Comparative environmental law – conceptual framework and difficulties in  defining Cover Image

Komparativno pravo životne sredine – koncepcijski okvir i teškoće u definisanju
Comparative environmental law – conceptual framework and difficulties in defining

Author(s): Dragoljub Todić
Subject(s): EU-Legislation
Published by: Institut za uporedno pravo
Keywords: comparative law; environment; environmental law; international environmental law; comparative environmental politics; EU environmental law

Summary/Abstract: The first part of the paper points to certain dilemmas in defining the comparative law and comparative method in law as a framework for understanding the content and the role of comparative environmental law. Basic indications of some of the specificities of the environmental law and problems in the field of environment are given, including their global and transnational dimensions, as one of the factors that influence the possibility to define the conceptual framework of comparative environmental law. In light of these, there arises the need to build specific relationships between comparative law and other branches of law which in different ways include the contents in the field of the environment or may be relevant to the environment. In this way, the author attempts to answer the question of the object and relevance of comparative environmental law. Some issues of importance for understanding the state and perspectives of development of comparative environmental law are discussed. The author starts with the premise that comparative environmental law, in the circumstances of contemporary globalization processes, has an increasingly important place in the system of legal disciplines, regardless of different problems associated with this branch of law. Specific difficulties in defining the conceptual framework of comparative environmental law are related, mainly, to a complex nature and dynamics of environmental changes.

  • Issue Year: 2016
  • Issue No: 3
  • Page Range: 9-22
  • Page Count: 14
  • Language: Serbian