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Zaštita životne sredine u uporednom krivičnom pravu
Environmental Protection in Comparative Criminal Law

Author(s): Dragan Jovašević
Subject(s): Criminal Law, International Law, Social development, Human Ecology, Economic development, Environmental interactions, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: economic development; industrialization; ecology; criminal-law protection; international legal regulations; comparations;

Summary/Abstract: Over last decades the economic and business development as well as the accelerated industrialization and technical and technological progress coupled with the application of the new technologies and integration of all countries in European and global business, economic and traffic flows, based primarily on technological and scientific achievements gave rise to a particular level and degree of contamination of the main natural resources of the living world. Moreover, the need was identified that aforementioned changes and processes should have been regulated through legal provisions as a part of the overall social system. This system of legal norms is supposed to determine the prerequisites, avenues, mechanisms and criteria for the utilization of new technologies, which are deemed necessary for economic and social development of each particular country, as well as for the progress of all mankind, as such. The anticipated legal system should further lead to reduction or limitation of modes of contamination or forms of endangering the environment fully or just partially, or in other words it should provide “sustainable development”. Due to the great importance of regulating, improving and protecting the environment, either concerning all its aspects or just some of them (water, air, soil, flora and fauna), the international community through a number of international (under the auspices of UN) or regional (Council of Europe and European Union) legal acts established the legal standards in the given field, that had to be implemented by certain countries, including the Republic of Serbia, into respective national legislations as an attribute of the rule of law states. It is the foundation for determination of the Republic of Serbia as the state that strongly protects the principle of sustainable development. This paper actually deals with methods and forms of the incriminations, which either endanger or violate the environment fully or just some of its aspects in comparative criminal law.

  • Issue Year: 2010
  • Issue No: 3
  • Page Range: 257-286
  • Page Count: 30
  • Language: Serbian