Made available in DSpace on 2016-04-26T20:21:15Z (GMT). No. of bitstreams: 1 Jose Angelo Remedio Junior.pdf: 2016458 bytes, checksum: b0ff9f6ac1c1faaf61c189bda34e6919 (MD5) Previous issue date: 2012-10-15 / This research aims to interpret harmoniously the rules governing the Environmental Law and mining rights. The Environmental Law, with a widespread strenght, has the power to make the purposes of any Law necessarily ecologically balanced. The ecological issue is definitely a part of the legal system. It happens that the Mining Code was based on an individualistic ideology which forgets the environmental issue. The historical interpretation of the Minig Code, considering the enactment date, explains this gap with the environmental issue. Meanwhile, after the National Environmental Policy Act, in the early 1980s, and the 1988 Federal Constitution, it s essential to revisit the interpretation of the Mining Code. It is evident that the statement of the environmental and mineral Institute and Resources will impose a change on the legal system outlined by the Mining Code. But the guiding principle for the Mining Code s compliance with the Federal Constitution is the use of the idea of sustainable development. To understand the peculiarity of the national legal system, became useful brief forays into the legal system of Italy, Spain, Portugal, France and Chile, from the perspective of the internal legal system or transnational legal system / Trata-se de investigação que busca interpretar harmoniosamente as normas que regem o direito ambiental e o direito minerário. O direito ambiental, com sua força tentacular, tem o condão de tornar, necessariamente, ecologicamente equilibrado os fins na interpretação de quaisquer normas jurídicas. Isso porque, a questão ecológica adentrou definitivamente no sistema jurídico com a Constituição Federal de 1988, inclusive, inovando quanto à elevação do meio ambiente ao patamar de bem ambiental constitucional e fazendo expressa previsão sobre a imperiosa necessidade de recuperação das áreas degradadas pela mineração. Nesse contexto, percebe-se que o Código de Mineração de 1967 foi elaborado com base em uma ideologia individualista, que olvidava a questão ambiental. A interpretação histórica do Código de Mineração, considerando a data de sua promulgação, explica este hiato com a questão ambiental. Entrementes, após a Lei da Política Nacional do Meio Ambiente de 1981, e com a Constituição Federal de 1988 tornou-se imperioso revisitar a interpretação do Código de Mineração. Evidencia-se que a positivação do instituto do bem ambiental mineral e da inserção do princípio do desenvolvimento sustentável na Lei Máxima brasileira acabam por impor uma modificação no regime jurídico traçado pelo Código de Mineração. Assim, o princípio norteador para a conformidade do Código de Mineração com a Constituição Federal será o emprego do princípio do desenvolvimento sustentável. Para conhecer as peculiaridade do sistema jurídico pátrio, tornou-se útil breves incursões nos sistemas jurídicos alienígenas, quer seja no direito interno dos Estados ou das Organizações Internacionais, que podem ser sintetizados na fórmula direito transnacional

Este trabalho busca compreender o papel do Direito e sua relação as políticas públicas de águas na região das bacias hidrográficas dos rios Piracicaba, Capivari e Jundiaí (Bacias PCJ), com base na perspectiva da Sociologia Ambiental do Direito. Os procedimentos metodológicos envolvem pesquisa bibliográfica, entrevistas com membros dos Comitês PCJ e da Agência de Bacias PCJ e análises documentais. Inicialmente, analisa-se a emergência de uma questão \"socioambiental\" e delineiam-se desafios para o Direito no enfrentamento dos problemas e conflitos socioambientais. Em seguida, aborda-se a multidimensionalidade do bem \"água\" e se expõe os conflitos relativos à apropriação e à gestão, além do arcabouço jurídico das águas no Estado de São Paulo e no Brasil. Por fim, apresenta-se um panorama dos desafios, conflitos e problemas socioambientais relativos às águas nas Bacias PCJ, com enfoque no Direito enquanto trincheira de enfrentamento. Nesta análise se destaca a atuação do Grupo de Atuação Especial do Meio Ambiente (GAEMA) e o conflito relativo à renovação da outorga do Sistema Cantareira, na conjuntura da crise hídrica que se instalou no Estado de São Paulo entre os anos de 2014-2016. / This dissertations aims to understand the role of Law and its relation to water public policies in the region of Piracicaba, Capivari and Jundiaí rivers basins (PCJ Basins), based on the perspective of the Sociologia Ambiental do Direito. The methodological procedures involve bibliographic research, interviews with members of PCJ Committees and PCJ Basins Agency, and document analysis. Initially, the emergence of \"socio-environmental\" issue is analyzed and challenges for the Law are presented in face of socio-environmental problems and conflicts. Next, we adress the multidimensionality of water and expose the conflicts related to the appropriation and management of water and the juridical framework of the waters in the State of São Paulo and in Brazil. Finally, an overview of the challenges, conflicts and socioenvironmental problemas related to waters in PCJ Basins is presented, focusing on the Law as a confrontation trench. This analysis highlights the performance of Grupo de Atuação Especial do Meio Ambiente (GAEMA) and the conflict regarding the renewal of the granting of the Cantareira System, in the conjuncture of the water crisis that was installed in the State of São Paulo between 2014-2016.

