NATURE PROTECTION AGAINST POLLUTION: RIGHTS AND RESPONSIBILITIES

Abstract

Extensive use of science and technology for industrial development has been made continuously ignoring the need to keep permanently a balance between meeting the needs for own materials, constantly growing and protection of all environmental components.

Our approach, placed in the area of interest and concern for the protection and conservation of the environment comes in hand with the complex and highly sensitive issue of human relationships with nature and the community to which he belongs. We start from the idea that man appeared and evolved in a natural environment to which established certain reports, because its existence as biological and social being is inextricably linked to other forms of life and the planet itself.

An essential premise for the development should be the establishment of rights and responsibilities in environmental protection. To achieve these objectives is necessary the social and economic development to be carried out on the basis of a careful knowledge regarding the ecological implications and the consequences of this field and on the careful contradictions that may cause them, establishing in each case the practical arrangements for an efficient solution of these contradictions.

Certainly, the interaction between man and nature has found its expression in some human behavior norms which in the ancient times did not have any legal character, reflecting a rudimentary consciousness of religious, moral and political nature. Being repeated and transmitted from generation to generation, the rules of behavior in the natural environment become habits (ancient customs of whose failure were causing a collective disapproval of the acts and facts of violation or disregard). Much later, when the mankind passed to state organization, the collective disapproval started to be accompanied by a collective constraint. The state appeared and as an expression of the will, the law in the content of which we find rules addressing to human relations with nature and which concerned its primary occupations regarded strictly to cover its needs for life.

The source of these rules is represented then and as today, by the internal will of each state or the joint intention of the subjects of international law concerned for the health and balance of the planet. There are rules which enshrine rights and also responsibilities in case of imbalances or environmental damage caused by human to the environment by its irrational interventions. Therefore we insist upon the harmful effects on human intervention in which he lives, upon the ecological crisis generating environmental damage which have as source of pollutants: harmful activities, environmental disasters or accidents. We follow the phenomenon of pollution (in its multiple and varied forms), but also the fight against it analyzing the newest regulations (internal- Romanian and international or of Community law), doctrinaire debates or solutions of jurisprudence.

Iftime, E., Holban, N. (2014). NATURE PROTECTION AGAINST POLLUTION: RIGHTS AND RESPONSIBILITIES“ Nature has enough for our need but not for our greed. European Journal of Law and Public Administration, Year 2014, Issue 2, December, pp. 63-71. DOI: http://dx.doi.org/10.18662/eljpa.2014.0102.06