Vinohradnictví a vinařství z pohledu práva 2018 Viniculture and wine production from the legal point of view Abstract This thesis focuses on the existing legal regulation of viticulture and winemaking in the Czech Republic and aims to provide a comprehensive overview of the related legal norms. As the legal regulation of viticulture and winemaking is part of environmental law, the thesis focuses both on the relation of this activity to the environment, and on its relation to other relevant areas of law. A particular focus is put on Act No. 321/2004 Coll. on viticulture and winemaking, the main legal regulation in this area of interest, but also on other laws, which provide subsections of viticulture and winemaking activities. The thesis is subdivided into 7 chapters. The first chapter focuses on the historical development of the legal regulation of viticulture and winemaking in the Czech Republic since its beginnings until the 1990s. The second chapter deals with the position of viticulture and winemaking within the Law of the Czech Republic. Due to the nature of viticulture and winemaking, this activity can be considered part of agricultural law, which consists of legal regulations from multiple areas including both private and public law legal regulations. The third chapter is devoted to the sources of...

The purpose of the study was to evaluate hairdressers self monitoring. The frame of the questions were for instance to find out if hairdressers self monitoring were sufficient and the experience among operators and inspectors. Self monitoring by operators is a crucial part of Swedish environmental law. It is required that operators has control of every aspect of the business and complies with the environmental law. Self monitoring include routines that occurs in the daily operation. Non mandatory to report environmentally hazardous businesses are not required to have a documented self monitoring. Data were collected through inspection and interviews with nine operators and eleven inspectors. Results showed that hairdressers usually had adequate self monitoring. In 17 of 24 controlled businesses there were no discrepancies noticed. The operators were mostly positive towards supervision and self monitoring. The study showed that operators in non mandatory to report businesses had a slightly inaccurate depiction of the supervisory authority. Inspectors claim that discrepancies in self monitoring usually depend on lack of knowledge and limited economical resources. The inspectors suggested that the requirements of self monitoring should be made more evident.

Orientador: José Augusto de Lollo / Banca: Reinaldo Lorandi / Banca: Arnaldo Yoso Sakamoto / Resumo: Na sociedade há, cada vez mais, a preocupação em se ter um ambiente equilibrado, onde se possa ter total conhecimento da dinâmica da paisagem e capacidade de intervenção para que tal dinâmica não resulte em danos aos componentes ambientais. Uma alternativa utilizada para tal é o estudo de bacias hidrográficas como unidades biogeofisica bem definidas, onde se pode conhecer o ambiente de forma holística, contemplando suas alterações com o decorrer do tempo, permitindo compreender as formas de uso e ocupação do solo na bacia e posteriormente, propor medidas de prevenção e melhoramento da qualidade ambiental de seus mananciais. No presente trabalho adotou-se a Bacia do Córrego da Onça como parte componente de um sistema formado por Bacias de grande representatividade para o Estado do Mato Grosso do Sul / Brasil. O município de Três Lagoas passou por significativas mudanças na sua forma de uso e ocupação com o passar do tempo, fruto de novas propostas de uso, em particular com a inserção cada vez maior de indústrias. A presente dissertação apresenta proposta para caracterização dos usos da bacia considerando a legislação ambiental que protege os recursos hídricos e os usos dos mananciais, e propõe diretrizes para melhor aproveitamento em forma de ocupação da Bacia, a fim de haver ambiente saudável atendendo todos os padrões de qualidade estabelecidos pelas leis existentes. Os resultados das análises dos mapeamentos dos anos 1985,1995, 2005 e 2010 mostram que os usos existentes na bacia foram se modificando com o decorrer do tempo, uma vez que o município passa por mudanças significativas na sua forma de usar e ocupar o espaço. Assim, a pesquisa tem por finalidade a aplicação de técnicas de levantamento, investigação e análise de dados da bacia, com intuito de apresentar propostas de mitigação de alguns problemas existentes na... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: Nowadays, it's observed great concern about environment in human society. This concern relates landscape dynamic to knowledge and human intervention in natural processes in order to avoid environmental damages. Assuming basins as natural landscape units for understand the environment and its processes varying in time due to land use is a proper way of prevent environmental impacts and preserve water resources. This work assumes Córrego da Onça Basin for this kind of study. This basin is located in Três Lagoas, a city that passed throught significant changes in land usage four decades ago, particularly the industrialization process. The present research makes a proposal use to the basin area in account the environmental laws which protects water resources and proposes directives for better water resources usages in the basin in order to provide a better balance environment. Results show that considering 1985, 1995, 2005 and 2010 land use classification the basin land use changed significantly according to municipality changes. Based on surveying and analysis techniques from remote sensing and field works, the study allow us to propose mitigation programes for the existing environmental problems in Córrego da Onça Basin / Mestre