Orientador: Luiz Carlos Santana / Banca: Haydée Torres de Oliveira / Banca: Luiz Marcelo de Carvalho / Abstract: This dissertation is the result of a research of qualitative nature, in its study of case approach, that aimed to analyze the possible contributions to the political-pedagogic practices of environmental NGOs when incorporate elements of Environmental Law. It has as unity of analysis a program of mobilization and monitor work about the quality of Tiete River’s water, developed by an environmental NGO with the participation of several social actors. The analysis was accomplished since the collected datum in the interviews, in the remarks and documents. It was verified that the incorporation of the Environmental Law in the program in question materializes by different means and that necessarily do not exclude themselves. These means are moments that the environmental juridical field but this it makes present as environmental laws, but that as explanation of concepts and courses, but, still, as an instrument for the solution of social- -environmental conflicts. Regarding to the characteristics that the political-pedagogic practices of Environmental Education acquires when they incorporate elements of Environmental Law, it was verified that this issue is intrinsically related to the degree of interface of the environmental juridical field in the regarded practices. Thus, if the interface is tenuous and moderate, merely annexing information, the informative character prevails, however, if this interface structure wider than the others ones, being the Environmental Law utilized as instrument of fronting the social- -environmental conflicts, the politics dimension emerges, becoming itself the main characteristic of these practices, justifying them as political- -pedagogic practices. The result obtained with the research demonstrated that the incorporation of the Environmental Law by Environmental Education is as possible as necessary because it becomes a concrete perspective of aggregation with a greater consistency. / Mestre

The title of the thesis is "Viticulture and winemaking from the legal point of view". The purpose of my thesis is to analyze the Czech legislation of viticulture and winemaking. It is important to include the law of the European Union because it directly regulates the national legislation. The aim of this thesis is to give a complex insight into the valid viticulture and winemaking law. The thesis is composed of seven chapters, each of them dealing with different aspects of the topic. The first chapter is introduction and provides only starting point of the thesis such as terminology. Chapter two is subdivided into six parts and surveys historical background of viticulture and winemaking in the Czech Republic. Each part is devoted to one important era starting in antiquity and explores the evolution till current situation. Chapter Three shows viticulture and winemaking law in the context of the Czech legal system and highlights links between mentioned law and environmental policy. Chapter Four characterizes current EU legislation and focuses on regulations concerning common agricultural policy in the sphere of viticulture and winemaking. Chapter Five outlines Czech legislation and is subdivided into seven parts. It is the main part of the thesis and it reports on the current Czech regulation of...

