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Environmental Law and Its Crucial Points

The historical validity of serious consideration of environmental law’s place and role in the modern legal system is quite obvious. This is caused by a significant change in both the concept of environmental law and, at the same time, its place in the system of world law over the past decade. On the one hand, ideological validity lies in the sphere of a significant rethinking of the world’s environmental policy and ideology. On the other hand, it is also associated with the reformation of society’s environmental consciousness (Fisher, 2017). Environmental law’s meaning lies in the inseparable, logically, and scientifically grounded unity of legal regulation of all social relations regarding nature. An attempt to narrow the scope of environmental law to legal protection of the human environment is unscientific and futile.

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Several multidirectional factors simultaneously influence the determination of the place of environmental law in the modern legal system. For example, this is the expanding involvement of natural resources in the range of objects of civil rights. It is caused by financial requirements and the requirements of the reforming legal system itself. Unfortunately, there are noticeable defects of a technical and legal nature, primarily in the terminological field. It can also be noted that there are some internal contradictions of environmental legislation and the diminution of the role of environmental law (Godden & Peel 2010). They can be met both in the scientific and in the educational, methodological spheres. The process of forming the terminological apparatus of environmental law is characterized today by many significant difficulties, contradictions, and errors. These include the absence of an internal system and development strategy (Bell et al., 2017). The lack of legal and substantial theoretical and ecological foundation is also a critical issue.

The modern behavior of people in the field of nature conservation and use can be characterized as reasonable pragmatism within the consumer concept of interaction between society and nature. This implies a decrease in interest in environmental issues as such. It can also be noted that the regulation of relations for the protection of nature is subordinate to the regulation of relations for its use. Thus, macroeconomic and socio-economic goals and objectives completely dominate environmental protection goals and objectives (Gunningham & Holley, 2016). Unfortunately, this often negatively affects nature’s conservation, since its problems are not given due attention.

The current needs and challenges from the essence of environmental law and nature lead to the conclusion that it is necessary to form a scientific and educational environmental law school. Such a school presupposes a specific conceptual basis, which helps form a circle of specialists and organize the corresponding scientific life and traditions. It is crucial to understand the need to publish books, hold conferences, and create an information field in the area of environmental law. This will allow scientists worldwide to look at environmental problems in the same way and solve them more effectively.

There are different ways to develop environmental law required to preserve nature. First, it is a radical modernization of the economic mechanism of nature management and environmental protection. At the same time, corresponding changes should be made to tax and budget legislation. It is also important that states have the necessary and sufficient powers in the environmental field. It is worth paying particular attention to the specification of environmental standards and their tightening as a stimulus for sustainable socio-economic development and improvement of ecological conditions (Bell et al., 2016). It is also vital to simplify and de-bureaucratize the execution of permits for users of natural resources. These steps will contribute to the development of environmental law and the preservation of the environment.

References

Bell, C., et al. (2016). Environmental law handbook. Bernan Press.

Bell, S., et al. (2017). Environmental law. Oxford University Press.

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Fisher, E. (2017). Environmental law: A very short introduction. Oxford University Press.

Godden, L., & Peel, J. (2010). Environmental law: Scientific, policy and regulatory dimensions. Oxford University Press.

Gunningham, N., & Holley, C. (2016). Next-generation environmental regulation: Law, regulation, and governance. Annual Review of Law and Social Science, 12, 273-293.

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