EU and Ukraine Cooperation for Sustainable Environment: Historical and Legal Aspects

By Kazak, Rinata | European Journal of Sustainable Development, October 1, 2014 | Go to article overview

EU and Ukraine Cooperation for Sustainable Environment: Historical and Legal Aspects


Kazak, Rinata, European Journal of Sustainable Development


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1. Introduction.

Conception of sustainable development as socio-economic construct was rapidly transformed by the process of greening of public consciousness and scientific knowledge, caused by destructive consequences of industrial restoration after the World War II. The second half of the XX century required the legal securing of the environmental protection guidelines.

The «sustainable development» was defined by the Brundtland Commission (1987) as: "development that meets the needs of the present without compromising the ability of future generations to meet their own needs". A great role in this concept extending and approval in European law have played the international conventions and documents adopted at the national and local levels. Environmental sustainability depends on such elements, as biotic and abiotic factors with natural and anthropogenic origin. Consequently, in the author's opinion, one of the key factors of the maintaining the stability is the effective implementation of biological diversity conservation policy at the national, global and supranational levels.

The author believes that biodiversity is an essential element of environmental stability and a basic factor of the optimal functioning of ecosystems (Kazak, 2014). Author agrees with the statement that «the biological diversity is the sine qua non for the resilience of ecosystems and life forms and their ability to prevent and to recover from disasters and adverse conditions». (Chazournez, n/d) In accordance with many researchers, biodiversity can be regarded as a key determinant of sound ecosystem and its optimal functioning (Rapport, Constanza & McMichael, 1998). Nowadays, the society is facing the challenge of biodiversity loss in Europe and in the world as a whole. The statistics estimated rates of species loss are 100-10 000 times higher than background rates (i.e. those typical in the fossil record) (Santamaría & Mendez, 2012). That's why the formulation of the biodiversity conservation principles and methods and their legal providing is the priority matter. Currently, the loss of biological diversity as an urgent threat to the mankind survival and the problem of its conservation appears in the scope of the international commitments and treaties in the preliminary stage of environmental sustainability policy, and according to G.S. Rosenberg (2005) - have "the political overtones" (p. 91). The European Union has taken much for the providing the ecological sustainability of the European territory. This is the challenge and positive example for Ukraine as one of the largest countries in Europe with more, than 40 million population, which effect the entire environmental situation in Europe. That's why the article deals with the legal aspect of this issue in Ukraine and analyzes the legal methods for its solution in the second half of the twentieth century (as the period of its rapid evolution).

2. Objectives of the study. Methodology.

The objectives of the study are:

- to analyze the international cooperation in the field of environmental legal support (in the second half of the XXth century);

- to determine the features of international cooperation (in historical aspect);

to define the problem issues of the legal ensuring of the environmental sustainability in Ukraine;

- to discuss possible ways-out of the environmental crisis by using the law- historical experience nowadays.

It would be appropriate to mention such methods of the study as historical- comparative and legal analysis to identify the main features and patterns of the chosen period.

3. Main body of the article.

3.1. Legal framework review.

While analyzing the legal base of the second half of the XX century it would be appropriate to mention one of the basic legal acts of the pre-research period (1949). One of the first documents with environmental purpose and a tendency towards sustainable development, was the Council of Ministers Resolution "On the nature protection on the territory of the Ukrainian SSR" on July 3, 1949. …

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