nÃo hà / CoordenaÃÃo de AperfeÃoamento de Pessoal de NÃvel Superior / The use of the natural resources have been an essential element for the development and reproduction of the human life in the Earth. The expression âsustainable developmentâ, that appeared during the global environmental events that took place in the 1970Âs, beggined to be used as a support to the solidification procedure of a new paradigm in the society-nature relations, intenting to behave a development procedure led by social, economic and ecological objetives, as a way to fetch the human life quality. The enviromental law appeared in this context as a tool to regulate the relations among man and the natural resources. If the brazilian environmental law had a great advance in the increasing of the norms quantity since the second half of XX century, nowadays the efforts are related to obtain tools to evaluate and effective their compliance and enforcement. Considering the relevance and the sustainable development assimilation procedure in the National Program of Agrarian Reform, this paper aimed to propose and to apply a sistem of indicators to measure the compliance with the environmental law â related to the vegetation conservation and/or preservation in agrarian reform areas. The paper also aimed to apply variables to identify the social, economic and institutional characteristics of the agrarian reform areas. The indicadors were classified in 5 groups and were tested at the Coqueirinho area, settled at Fortim, CearÃ. The indices related to each group of indicators were used to build the indice of compliance with environmental law (ICNA). The value obtained for the ICNA expressed a low level of compliance with the environmental rules at the study area. The variables allowed to identify factors related to the life quality of the families area that also could stimulate the compliance or non-compliance with the environmental law. The indicators were an usefull tool to evaluate the compliance with the environmental law for vegetation, to simplify data that can be compared in a future time and also to identify priorities programmes to estimulate the community to comply with environmental laws. / O uso dos recursos naturais sempre se apresentou como um elemento essencial para o desenvolvimento e reproduÃÃo da vida humana na Terra. A expressÃo âdesenvolvimento sustentÃvelâ, cujo nascimento decorreu dos eventos ambientais de carÃter global ocorridos durante a dÃcada de 1970, passou a servir de amparo para a solidificaÃÃo de um novo paradigma nas relaÃÃes sociedade-natureza, se propondo a orientar um processo dedesenvolvimento que levasse em consideraÃÃo objetivos sociais, econÃmicos e ecolÃgicos, tendo em vista a busca da qualidade de vida humana. O Direito Ambiental surge nesse contexto, se apresentando como um instrumento destinado a regular as relaÃÃes estabelecidas entre o homem e os recursos naturais. Se a partir da segunda metade do sÃculo XX o Direito Ambiental brasileiro experimentou um grande avanÃo na adoÃÃo de uma vasta quantidade denormas, na atualidade os esforÃos se concentram na busca de mecanismos capazes de verificar a adequaÃÃo e garantir o cumprimento dessas normas pelos atores sociais. Considerando a relevÃncia, a abrangÃncia e a busca da sustentabilidade ambiental do Programa Nacional de Reforma AgrÃria, o presente estudo teve por objetivo propor e utilizar um sistema de indicadores para avaliar o cumprimento das normas ambientais ârelacionadas com a conservaÃÃo e/ou preservaÃÃo da vegetaÃÃo â em Ãreas de assentamento de reforma agrÃria. O estudo tambÃm objetivou utilizar variÃveis para identificar as caracterÃsticas sociais, econÃmicas e institucionais das Ãreas de assentamento. Os indicadores propostos foram divididos em 5 grupos e tiveram sua aplicabilidade testada atravÃs de um estudo de caso desenvolvido no Assentamento Coqueirinho, no municÃpio de Fortim, CearÃ. Os Ãndices obtidos para cada grupo de indicadores foram utilizados para compor o Ãndice de Cumprimento da Norma Ambiental (ICNA), cujo resultado evidenciou que no Assentamento existe um baixo nÃvel de cumprimento das normas ambientais avaliadas. As variÃveis utilizadas foram relevantes para a identificaÃÃo de aspectos relacionados com a qualidade de vida das famÃlias assentadas, capazes de exercer influÃncia no cumprimento ou nÃocumprimento das normas ambientais. A construÃÃo e a utilizaÃÃo de um sistema de indicadores para avaliar o cumprimento da norma ambiental para vegetaÃÃo, se apresentou como um importante mecanismo para a simplificaÃÃo de informaÃÃes, e para a identificaÃÃo de aÃÃes prioritÃrias capazes de influenciar o comportamento dos atores sociais, alÃm de fornecer dados suscetÃveis de comparaÃÃo no tempo e espaÃo.

abstract: This research investigates the biophysical and institutional mechanisms affecting the distribution of metals in the Sonoran Desert of Arizona. To date, a long-term, interdisciplinary perspective on metal pollution in the region has been lacking. To address this gap, I integrated approaches from environmental chemistry, historical geography, and institutional economics to study the history of metal pollution in the desert. First, by analyzing the chemistry embodied in the sequentially-grown spines of long-lived cacti, I created a record of metal pollution that details biogeochemical trends in the desert since the 1980s. These data suggest that metal pollution is not simply a legacy of early industrialization. Instead, I found evidence of recent metal pollution in both the heart of the city and a remote, rural location. To understand how changing land uses may have contributed to this, I next explored the historical geography of industrialization in the desert. After identifying cities and mining districts as hot spots for airborne metals, I used a mixture of historical reports, maps, and memoirs to reconstruct the industrial history of these polluted landscapes. In the process, I identified three key transitions in the energy-metal nexus that drove the redistribution of metals from mineral deposits to urban communities. These transitions coincided with the Columbian exchange, the arrival of the railroads, and the economic restructuring that accompanied World War II. Finally, to determine how legal and political forces may be influencing the fate of metals, I studied the evolution of the rights and duties affecting metals in their various forms. This allowed me to track changes in the institutions regulating metals from the mining laws of the 19th century through their treatment as occupational and public health hazards in the 20th century. In the process, I show how Arizona’s environmental and resource institutions were often transformed by extra-territorial concerns. Ultimately, this created an institutional system that compartmentalizes metals and fails to appreciate their capacity to mobilize across legal and biophysical boundaries to accumulate in the environment. Long-term, interdisciplinary perspectives such as this are critical for untangling the complex web of elements and social relations transforming the modern world. / Dissertation/Thesis / Doctoral Dissertation Sustainability 2019