The Thesis takes the approach of a critique of the current international environmental lawmaking processes and the systemic shortcomings and aims to redesign parts of the international environmental lawmaking system on new terms. Through case studies and doctrinal analyses, an array of initial questions guides the research through a variety of factors influencing the International Environmental Law. The Thesis mainly tests and finds the following hypotheses positive; some of the decisive factors that would create an optimized lawmaking framework and advance the purposes of I.E.L. include, but are not limited to, the adoption of: (a) progressive voting processes, including the majority rule and opting-out procedures as means of adopting primary and, most importantly, secondary legislation resulting in legally binding rules upon the States without requiring prior ratification by the states within the framework of International Organizations or Multilateral Environmental Agreements; (b) science-based secondary legislation, defined by specific criteria and boundaries that primary laws pose on them, that is more detailed than primary laws and of a more technical nature, promulgated by expert bodies alone, without the intervention of political bodies, and is binding upon States, unless the latter object with reason; and (c) new procedural rules, related to the pre- and post-lawmaking stages that enhance participation in the lawmaking process by both experts and the public and review the implementation, compliance and validity of science and technology of the laws, while at the same time guarantee all forms of legitimacy. The Thesis does not aim to produce a countervailing lawmaking model. It rather attempts to optimize some of the lawmaking processes based on an enhanced science-base in order to better protect our global natural environment and public health.

While the basic premise of precaution has been widely endorsed in environmental treaties since its inclusion in the Rio Declaration on Environment and Development, as a legal principle, it has been framed in such vastly dissimilar ways that it continues to generate significant disagreement over its precise nature, standing and legal effect. Despite the rich and extensive scholarship aimed at clarifying its normative content and operation, the ongoing lack of consensus on when the precautionary principle is applicable and what its application entails points to fundamental definitional challenges as well as its overall limitations as a regulatory tool. This thesis attempts to move beyond this impasse by reassessing the precautionary principle in light of the distinction traditionally made in formal scientific discourse between risk and uncertainty. While this technical distinction is fundamental to defining the proper scope of the principle’s application, the thesis finds that much of the existing legal discourse has either overlooked or marginalised the risk/uncertainty dichotomy, which in turn has blurred the distinction between the principles of precaution and prevention. The thesis sets out what is meant by these analytically distinct concepts in the legal context, focusing on their implications for the processes of legal reasoning and regulatory decision-making. Having examined the conceptual underpinnings of the precautionary principle, and of the principle of prevention, the thesis proceeds to address a central research question – if uncertainty, as opposed to risk, determines the operational scope of the precautionary principle, to what extent do the current applications of the precautionary principle actually fall within its proper domain? To answer this, the thesis embarks on a deconstruction of the precautionary principle in practice by analysing how precaution has been deployed as an operational principle in particular treaty contexts. The treaty regimes examined here include: international fisheries; persistent organic pollutants; ocean dumping; sanitary and phytosanitary threats under the WTO; and atmospheric pollution and climate change. In each case, the thesis scrutinises the extent to which assumptions, obligations and measures contained therein are consistent with the theoretical underpinnings of precaution. Despite the pervasive use of the precautionary rhetoric in treaty texts and practice, the thesis ultimately finds that, for the most part, these instruments are in fact aimed at specific, scientifically-determined risks, and thus what is often upheld in the name of precaution is actually the prevention principle. The thesis argues that it is better to frame risk regulation through prevention, and not precaution, by considering the implications of abandoning the precautionary principle in those areas where the prevention principle is clearly at play. The thesis completes the analysis by addressing what is actually left for the precautionary principle and discussing some of the distinct ways in which precaution functions within its specific, circumscribed domain.

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The purpose of this thesis is to understand the reasons for the varying adaptation policies in place for coastal states that will experience flooding as result of climate change. Responses to excessive precipitation and worsened flooding differ widely between predominantly conservative and predominantly progressive states. The levels of flooding aren’t fully known, but they are predicted to be increasingly catastrophic as climate change worsens. Coastal populations will only grow more vulnerable to flooding without adaptive measures put in place. Increasing green infrastructure is one of the most effective methods. Adaptation measures vary widely by state and more progressive states have greater amounts of adaptive measures in place. Conservative states have a long history that results in their lack of climate policy and environmental governance.

