Suchergebnisse

In nuclear law the principle of sustainable development is applied either as an ecocentrically-oriented principle, through which it is sought to preserve a sustainable and harmonious environment (e.g., through the requirement that radioactive waste must be handled with particular caution), or as an anthropocentrically-oriented principle, through which it is sought to protect the interests of a human being in implementing the policy of the cautious use of nuclear fuel resources rather than to protect the environment per se. Starting from this point, this article analyses whether the implementation of the ecocentrically-oriented sustainable development principle as well as the application of the environmental legal provisions stemming from this principle to the management of radioactive waste externality is effective in the specific area of nuclear law. The analysis enables to specify the main problems of the relevant legal regulation at the global level, which need to be dealt with in order that nuclear energy could, in an effective way, contribute to sustainable development of natural environment as well as to achieving the aims of environmental protection, with the effects of the ensuing radioactive waste externality being reduced to the minimum. In this respect, the analysis points up the necessity to create international repositories and prepare the legal criteria for their selection and operation, to improve the regulation governing the dumping of radioactive waste at sea, to include radioactive waste from military nuclear reactors within the area of the application of certain appropriate legal acts, to implement the principle of sustainable development at the front-end of the nuclear fuel cycle, i.e., to establish the obligation to submit the information about the waste from uranium mining and milling, which have been regarded as the radioactive waste information. The article concludes with the observation that all the problems related to the implementation of the principle of sustainable development in the area of nuclear law, i.e., the problems of radioactive waste management and fuel conservation, could be overcome, and nuclear energy could be completely sustainable, once an international consensus is reached on adopting the closed fuel cycle, which practically leaves no radioactive waste. ; Straipsnyje analizuojama, ar darnaus vystymosi principo įgyvendinimas specifinėje branduolinės teisės srityje, taip pat iš šio principo kylančių aplinkos teisės nuostatų taikymas radioaktyviųjų atliekų eksternalijai gali būti laikomas veiksmingu. Nurodomos pagrindinės globalios teisinio reguliavimo problemos, kurias reikia išspręsti, siekiant, kad branduolinė energetika kuo veiksmingiau prisidėtų prie darnios aplinkos kūrimo ir aplinkos apsaugos, o radioaktyviųjų atliekų eksternalijos poveikis būtų kuo labiau sumažintas.

In nuclear law the principle of sustainable development is applied either as an ecocentrically-oriented principle, through which it is sought to preserve a sustainable and harmonious environment (e.g., through the requirement that radioactive waste must be handled with particular caution), or as an anthropocentrically-oriented principle, through which it is sought to protect the interests of a human being in implementing the policy of the cautious use of nuclear fuel resources rather than to protect the environment per se. Starting from this point, this article analyses whether the implementation of the ecocentrically-oriented sustainable development principle as well as the application of the environmental legal provisions stemming from this principle to the management of radioactive waste externality is effective in the specific area of nuclear law. The analysis enables to specify the main problems of the relevant legal regulation at the global level, which need to be dealt with in order that nuclear energy could, in an effective way, contribute to sustainable development of natural environment as well as to achieving the aims of environmental protection, with the effects of the ensuing radioactive waste externality being reduced to the minimum. In this respect, the analysis points up the necessity to create international repositories and prepare the legal criteria for their selection and operation, to improve the regulation governing the dumping of radioactive waste at sea, to include radioactive waste from military nuclear reactors within the area of the application of certain appropriate legal acts, to implement the principle of sustainable development at the front-end of the nuclear fuel cycle, i.e., to establish the obligation to submit the information about the waste from uranium mining and milling, which have been regarded as the radioactive waste information. The article concludes with the observation that all the problems related to the implementation of the principle of sustainable development in the area of nuclear law, i.e., the problems of radioactive waste management and fuel conservation, could be overcome, and nuclear energy could be completely sustainable, once an international consensus is reached on adopting the closed fuel cycle, which practically leaves no radioactive waste.

