Екосистема як об’єкт екологічного права крізь призму впровадження екосистемного підходу
Ecosystem as an object of environmental law through the prism of the ecosystem approach implementation
Author(s): Ye.P. SuietnovSubject(s): Law, Constitution, Jurisprudence, Energy and Environmental Studies
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: environmental law; environmental legislation; objects of environmental law; ecosystem; ecosystem approach;
Summary/Abstract: The article is devoted to the study of the ecosystem as an object of environmental law through the prism of the ecosystem approach – the newest strategy aimed at shifting the emphasis from the management of individual natural objects to the management of ecosystems that are of direct importance to humanity.The doctrinal views on the ecosystem as an object of environmental law and its place among other objects of legal regulation are analyzed. The opinion is substantiated that the implementation of the ecosystem approach into environmental law provides for the transformation of this branch of law at the level of the object composition and the recognition of the ecosystem as its central object. It has been suggested that with a change in the structural organization of environmental law, when the ecosystem will be recognized as its central object, and all other objects will be considered in the ecosystem context,the ecosystem concept will have the status of the main paradigm of environmental law and, probably,subsequently, being quite «ecosystemocentric», environmental law will be transformed into «ecosystem law», just as environmental legislation will finally be based on a single scientific concept – the concept of an ecosystem, which significantly activates the process of codification of environmental legislation in the form of developing an «Ecosystem Code». Such position is certainly debatable and can be critically perceived in scientific circles, and therefore requires a comprehensive development and justification. At the same time, the very formulation of the question of the place of the ecosystem among the objects of environmental law can start a lively and fruitful scientific discussion that will help to develop an optimal model of legal regulation of environmental relations.
Journal: Проблеми законності
- Issue Year: 2020
- Issue No: 150
- Page Range: 101-123
- Page Count: 23
- Language: Ukrainian