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El Derecho Ecologico Y Su Fundamento Legal

El Derecho Ecologico Y Su Fundamento Legal

Ecological law is a new and obligatory conception of law that emerges from the normative interrelationship of ecology with the cultural activity of man; It is nourished by the multifaceted scientific and disciplinary relationship that at the same time completes, renews and connects the different branches of law that have to do with nature and©natural resources. This is also how it can be called multidisciplinary. Any person who has caused damage ± or to another person intentionally, by negligence or negligence or negligence is obliged to repair it. It must also be compensated by any person ± has caused damage or by another person who, in the exercise of his right, exceeds the limits set by good faith or by the object for which the right was granted to him. In this sense, both specific administrative law and the provisions deriving from it©and environmental law lay down the basic measures for determining the guarantee in the exercise of the right and the framework within which that exercise is delimited; that is, the framework of collective life for the order of coexistence, which guarantees in which areas private initiatives can be developed and what are the possible behaviors of individuals in the context of the maintenance of peace and public order; or the definition of rights, as in the case of the usufruct of natural resources or the restriction of possibilities of action, as if it established a prohibition, royalty, tax or consideration, or if it made a concession to place certain goods in the hands of individuals or to provide certain services. We therefore appreciate that this right is a normative phrase that encompasses everything inherent in the usufruct of natural resources, which includes all human actions on natural resources and with them on nature itself. Environmental law (also called eco-law or natural law) belongs to the branch of social law and is a system of legal norms that govern people`s relations with nature, with the aim of preserving and protecting the environment in its eagerness to leave it free of pollution or to improve it when it is affected. Its objectives are the fight against pollution, the conservation of biodiversity and the protection of natural resources so that there is a healthy human environment. It is a very new branch of the law, but of great development and future, which appeared in the middle of the twentieth century due to the consciousness of society as a result of certain ecological disasters such as the pollution of Minamata Bay, the great smog of London, the flight from Seveso or Bophal and the Chernobyl accident, inter alia.

Its origin, as a specialization in law, has its origin in the United Nations Conference on the Human Environment, held in Stockholm in 1972. 9. Each of these rights consists of two sets of rules, including: laws, regulations, ordinances, decisions and other legal instruments. In the content of these norms, it must be understood as nature, everything that flows spontaneously and whose existence depends on its own laws. In the name of law, it encompasses all that is offered naturally: air, soil, water, flora, fauna and minerals, but understood, not as inanimate objects, but in motion and closely interconnected to form a whole that represents a global ecosystem for ecology, the scientific branch of biology, that is, in the sense of the current globality, no people on earth escapes the vision of nature of the United Nations (UN), which it calls the human environment and in which, in addition to the aforementioned resources, it includes renewable vital resources (RVR): productive capacity of the earth and non-renewable resources,© all in interrelationship with society, its protection and conservation, aimed at ensuring the well-being of man and, in©general, the conservation of species on the planet. Many theorists of the subject believe that theological law penetrates into all branches of law, which we consider a reality, and as we have indicated; and in those circumstances, the object protected by that law, which, as I have indicated, is nature, has to do with the legal-administrative regime of the State, with that of state-individual relations and that©of individuals between Member States. Article 19 of the Chilean Constitution, No. 8, states: “The Constitution guarantees to every person: (…) The right to live in a pollution-free environment. It is the duty of the State to ensure that this right is not affected and to protect nature conservation. The same regulation establishes the power of the State to restrict the exercise of certain rights relating to that protection. Likewise, this right is one of the rights protected by the action or “resource” of protection in its art. 20.

“The security of the nation is based on the correspondence between the State and civil society in order to respect the principles of independence, democracy, equality, peace, freedom, justice, solidarity, promotion and preservation of the environment and the affirmation of human rights, as well as the progressive satisfaction of the individual and collective needs of Venezuelans. based on sustainable and productive development with comprehensive coverage for the national community. The principle of co-responsibility is exercised in the economic, social, political, cultural, geographical, environmental and military fields. Nothing is more important in the education of the State than the teaching ± of the legal norm that protects and guides the practice of the duty to be, therefore, if it is appropriate for us to refer to the image or context in which the ecological or ecological legal norm is developed, we must recognize that Venezuelan legislation is broad in the consideration of nature as the object of ecological law. With regard to the legal norm, environmental or environmental law in Venezuela tends to maintain the ecological balance as a necessary factor to improve and maintain the quality of life and the existence of man, the basis of development. In civil proceedings, one of the biggest problems related to asbestos is the latency of the diseases it causes. In many countries, there is a limitation period which prevents the bringing of actions long after the facts giving rise to the plea have expired. In Malaysia, for example, the time limit for filing a liability action is six years from the date on which the wrongful act took place. As a result of several asbestos-related disputes in countries such as Australia, laws regarding the statute of limitations have been amended so that it begins to count from the time the disease is discovered and no longer from the time the cause of the lawsuit occurred. The first workers` claims for injuries resulting from exposure to asbestos in the workplace were filed in 1927, and the first lawsuit against an asbestos manufacturer was filed in 1929. Since then, numerous lawsuits have been filed.

As a result of the litigation, the manufacturers sold their subsidiaries, diversified, manufactured asbestos substitutes and began closing asbestos businesses. From a different point of view, given the structure we have given to this new law, we must refer to the content of science, which gives the formality of law the natural basis. Thus, when we refer to its content, we are referring to all the specific normative sets that relate in one way or another: to nature, natural resources, the environment and the social action of man within the ecosystem. Our legislation is broad in the consideration of nature as the object of ecological law, as we have done, since the new Constitution of the Republic is generally oriented towards the so-called environmental rights, which become the rights that every citizen has over the habitat of the environment or nature, which must be guaranteed by the State. In this sense, the presentation of reasons expresses: Animal law or animal legislation is the set of positive rights and jurisprudence whose legal object is the nature – legal, social or biological – of animals. This legal doctrine should not be confused with animal rights, which are a philosophy and movement about the natural rights of animals.

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