The principles in the environmental law
Los principios del Derecho ambiental
Os princípios da lei ambiental
| 2017 | |
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principles enviromental law soft law inherence environment principios derecho ambiental soft law inherencia ambiente princípios direito ambiental inerência ambiente |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
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https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/1471
https://hdl.handle.net/10895/4151 |
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| Acceso abierto |
| Sumario: | At the field of the legal studies on Environment, the topic of the principles, have had and have a significant role in the organization of the scientific juridical knowledge of the environmental matter, in all their amplitude. They have had it from a very biographical or historic descriptive perspective, in as much as, principles precede in the Environmental Law such to the normative, legislative, mass production based on previous court resolutions and administrative properly. The initial documents of exposition of the Principles of the Environmental Law (that they provide evidence of their identity here on the Declarations of Stockholm of 1972 on Human Environment; The World Charter for Nature of 1982 proclaimed by the United Nations General Assembly and of Rio Declaration on Environment and Development of 1992), at the moment of the same semantic and rhetorical foundation of discipline, they expose principles precisely. And that central role becomes concrete, like powerful epistemological weapon, in the endowment of last explanations on being same of the Environmental Law and of the foundation of the protection than the characterizes, so the innumerable production of juridical and technical rules that, day by day, they expound the environmental regulations, do not lead away main station marked by said principles or those primary sources that the contingent behaviors in safe frames of hermeneutics and application of the Environmental Law replace. In the present article of accomplish an exam of the issue here of the Principles and of the role than the same they do their job in the Environmental Law, once Planetary Government of the Environment was known, assumed from the way that that Global Law particularizes him in the Uruguay and in whose context principles exist, objectively affected for the national experience. |
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