Читать книгу Environmental crimes in a transnational context. Topical issues of international environmental disputes as a risk of threat to the world legal order - Giorgi Matiashvili - Страница 5

Human Being is part of nature. Outside of nature, without using its resources, he/she cannot exist. Nature will always be the basis and source of human life. In relation to a person, it performs a number of functions related to the satisfaction of his/her needs: ecological, economic, aesthetic, recreational, scientific, cultural and so on.

Ensuring a favorable quality of ambient environment and the organization of rational management of natural resources represents one of the most urgent problems of the entire world community. The awareness of the onset of the global environmental crisis by the authorities of most states of the world in the middle of the 20th century led to the formation of international cooperation in the field of ambient environment protection and a dynamic change in intrastate environmental legislation in most countries of the world. Despite the absence of a general framework agreement, the ambient environment is protected by international law. Various international treaties regulate specific environmental issues, such as for example climate change or biodiversity.

These treaties and ordinary international law assign various legal obligations to protect the ambient environment. This function is assigned to states, such as the obligation to inform, cooperate or limit wash-outs.

The proclamation of the human right onto a favorable ambient environment in the declaration of principles, adopted at the UN Stockholm Conference on the ambient environment in 1972, led to implementation (The English word-implementation is officially translated by the UN as “Effectuation”). The term was first used by the Human Rights Committee in 1981.

The original meaning of the word “implement” is to actualize something in life. it is the practical implementation within the state of international legal norms in order to fulfill the obligations assumed. With regard to the law, implementation is the actualization at the intrastate level of obligations envisaged in international agreements\international environmental norms and standards in the legislation of the countries of the world.

This was the impetus for the formation of environmental legal awareness among the population, the growth of the public environmental movement and the formation of judicial practice in cases of protecting the rights and legitimate interests of citizens in the field of environmental protection. All measures aimed at overcoming the crisis in the environmental field require the need for cooperation between states in the form of C-Global – a global dialogue format, and only through the joint efforts of all states, it is possible to fight against the environmental crisis. The most important issue of the new paradigm of sustainable development should be the reassessment of the environmental factor. Preservation and reproduction of the ambient environment should become an obligatory condition for the sustainable development of civilization. The representatives of the sciences society of international law not infrequently drew attention to the need to strengthen the international legal basis for environmental cooperation and create truly effective international control mechanisms in this field.

In our opinion, the development of international environmental cooperation should follow the principle of creating a single international legal environmental act, of one international environmental organization, and of one international environmental court.