In nuclear law the principle of sustainable development is applied either as an ecocentrically-oriented principle, through which it is sought to preserve a sustainable and harmonious environment (e.g., through the requirement that radioactive waste must be handled with particular caution), or as an anthropocentrically-oriented principle, through which it is sought to protect the interests of a human being in implementing the policy of the cautious use of nuclear fuel resources rather than to protect the environment per se. Starting from this point, this article analyses whether the implementation of the ecocentrically-oriented sustainable development principle as well as the application of the environmental legal provisions stemming from this principle to the management of radioactive waste externality is effective in the specific area of nuclear law. The analysis enables to specify the main problems of the relevant legal regulation at the global level, which need to be dealt with in order that nuclear energy could, in an effective way, contribute to sustainable development of natural environment as well as to achieving the aims of environmental protection, with the effects of the ensuing radioactive waste externality being reduced to the minimum. In this respect, the analysis points up the necessity to create international repositories and prepare the legal criteria for their selection and operation, to improve the regulation governing the dumping of radioactive waste at sea, to include radioactive waste from military nuclear reactors within the area of the application of certain appropriate legal acts, to implement the principle of sustainable development at the front-end of the nuclear fuel cycle, i.e., to establish the obligation to submit the information about the waste from uranium mining and milling, which have been regarded as the radioactive waste information. The article concludes with the observation that all the problems related to the implementation of the principle of sustainable development in the area of nuclear law, i.e., the problems of radioactive waste management and fuel conservation, could be overcome, and nuclear energy could be completely sustainable, once an international consensus is reached on adopting the closed fuel cycle, which practically leaves no radioactive waste.

In nuclear law the principle of sustainable development is applied either as an ecocentrically-oriented principle, through which it is sought to preserve a sustainable and harmonious environment (e.g., through the requirement that radioactive waste must be handled with particular caution), or as an anthropocentrically-oriented principle, through which it is sought to protect the interests of a human being in implementing the policy of the cautious use of nuclear fuel resources rather than to protect the environment per se. Starting from this point, this article analyses whether the implementation of the ecocentrically-oriented sustainable development principle as well as the application of the environmental legal provisions stemming from this principle to the management of radioactive waste externality is effective in the specific area of nuclear law. The analysis enables to specify the main problems of the relevant legal regulation at the global level, which need to be dealt with in order that nuclear energy could, in an effective way, contribute to sustainable development of natural environment as well as to achieving the aims of environmental protection, with the effects of the ensuing radioactive waste externality being reduced to the minimum. In this respect, the analysis points up the necessity to create international repositories and prepare the legal criteria for their selection and operation, to improve the regulation governing the dumping of radioactive waste at sea, to include radioactive waste from military nuclear reactors within the area of the application of certain appropriate legal acts, to implement the principle of sustainable development at the front-end of the nuclear fuel cycle, i.e., to establish the obligation to submit the information about the waste from uranium mining and milling, which have been regarded as the radioactive waste information. The article concludes with the observation that all the problems related to the implementation of the principle of sustainable development in the area of nuclear law, i.e., the problems of radioactive waste management and fuel conservation, could be overcome, and nuclear energy could be completely sustainable, once an international consensus is reached on adopting the closed fuel cycle, which practically leaves no radioactive waste.

In nuclear law the principle of sustainable development is applied either as an ecocentrically-oriented principle, through which it is sought to preserve a sustainable and harmonious environment (e.g., through the requirement that radioactive waste must be handled with particular caution), or as an anthropocentrically-oriented principle, through which it is sought to protect the interests of a human being in implementing the policy of the cautious use of nuclear fuel resources rather than to protect the environment per se. Starting from this point, this article analyses whether the implementation of the ecocentrically-oriented sustainable development principle as well as the application of the environmental legal provisions stemming from this principle to the management of radioactive waste externality is effective in the specific area of nuclear law. The analysis enables to specify the main problems of the relevant legal regulation at the global level, which need to be dealt with in order that nuclear energy could, in an effective way, contribute to sustainable development of natural environment as well as to achieving the aims of environmental protection, with the effects of the ensuing radioactive waste externality being reduced to the minimum. In this respect, the analysis points up the necessity to create international repositories and prepare the legal criteria for their selection and operation, to improve the regulation governing the dumping of radioactive waste at sea, to include radioactive waste from military nuclear reactors within the area of the application of certain appropriate legal acts, to implement the principle of sustainable development at the front-end of the nuclear fuel cycle, i.e., to establish the obligation to submit the information about the waste from uranium mining and milling, which have been regarded as the radioactive waste information. The article concludes with the observation that all the problems related to the implementation of the principle of sustainable development in the area of nuclear law, i.e., the problems of radioactive waste management and fuel conservation, could be overcome, and nuclear energy could be completely sustainable, once an international consensus is reached on adopting the closed fuel cycle, which practically leaves no radioactive waste.