Federal disaster declarations are authorized by the president under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. Prior studies have found varying levels of political influence associated with the declaration process. Factors including electoral votes, reelection years, congressional committee appointments, geographic location, and party favoritism have been implicated in claims of inequity associated with the distribution of federal disaster assistance. Compounding these concerns is evidence of recurring problems associated with disparities in the long-term recovery from disasters based on social and economic factors. This dissertation is a response to the call for further research into the political dynamics of disaster declarations. Multivariate hierarchical analytical techniques and key stakeholder interviews were utilized to systematically investigate perceived inequities in the implementation of federal disaster policy and the consequences of those inequities with respect to health-related recovery in communities that had differential access to federal resources. The research findings counter broad claims of political motive in the distribution of federal resources after disasters. However, the observation of a disproportionate post disaster stress-related disease burden in portions of the study area is indicative of a procedural inequity that must be addressed. The recently enacted Sandy Recovery Improvement Act of 2013 calls for a review of eligibility criteria for disaster declarations. The findings of this research are intended to contribute to the review process and assist in the reformulation of public policy in order to address the unique needs of previously unconsidered at-risk populations.

This thesis analyses the consistency of WTO law with international environmental law and general international law in the field of trade and environment. GATT obligations require trade measures to comply with national treatment (Article III) and most –favoured nation treatment (Article I) and to prohibit import and export restrictions (Article XI). GATT exceptions permit measures to protect human, animal or plant life or health (Article XX(b)) and to conserve exhaustible natural resources (Article XX(g). This thesis analyses the consistency of unilateral and multilateral environmental measures with these GATT obligations and exceptions. It argues that the Article XX exceptions should be interpreted according to the proximity of interest between the country using trade restrictions and the environmental problem. It argues further that Article XX should be interpreted in accordance with customary international law regarding sovereign equality, non-intervention and the doctrine of necessity. Applying the principle of sovereign equality to WTO rights, this thesis proposes that WTO provisions be designed and interpreted to compensate for the economic inequality of WTO members in order to ensure equal access to WTO rights. Moreover, the principle of non-intervention should be applied in the WTO context to prohibit economic coercion. Unilateral environmental trade restrictions fail both tests. They use economic coercion to intervene in the internal affairs of sovereign States and are available in practice only to countries with significant market power. However, the doctrine of necessity may be invoked to excuse the non-observance of WTO and other international obligations to permit the use of trade restrictions to address urgent environmental problems with which the enacting country has a jurisdictional nexus.

This qualitative research study investigated the expression of critical thinking in environmental subjects at university level in Australia. It also explored the strategies used by lecturers to encourage student critical thinking. Initially an open-ended questionnaire was sent to lecturers and tutors in universities across Australia and the responses from thirty participants were analysed thematically. From these participants semi-structured interviews were arranged with six lecturers and eight students from three different universities. The third phase of the research process involved analysing subject outlines and student assignments. Findings were triangulated to create a picture of the teaching and learning practices of critical thinking in this field. The three cases of Environmental Science, Environmental Engineering and Environmental Law were identified as having some common yet distinctively different themes in relation to critical thinking. In each discipline area three broad approaches to the expression of critical thinking were identified: scientific/technical, paradigmatic and reflective. The scientific/technical approach in science was most concerned with critique of experiments and studies, in engineering with problem solving and in law with the technical aspects of language and application of the law. The paradigmatic approach included critical analysis of the different theories, frameworks and paradigms of each subject. The reflective approach to critical thinking included students’ self evaluation of their learning within a specific subject. Notable differences between the three cases were the types of strategies used by lecturers to encourage student critical thinking. The Environmental Science lecturers were more inclined to use a wide variety of strategies, including provision of written material about critical thinking with critical thinking identified in marking criteria, discussion in class and guided exercises. The Environmental Engineering lecturers placed more emphasis on discussion in class than on providing written materials. The Environmental Law lecturers predominantly focused on the strategy of debating in class for the development of student critical thinking. The findings of this study are significant in providing support for the argument that development of critical thinking is subject specific rather than generic. This calls into question the use of generic skills testing for university graduates as a reliable measure of their ability to think critically in their field. The findings indicate that it is necessary for subject lecturers to be explicit with students about their expectations regarding critical thinking, particularly in relation to assessment. Findings suggest guidelines for lecturers including strategies and attitudes that encourage or hinder student critical thinking. Findings also suggest that the nature of the field of environmental and sustainability subjects lends itself to developing critical thinking, which is considered to be important.