Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I): Ecological Realism and the Need for a Paradigm Shift
Modern environmental law has proved a colossal failure, despite the good intentions and the hard work of many citizens, lawyers, and government officials. Notwithstanding the most extensive and complex set of legal mandates the world has ever known, government is driving runaway greenhouse gas emissions and resource depletion. Agencies use the discretion in their statutes to allow continuing damage to the atmosphere and other natural resources. At a time when society faces catastrophic climate heating and ecological collapse, leading thinkers should be setting their sights on a transformational environmental law principle. This Article is the first of two companion Articles that identify the public trust doctrine as the most fundamental legal mechanism available to ensure governmental protection of natural resources necessary for public welfare and survival. At the core of the doctrine is the principle that every sovereign government holds vital natural resources in “trust” for the public – i.e., present and future generations of citizen beneficiaries. This Article proposes a paradigm shift away from the current system of natural resource management, a system driven by political discretion, to one that is infused with public trust principles and policies across all branches of government and at all jurisdictional levels. Section II of this Article explains the necessity for an emergency response to arrest the hemorrhage of natural systems and stabilize climate by bringing down atmospheric concentrations of greenhouse gas pollution. Section III explains the dysfunction of modern environmental law and the role of agencies in promoting natural damage. Section IV explores the depth of legal change needed to secure the resources essential to future survival and prosperity. Section V explains the role of government as trustee of natural resources. Section VI describes states and foreign nations as covenant trustees with respect to shared or transitory resources. Part II of this work presents the trust framework as it relates to the modern regime of statutory and administrative law.
Effective implementation of Environmental Management Plan for sustainable mining
This article examines the need of the environment protection in the process of mining operations. It highlights the importance of sustainable mining in order to ensure that mining is conducted sensibly and responsibly. It rigorously examines the utilization of a comprehensive and holistic Environmental Management Plan (EMP) which is one of the environmental tools that has the potential to produce environmental sustainability in mining areas and communities. It accentuates that the EMP should contain detailed activities that will be carried out throughout the mining and post mining operations. It also discusses how the interest of the people and the environment can be protected and preserved. It enlightens on the importance of compliance and implementation of the EMP for sustainable mining. It proves that non-compliance will marginalise the poor vulnerable communities and degrade the environment within the area where mines are based. It details the regulatory interventions that have been put in place to support the EMP and accentuates the need for accountability and sanctions for non-compliance with the environmental legislation. It submits that mining companies must be compelled to comply and implement the EMP as part of precautionary measures to avoid environmental and land degradation. The EMP is a tool that should be used to promote environmental sustainability in mining operations.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.