Sources of environmental law - forms of protection of the world environment

Increasingly, the environment and the problems of its protection have become the subject of discussions not only of specialized organizations, but of the entire society as a whole. Therefore, there is a need for the timely creation and implementation of special norms that would have absorbed and effectively used environmental law.

Sources of this branch of legislation are diverse and require thoughtful consideration and systematization, which is proposed to be considered below.

General Provisions on Sources

The legal doctrine understands under the given phenomenon all set of acts which norms contain legal regulation of considered branch of the right. However, different scientists offer a variety of options for dividing them into species. Thus, the system of sources of environmental law can be carried out according to two main criteria:

1. The criterion of nationality divides all sources into directly national ones, developed and adopted on the territory of the country, and international;
2. The criterion of "force", which determines the division of sources according to the strength of their action, prescribed in the main law of the state.

The presented classifications are typical for almost all components of the legal field of the country. But it is the industry in question that has its own special method of division. This system of sources of environmental law is based on the principle of object definition. And therefore in it are allocated such sub-sectors as faunistic, floristic, cosmic, air, branch of terrestrial bowels and so on.

The most acceptable for understanding is still the second of the systematisations considered, which will be considered below.

Sources of environmental law: detailed consideration

The first in a series of sources and actually being the basis for the adoption of others is the constitutional act. As a rule, it contains norms-priorities and norms-goals, on which ecological law is based. Sources that will be discussed below do not have the right to contradict these defining concepts. As a rule, in this act the human right to a healthy environment, to the preservation of natural diversity and the corresponding beginnings about the use of natural resources is laid.

The second in a number of sources is an international act. As a rule, its position is dual: until it has passed the ratification procedure, it can not be considered a source. In this case, the international treaty is a kind of "educational tool". However, after it was adopted into the system of state legislation , it acquires the force exceeding the validity of the Constitution, unless otherwise specified in the legal framework. A characteristic feature of this kind of environmental treaties is their dualistic nature. On the one hand, they can contain peremptory norms, and on the other hand, only indicate the directions of action in the recommendatory key.

The third in a number of sources is the law. Environmental law can operate both specialized and general rules of law. In this case, this form of expression of the rules of law details the order of implementation of the norms-goals, laid down in the first two types.

Sources of Environmental Law Include and various by-laws. Their role in this case is reduced to two essential points:

1. Operative regulation of the circumstances;
2. Detailed execution of the norms of the law.

They include the law-making activity of the entire government, the President, as well as the administrative units of the country (districts, districts, autonomous republics and similar entities).

It is worth noting that the sources of environmental law differ from their "fellow" in that they are in a dynamic. This circumstance is explained by the fact that the ecological situation throughout the world is in a state of critical decline. So, it is necessary to consolidate at the state level the rules not only for the use of wealth, which nature gives to the country, but also take measures to restore stocks, protect against encroachments and other activities that can have a beneficial effect on the environment.

From all the above, it follows that the sources of environmental law are a dynamic institution of legal science that incorporates not only national but also international law.