Lessons 22 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
22
The legal basis of nature protection
Textbook: pp. 118–121
GoalExplain the sources, aim and principles of environmental law and distinguish a citizen’s environmental rights and duties.
New words
the branch of law regulating relations between society and nature · Ekologiya huquqinatural resources: land, subsoil, water, plants and animals · Tabiiy resurslarenvironmental safety: protection of people and nature from harmful impacts · Ekologik xavfsizlikenvironmental assessment of projects before they are carried out · Ekologik ekspertiza
Explanation
Environmental law is the branch of law regulating relations between society and nature, and its main source is the Constitution. The Constitution recognises everyone’s right to a favourable environment and obliges citizens to treat nature with care; land, subsoil, water, plants and animals are national wealth and are under state protection. After the Constitution come the Law “On Nature Protection”, special laws on protecting water, land, forests, air and wildlife, and the international treaties Uzbekistan has joined. The aim is to keep harmony between humans and nature, to use natural resources rationally and to ensure that present and future generations live in a healthy environment. Principles include legality, openness, sustainable use of resources, prevention of harm and the “polluter pays” rule. The drying of the Aral Sea shows that irrational water withdrawal can cause an environmental disaster, and it proves why legal protection of nature is necessary.
Worked examples
A construction company plans to build a factory by a river. The project must first undergo an environmental assessment and show a waste-water treatment system. This fits the principle of preventing harm.
Residents of a neighbourhood plant trees along an irrigation channel and put rubbish in the designated place. While using the right to a favourable environment they also carry out the duty to treat the environment with care.
Class activity
Environmental map: the class marks environmental problems around the school and neighbourhood (rubbish, dusty roads, saving water) and proposes a lawful solution for each; work outdoors only with the teacher.
Practice
1
What is the main source of environmental law?
The Constitution.
2
State one environmental right and one duty of citizens.
Right: a favourable environment; duty: treating nature with care.
3
Explain the “polluter pays” rule with one invented example.
If a plant dumps harmful waste in a river and fish die, the plant bears the costs of cleaning up and compensating for the damage.
4
Why is the example of the Aral Sea important in environmental law?
It shows that irrational water withdrawal harms a whole region socially, economically and in health, hence rational use and protection are needed.