International Mechanisms for Ensuring Environmental Safety - International Law And Integration Problems (Scientific-Analytical Journal) №2 2020 - Beynəlxalq hüquq və inteqrasiya problemləri jurnalı

Açıqlama:

The purpose of the article is to analyze the mechanisms of international environmental security. Scientific novelty of the work is due to the fact that the peculiarities of the International Court of Justice consideration of territorial disputes have not yet been the subject of dissertation or monographic study in domestic science, and the achievements of the Soviet and modern foreign authors in this field cannot meet the needs of the present day. There are still disputable problems of recognition of the decisions of the International Court of Justice as sources of law, there is a debate about the legal nature of the decisions of this court. An understanding of the category of proof in the international judicial procedure as the activity of the parties to a dispute to establish the existence or absence of circumstances concerning their claims and defenses, and other circumstances relevant to the resolution of the dispute in accordance with the rules of international law, with the participation of an international judicial institution and under its control, has been developed. There are three main directions of international legal regulation in the field of environmental protection: 1) limitation of harmful anthropogenic impact on the environment; 2) ensuring sustainable development of mankind by establishing a rational regime of nature management; 3) international environmental cooperation. The judicial form of limiting harmful anthropogenic impacts on the environment is ineffective. The UN Court is limited in its resolution of environmental problems by the limits of jurisdictional authority, excessive formalism, and indecision. In addition, its jurisprudence is plagued by errors related to the lack of scientific certainty of evidence and the failure to adequately evaluate and weigh complex scientific data. But since judicial practice develops in the course of consideration of specific cases, reference to international judicial instances is an important factor in its improvement. The practical significance of the results is that the provisions and conclusions formulated in the work can be used by public authorities, which represent the interests of the state in international judicial bodies, primarily in the UN ICJ, as well as to determine the nature of international legal policy of the country in the protection of its environmental security; in law enforcement activities the findings of the article can be used to interpret the convention norms on environmental issues and practice.


Müəllif : Valerii Kononenko - Doctor of Law, V.N. Karazin Kharkiv National University Ludmila Novikova - Ph.D. in law, associate professor, V. N. Karazin Kharkiv National University Leonid Tymchenko - Doctor of Law, Professor, University of the State Fiscal Service of Ukraine
Nəşr tarixi : 2020
Yüklənmə sayı : 10

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