisis, discrepancies and the self-centered goals set by nations. There is a tension between the effective environmental protection at the international level and the supposed barrier of state sovereignty. Such tension is grounded in traditional principles that can no longer meet the demands for increasingly more complex responses under International Environmental Law, which brings forth an attempt to explain new legal institutes. This work aims to demonstrate that sovereignty and environmental protection are not opposing concepts, rather, they are interconnected concepts, since environmental protection is one of the primary functions of a sovereign state, expressed by the welfare of its people. Thus, since the classical axiom of sovereignty, linked to the characteristic of the states supremacy, has undermined the effective implementation of the rules of International Environmental Law, both internally and externally, the concept of sovereignty should be rethought, with the aim of protecting the environment.

LL.D. / Due to a democratic policy of transparency, responsibility and accountability, government organisations in the 'new' South Africa will have to properly and thoroughly plan and manage all facets of the national economy. Planning of land rights, - development and environmental conservation is necessary to manage the housing shortage, industrial and agricultural development and the principles of the Development Facilitation Act and the reconstruction and development programme. Town-, regional- and environmental conservation planning (especially managing of natural resources) is of vital importance. The role of the community, public participation, opinions and input is vital and desirable. New legislation in terms of town- and regional planning matters is however not completely in place. Administrative law, particularly the administrative justice stipulation in the constitution, plays an important and integral role in terms of the duties of town planning tribunals, developmental facilitation tribunals, town councils, ministers, provincial premiers and members of executive committees' powers and functions. The relevant legislation in Gauteng Province is the Development Facilitation Act, Town planning and Townships Ordinance (Tvl), the Local Government Transition Act,' the Gauteng Removal of Restrictions Act, 2 town planning schemes and the Environmental Conservation Act. This list is not a numerus clausus and will be discussed further below. The basis and practical area of application of all this legislation is administrative law. The administrative justice stipulation in the Constitution plays a vital and essential role in the implementation and execution of such legislation.

While the National Park Service is charged with interpreting and preserving areas designated as park resources, they must also manage environmental issues such as erosion resulting from climate change. This research sets out to narrate how Palo Seco, Puerto Rico, a neighboring community of the San Juan National Historic Site, perceives similar environmental conditions and motivations for addressing these issues. My research sits at the intersection between the park’s charter and understanding community implications of environmental changes that affect local heritage. Using Authorized Heritage Discourse and environmental justice as theoretical frameworks, I suggest that the National Park Service should include the observations of climate change from Palo Seco community to broaden Park Service’s understanding and preservation policies. I also recommend the National Park Service utilize cultural resource management guidelines to develop programs that facilitate collaborative research projects with the Palo Seco community to not only address mutual issues of climate changes but also document local heritage knowledge that can enhance the Park’s interpretation and preservation efforts.

Phytosanitary care as a part of environmental law consists of multiple actions and procedures which aim to guarantee plant health and favourable status of the environment. Mostly, we are talking about plant care related to various agricultural activities. It is necessary to achieve these objectives while keeping the crop yields and its quality on certain level. Regarding the above mentioned, it is desirable to keep looking for new technologies and options which are effective and ecological at the same time. Currently, the focus is on reduction of the chemical preparations use level which have an adverse effect on the environment including animals and plants exposed to their negative impact. As well as the impact on human health. To gather relevant information and data, long- term observations and measurements are crucial since the negative effects may occur long time after exposure to certain chemicals. Very important is also the role of research and analyses which determine subsequent procedures. Based on these inputs the important information may be spread via education and publishing means - this part is essential for enhancing and supporting general awareness of related topics. Public awareness is absolutely fundamental since phytosanitary issues are related to a great amount of people who can...

Environmental Impact Assessment is one of internationally recognised tools providing environmental protection. Purpose of the assessment is to identify and comprehensively evaluate environmental impact of a project with participation of the public, professionals and administrative bodies, prior to the realisation of the project. Information gained through this process is then used as a basis for decision making in procedures granting development or other consents. The thesis aims to analyse in particular the Czech environmental impact assessment law with emphasis on its recent amendment and reasons of its implementation.

The subject of the thesis is right to information on the environment in the context of the free access to information. It is a progressive area of international law and czech law as well. Their common aim is to guarantee right to information to everybody without exceptions and to remove effectively the obstacles in access to the information. Environmental information are useful instrument for establishment and strengthening of civil society. This thesis aims at anaylising the content, importance and position of all the principal sources of law and determines relationship between them. The thesis puts emphasis on the analysis of the czech law and on finding its possible deficiency.

PRÁVO NA INFORMACE O ŽIVOTNÍM PROSTŘEDÍ | 1 Right to information on the environment ABSTRACT The objective of this thesis is to outline a regulation of the right to environmental information. There are many various reasons for ensuring broad access to environmental information. Apart from necessity of open and transparent government and the general right to know condition of the environment people are living in, the access to environmental information is also recognised as one of the regulatory instruments of the environmental policy. The access to relevant information is a vital assumption for public participation in environmental protection activities, as only broad awareness of environmental matters can develop deeper understanding of the issue and influence the future behaviour and decisions of general public. The thesis is composed of four parts which are further divided into chapters and where appropriate also into subchapters. The first introductory part focuses on bases and reasons for legal regulation of the access to environmental information and contains of two chapters. First chapter concerns the general right to information as one of the internationally accepted human right and the second analyses reasons and development of special treatment of information on environment. Part Two of...

Magister Legum - LLM / This study unveiled the trade-environment debate which has been revolving in the World Trade Organization for quite a long time now. While economic integration and trade liberalization offer the promise of growth and prosperity, environmentalists fear that free trade will lead to increased pollution and resource depletion. On the other hand, free traders worry that over-reaching environmental policies will obstruct efforts to open markets and integrate economies around the world. Trade liberalization has the potential to affect the environment both positively and negatively. Trade and environment tensions have therefore emerged as a major issue in the debate over globalisation. This paper examined the contours of these tensions and argued that trade policy and environmental programs can be better integrated and made more mutually supportive. / South Africa

In recent years, there has been a great deal of debate about the pervasiveness and persistence of neoliberal thinking. In the context of the post-2008 ‘great recession’ the resilience of neoliberalism is particularly confounding. To begin to unravel the ways in which neoliberalism is situated relative to risk, this study identifies an increasingly important neoliberal knowledge practice: malagnogenesis. Malagnogenesis is proposed herein as the production of ignorance that normalizes harm for and amongst marginalized populations. To shed light on the phenomena of malagnogenesis, this study investigated the history of leaded gasoline in the U.S. To that end, I followed the production of ignorance from the introduction of gasoline lead additives in the early 1920s to the contemporary discursive failure surrounding the impact that leaded gasoline has had on late 20th century urban crime rates. Finally, this study supported the hypothesis of malagnogenesis in academia via a survey of academics.