Načela međunarodnog prava životne sredine i EU integracije Republike Srbije

Todić, Dragoljub (2017) Načela međunarodnog prava životne sredine i EU integracije Republike Srbije. Evropsko zakonodavstvo, XVI (61-62). pp. 285-300. ISSN 1451-3188

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Abstract

The paper identifies the place and importance of the principles of contemporary environmental politics and law in three different and mutually related legal systems (international environmental law, EU law and the national legal system of RS). The first part of the paper provides an overview of the some interpretations of the role of the most important principles of international environmental law (prevention principle, precautionary principle, polluter pays principle, the principle of joint and special responsibility, the principle of cooperation, no harm principle, participation principle, the principle of intergenerational equity, etc.). Although there could be raised a larger question related to the legitimacy of the principles as a source of law, the paper starts from the premise that the principles of contemporary environmental politics and law present one of the fundamental elements necessary for interpreting the rights and obligations of relevant subjects in the specific area. The second part of the paper points to the place of the principles in the EU environmental law and the regulations of RS from the first law on environmental protection (1991) to the present day. The importance of the principles for RS should be viewed in the context of the overall efforts to follow the contemporary environmental trends and build a modern system of norms in this area. This includes the harmonization of national regulations with EU regulations, including the process of confirming and implementing international environmental agreements. The basic thesis under consideration is that there is a significant level of the interweaving of the principles of contemporary politics and environmental law in these three systems of norms. Certain differences, uncertainties and dilemmas regarding the character and content of the particular principles should be interpreted in the context of historical circumstances, achieved levels of development and specific objectives of the legal order at the international level, the EU level and the RS framework.

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