Straipsnyje analizuojama svarbi tarptautinės (tarptautinės aplinkosaugos) teisės tema: aplinkosauginės problemos yra vienos iš aktualiausių šiuolaikinėje tarptautinėje teisėje, ypač kai jos susijusios su tarpvalstybinį taršos poveikį turinčių objektų projektavimu ir statyba. Daugiausia mokslininkų ir praktikų nesutarimų dėl tarpvalstybinio poveikio aplinkai vertinimo (PAV) statuso kyla tada, kai nėra tarptautinės sutarties, nustatančios pareigą jį atlikti, o projektas (pvz., atominės jėgainės statybos) kelia pavojų padaryti tarpvalstybinę žalą. JT Tarptautinis Teisingumo Teismas 2010 m. sprendime apibrėžė šią pareigą kaip "bendrą tarptautinės teisės reikalavimą", neišaiškinus, ar jis laikytinas tarptautinės paprotinės teisės norma, ar bendruoju teisės principu. Im Artikel wird eine wichtige Frage des internationalen Umweltrechts erörtert: Aktuelle Umweltschutzprobleme sind eine der wichtigsten im heutigen Völkerrecht besonders im Zusammenhang mit der Projektierung und dem Bau der Objekte, die grenzüberschreitende nachteilige Umwelt-Auswirkungen haben könnten. Wissenschaftler und Praktiker beim Fehlen eines völkerrechtlichen Vertrags, der die Pflicht zur Durchführung der grenzüberschreitenden Umweltverträglichkeitsprüfung festschreibt, können sich nicht über den Status der grenzüberschreitenden Umweltverträglichkeitsprüfung einigen, wenn ein Projekt (z.B. Bau eines Kernkraftwerks) eine Bedrohung für die grenzüberschreitende Beschädigung darstellt. Der Internationale Gerichtshof hat im Jahre 2010 entschieden, dass die Pflicht zur Durchführung einer grenzüberschreitenden Umweltverträglichkeitsprüfung "allgemeine völkerrechtliche Verpflichtung" darstellt, ohne zu präzisieren, ob die Pflicht zur Durchführung der grenzüberschreitenden Umweltverträglichkeitsprüfung sich aus Völkergewohnheitsrecht oder dem allgemeinen Rechtsgrundsatz des Völkerrechts zu entnehmen lässt.

The 1.2 article of the Lithuanian Civil Code establishes the principles of the regulation of legal civil relations. Only the bare names of these principles are being presented in this article, while their content is revealed through the other articles of the Civil Code or through the judicial practice. The importance of the principles keeps growing, since these seem to constitute certain basis which is equally to be relied upon as by legislation, so by judges (that deal with the case) or by the subjects of legal civil relations themselves. It follows that in the present work the principles of civil law are revealed through the judicial practice (i.m. what content and interpretation of the mentioned principles the court establishes in its litigations and judgments). In the first part of the present work, general interpretation of the principles of civil law is presented, and, at the same time, in respect of that, the definition of a principle is clarified. There are analyzed as well the functions of the principles of civil law, these are essential in future while explaining the content of the principles themselves. The correlation between the regulation principles of civil law and enforcement principles of civil law is analyzed in the same part of the work; afterwards the author consequently passes on to some principles of European Union that caused enormous impact on the Lithuanian civil law, as they have been extrapolated within the harmonization of our provisions. Each of the principles of civil law is analyzed in the second part of the present work; the analysis suggested is pursuant to the position of the academics and to the rules formulated by the judiciary. Finally, in the last part of the present work the possibility of limiting of the principles of civil law and the ways of doing that are indicated. It is essential to highlight the fact that nobody can abuse of the attributed principles since in this case they can turn against that kind of person and his rights will be limited with the help of the mentioned principles.

