Interaction of property right with environmental law from human rights perspective
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2024-03-13 17:56
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574:34 (2)
Ecologie generală şi biodiversitate (764)
Drept. Jurisprudență (14876)
SM ISO690:2012
GLADCHI, Mircea. Interaction of property right with environmental law from human rights perspective. In: Ecological and environmental chemistry : - 2022, Ed. 7, 3-4 martie 2022, Chișinău. Chisinau: Centrul Editorial-Poligrafic al USM, 2022, Ediția 7, Vol.1, pp. 193-194. ISBN 978-9975-159-07-4.. 10.19261/eec.2022.v1
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Ecological and environmental chemistry
Ediția 7, Vol.1, 2022
Conferința "Ecological and environmental chemistry 2022"
7, Chișinău, Moldova, 3-4 martie 2022

Interaction of property right with environmental law from human rights perspective

CZU: 574:34

Pag. 193-194

Gladchi Mircea
 
Academy “Stefan cel Mare” of MIA of the Republic of Moldova
 
Disponibil în IBN: 18 martie 2022


Rezumat

The research is based on the concept of the right of property and the fundamental right of a person for a healthy environment that are present in various national and international acts including the European Convention on Human rights. When talking about the ECHR and its regulation, we should state the fact that a certain provision on the environmental protection we do not have established expressly, but we can deduce it from article 8 mainly, that has in the second paragraph that assures a person‘s right for a healthy environment. When speaking about the property right, it has its regulation in the first additional protocol added to the Convention. The way the Convention treats property right, and the way it is established in the protocol is not very orthodox for the continental European law. It tries to broaden the concept of property in most ways possible and I think, makes it really successful. Further the research will try to analyse the concept of both fundamental rights establishment in the Convention and try and give some answers to the situations when those types fundamental rights are colluding with each other, for example when one‘s right of property is colluding with one‘s right of a healthy environment. This issue keeps getting more attention recently as the aspect of environmental protection becomes more important for a healthy development of humans and its descendants, so there appear more restrictions imposed on several of categories of activities and form of services. That‘s why there appears a logical question whether those restrictions can be applied or not, are they interfering with another fundamental right, specifically talking about the right of property or not. The other aspect is when the right of property is used to protect the environment and the preserving a healthy environment. The research will analyse the practices of various EU countries and of course the European Court of Human Rights decisions on this matter (ex. Case of López Ostra v. Spain 09 December 1994 and Case of Guerra and Others v. Italy (116/1996/735/932)