Thesis (MBA.) -- University of Limpopo, 2016 / The objective of this study was to determine the environmental impact of agricultural inputs, to know if the environmental impacts of agricultural inputs have environmental costs, and to know who bears the environmental costs of agricultural inputs. Using a purposive sampling method, the researcher studied six farms from Chief Albert Luthuli Municipal area, Mpumalanga. The research design for the study was a mix of qualitative and quantitative research approaches. Data collection was from primary and secondary sources. Data was collected from the six farmers in Albert Lithulu, in addition secondary data was collected from the archives of Index Mundi, the University of Pretoria, the US EPA and the World Bank. Using a mix of correlation and regression analysis, findings from the study provided an answer to the three research objectives. Findings from the analysis of correlation and regression indicated that agricultural input (fertilizer, used in this study) does affect the environment; it causes an agricultural induced emission of greenhouse gases (nitrous oxide and methane). Furthermore, findings from analysis of potential environmental costs of environmental impacts (methane and nitrous oxide) showed that agricultural inputs have social costs for South Africa. Furthermore, the final findings in this study showed that the environmental costs from agricultural inputs are born by the victims. Consequently the study recommends additional environmental regulation to enable farmers internalise some of the environmental costs of agricultural inputs that are born by victims. Further research is suggested to determine the model that may be used to internalise environmental costs of agricultural inputs back to the farms. Key Words: farms, environmental costs, agricultural inputs, externalities

This study examines the relationship between public opinion about the environment and the introduction of congressional legislation on environmental issues. Using public opinion data gathered by the General Social Survey from 1977 to 2002, this work examines correlations between how the public views the environment in each and the number of bills introduced in the U.S. House and Senate addressing environmental issues. The findings indicate that there is a correlation between overall concern felt in the public and congressional action on certain aspects of environmental protection. The results also highlight the potentially disturbing finding that the race and economic class of a respondent play a role in the level of correlation between respondents' concern for the environment and congressional action on environmental issues.

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be done to improve these practices? This qualitative case study included semistructured interviews with police officers and 3 district attorneys who were selected based on their involvement in environmental crimes cases. Document analysis such as court files were analyzed to reveal the implementation practices of the law. Data were analyzed using NVivo software. Results revealed that police officers and prosecutors possess little knowledge of the environmental crimes and this was not a barrier for execution of the law. However, court judges did not uniformly interpret the meaning of the law in the adjudication process which suggests that failure to successfully prosecute is due to lack of understanding of these environmental crimes by legal counsel. Enhancing the training of police, prosecutors, and judges is needed to improve policing and implementation of the law. Successful implementation practices can promote better legislation and prosecution in order to reduce environmental degradation of the island.

Thesis (M.Law. (Development and Management)) --University of Limpopo, 2009 / This research investigates the relationship between the right to development and the right to the environment. An overview of the legislative framework aimed at facilitating development and environmental protection is discussed. The right to development is aimed at improving the quality of life and living conditions of ordinary people. On the other hand, the right to the environment has as its purpose the conservation and prudent utilisation of natural resources. Theoretically, the two rights are at loggerheads. However, at the centre of these rights is the concept of sustainable development. Sustainable development harmonises the implementation of developmental activities and environmental protection, by compelling government authorities and developers to consider environmental issues when implementing development projects. Public participation is vital in environmental law as it ensures that the public is well informed about development projects that may have adverse effects on the environment. Public participation in development projects is part of the Environmental Impact Assessment process (EIA). A case study of a local township was conducted to illustrate the importance of public participation and the acceptance of the right to development and the right to the environment as justiciable human rights in South Africa. The study revealed that local government officials lack the necessary knowledge and skills to implement development and environmental laws at local community level. This results in non- compliance with the existing environmental laws by developers. It is concluded that right to development and the right to the environment co-exist and are mutual reinforcing. Therefore, failure to ensure proper implementation of the two rights may result in short- lived and unsustainable development, projects and programs. It is concluded further that non-compliance with the EIA procedure defeats the concept of public participation as embodied in environmental law and international environmental instruments. It is recommended that the government should equip its officials and citizens with skills and knowledge on how environmental laws operate and should be implemented.