The 1.2 article of the Lithuanian Civil Code establishes the principles of the regulation of legal civil relations. Only the bare names of these principles are being presented in this article, while their content is revealed through the other articles of the Civil Code or through the judicial practice. The importance of the principles keeps growing, since these seem to constitute certain basis which is equally to be relied upon as by legislation, so by judges (that deal with the case) or by the subjects of legal civil relations themselves. It follows that in the present work the principles of civil law are revealed through the judicial practice (i.m. what content and interpretation of the mentioned principles the court establishes in its litigations and judgments). In the first part of the present work, general interpretation of the principles of civil law is presented, and, at the same time, in respect of that, the definition of a principle is clarified. There are analyzed as well the functions of the principles of civil law, these are essential in future while explaining the content of the principles themselves. The correlation between the regulation principles of civil law and enforcement principles of civil law is analyzed in the same part of the work; afterwards the author consequently passes on to some principles of European Union that caused enormous impact on the Lithuanian civil law, as they have been extrapolated within the harmonization of our provisions. Each of the principles of civil law is analyzed in the second part of the present work; the analysis suggested is pursuant to the position of the academics and to the rules formulated by the judiciary. Finally, in the last part of the present work the possibility of limiting of the principles of civil law and the ways of doing that are indicated. It is essential to highlight the fact that nobody can abuse of the attributed principles since in this case they can turn against that kind of person and his rights will be limited with the help of the mentioned principles.

The 1.2 article of the Lithuanian Civil Code establishes the principles of the regulation of legal civil relations. Only the bare names of these principles are being presented in this article, while their content is revealed through the other articles of the Civil Code or through the judicial practice. The importance of the principles keeps growing, since these seem to constitute certain basis which is equally to be relied upon as by legislation, so by judges (that deal with the case) or by the subjects of legal civil relations themselves. It follows that in the present work the principles of civil law are revealed through the judicial practice (i.m. what content and interpretation of the mentioned principles the court establishes in its litigations and judgments). In the first part of the present work, general interpretation of the principles of civil law is presented, and, at the same time, in respect of that, the definition of a principle is clarified. There are analyzed as well the functions of the principles of civil law, these are essential in future while explaining the content of the principles themselves. The correlation between the regulation principles of civil law and enforcement principles of civil law is analyzed in the same part of the work; afterwards the author consequently passes on to some principles of European Union that caused enormous impact on the Lithuanian civil law, as they have been extrapolated within the harmonization of our provisions. Each of the principles of civil law is analyzed in the second part of the present work; the analysis suggested is pursuant to the position of the academics and to the rules formulated by the judiciary. Finally, in the last part of the present work the possibility of limiting of the principles of civil law and the ways of doing that are indicated. It is essential to highlight the fact that nobody can abuse of the attributed principles since in this case they can turn against that kind of person and his rights will be limited with the help of the mentioned principles.

The 1.2 article of the Lithuanian Civil Code establishes the principles of the regulation of legal civil relations. Only the bare names of these principles are being presented in this article, while their content is revealed through the other articles of the Civil Code or through the judicial practice. The importance of the principles keeps growing, since these seem to constitute certain basis which is equally to be relied upon as by legislation, so by judges (that deal with the case) or by the subjects of legal civil relations themselves. It follows that in the present work the principles of civil law are revealed through the judicial practice (i.m. what content and interpretation of the mentioned principles the court establishes in its litigations and judgments). In the first part of the present work, general interpretation of the principles of civil law is presented, and, at the same time, in respect of that, the definition of a principle is clarified. There are analyzed as well the functions of the principles of civil law, these are essential in future while explaining the content of the principles themselves. The correlation between the regulation principles of civil law and enforcement principles of civil law is analyzed in the same part of the work; afterwards the author consequently passes on to some principles of European Union that caused enormous impact on the Lithuanian civil law, as they have been extrapolated within the harmonization of our provisions. Each of the principles of civil law is analyzed in the second part of the present work; the analysis suggested is pursuant to the position of the academics and to the rules formulated by the judiciary. Finally, in the last part of the present work the possibility of limiting of the principles of civil law and the ways of doing that are indicated. It is essential to highlight the fact that nobody can abuse of the attributed principles since in this case they can turn against that kind of person and his rights will be limited with the help of the mentioned principles.