Protection and Conservation of the Aquatic Environment

Author:Cornel Grigorut - Calin Marinescu
Position:Professor, PhD, 'Ovidius' University of Constanta, Romania - PhD in progress, National Institute of Economic Research 'Costin Kiritescu', Romania
Pages:257-260
SUMMARY

Concerns about environmental protection and their legal expression led to the formation and affirmation of a set of common principles of national, regional and international law. Although they know various formulations and specifications in these three legal systems, their fundamental meaning remains the same, in different situations. They arise and contribute, at the same time, from / to the... (see full summary)

 
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Legal Sciences
257
Protection and Conservation of the Aquatic Environment
Cornel Grigorut
1
, Calin Marinescu
2
Abstract: Concerns about environmental protection and their legal expression led to the formation and
affirmation of a set of common principles of national, regional and international law. Although t hey know
various formulations and specifications in these three legal systems, their fundamental meaning remains the
same, in dif ferent situations. They arise and contribute, at the same ti me, from / to the ass ertion of the
environment in general, as common heritage of humanity.
Keywords: Environment; water; sea; protection
1. Introduction
Environmental concerns and their legal expression led to the formation and affirmation of a set of
common principles of national, regional and international law. Although they know various
formulations and specifications in these three legal systems, their fundamental meaning remains the
same, in different situations. They arise and contribute, at the same time, from / to the assertion of the
environment in general, as common heritage of humanity.
Taking into account all national legislations aimed at its protection, the adoption of regional or
international binding rules converge to establish the special protection, conservation and improvement
of the environment, as a world heritage, of all humanity, both in terms of present and future
generations. Therefore, the following principles of environmental law are widely recognized: the
public interest of environmental protection, conservation, prevention; precaution in the decision
making process; the polluter pays principle. However, besides the specific national, communitarian or
international expressions of these principles, some rules with territorial application and limited
specific implications may be taken into consideration. Although with different contents and concepts,
this shows the primordial concept that the environmental protection is a primary and universal
objective, for individuals and peoples.
2. Fundamental Principles
In line with the specific objectives and functions which it performs, the environmental law i s
dominated by a series of general principles which are reflected, in one form or another, in the content
and meaning of its rules.
They are recognized as such by law (such as the precautionary principle, the prevention principle, the
principle of conservation of biodiversity or the polluter pays principle), or result from provisions
scattered in various laws (environmental protection, the public interest objective).
1
Professor, PhD, “Ovidius” University of Constanta, Romania, Address: 1 Universitatii Alley, Constanta, Romania, Tel.:
+40241694330, Fax: +40241511512, Corresponding author: cornel.grigorut@gmail.com
2
PhD in progress, National Institute of Economic Research “Costin Kir iescu”, Romania, House of Romanian Academy,
Calea 13 Septembrie, Bucharest, Romania, Tel.: +40318.81.06, E-mail: marinescu@nordmarine.com

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