81 research outputs found

    Видання “Споминів” М. Грушевського: історія рукопису та видання

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    China and Europe face serious water challenges. Europe has developed a comprehensive and adaptive legal framework for addressing water-related management issues. China continues to go forward with its water management schemes. While China and Europe may seem unlikely comparative settings, this special issue, a result of the cooperation between China International Water Law Programme (CIWL) of Xiamen University Law School and the Utrecht University Centre of Water, Oceans and Sustainability Law (UCWOSL), explores possible synergies and lessons learned

    Правові основи системи місцевого самоврядування в працях науковців радянського періоду

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    У статті досліджено правові основи ситеми місцевого самоврядування в працях науковців радянського періоду, а також розкрито зміст поняття нормативно правових актів органів місцевого самоврядування. Ключові слова: місцеве самоврядування, поняття нормативно правового акта органів місцевого самоврядування, право.В статье исследованы правовые основы системы органов местного самоуправления в трудах ученых советского периода, а также раскрываеться сущность понятия нормативно правовых актов органов местного самоуправления, право. Ключевые слова: местное самоуправление, определение нормативно правового акта местного самоуправления.The article is devoted legal frameworks of the system of local self government are in labours of research workers of soviet period and analysis of the essence and grounds normative legal act of self government. Key words: local self government, the essence normative legal act of self government, law

    Strengths and Weaknesses of the Dutch Implementation of the Water Framework Directive

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    The Netherlands has a long and fascinating history of water management. The main features of the Dutch water governance system for the implementation of the wfd are its regional water authorities based on hydrological scales and powers to regulate, decide and raise taxes for their water tasks. Their functional approach and the decentralised character make the regional water authorities very efficient and effective. It is therefore understandable that eu institutions and other Member States consider the Dutch system an interesting potential source of inspiration for other jurisdictions. Yet, it is not all gold what shines. This paper highlights the strength and weakness elements of the Dutch water governance system under the wfd. It exposes several points of concern. When considering using the Dutch experience as a source of inspiration in other Member States, these concerns should be taken in due account

    Dealing with flood damages: will prevention, mitigation and ex-post compensation provide for a resilient triangle?

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    There is a wealth of literature on the design of ex-post compensation mechanisms for natural disasters. However, more research needs to be done on the manner in which these mechanisms could steer citizens toward adopting individual level preventive and protection measures in the face of flood risks. This paper provides a comparative legal analysis of the financial compensation mechanisms following floods, be it through insurance, public funds or a combination of both, with an empirical focus on Belgium, the Netherlands, England and France. Similarities and differences between the methods in which these compensation mechanisms for flood damages enhance resilience are analyzed. The comparative analysis especially focuses on the link between the recovery strategy on the one hand and prevention and mitigation strategies on the other. There is great potential within the recovery strategy for promoting preventive action, for example in terms of discouraging citizens from living in high-risk areas, or encouraging the uptake of mitigation measures, such as adaptive building. However, this large potential is yet to be realized, in part due to insufficient consideration and promotion of these connections within existing legal frameworks. Recommendations are made about how the linkages between strategies can be further improved. These recommendations relate to, amongst others, the promotion of resilient reinstatement through recovery mechanisms and the removal of legal barriers preventing the establishment of link-inducing measures

    Editorial for Localising the Sustainable Human Right to Water

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    This Special Issue on Localising the Sustainable Human Right to Water begins with contributions focused on a global and more general perspective. These contributions provide a general introduction to the topic of the sustainable human right to water. It then shifts perspective to provide regional contributions, and finally zooms in to contributions focused on the implementation of this right at the national level

    A method for the deliberate and deliberative selection of policy instrument mixes for climate change adaptation

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    Policy instruments can help put climate adaptation plans into action. Here, we propose a method for the systematic assessment and selection of policy instruments for stimulating adaptation action. The multi-disciplinary set of six assessment criteria is derived from economics, policy, and legal studies. These criteria are specified for the purpose of climate adaptation by taking into account four challenges to the governance of climate adaptation: uncertainty, spatial diversity, controversy, and social complexity. The six criteria and four challenges are integrated into a step-wise method that enables the selection of instruments starting from a generic assessment and ending with a specific assessment of policy instrument mixes for the stimulation of a specific adaptation measure. We then apply the method to three examples of adaptation measures. The method’s merits lie in enabling deliberate choices through a holistic and comprehensive set of adaptation specific criteria, as well as deliberative choices by offering a stepwise method that structures an informed dialog on instrument selection. Although the method was created and applied by scientific experts, policy-makers can also use the method

    1 of 25 Journal of Environmental Law Advance Access published March 11

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    Abstract This article presents a comparative perspective of the implementation of the Water Framework Directive (WFD). The investigated Member States are the Netherlands, Luxembourg, Belgium, France, Germany, the United Kingdom, Denmark, Romania, Italy, Spain and Portugal. The implementation of the WFD in these Member States was researched with the help of legal experts who completed questionnaires or were interviewed and-limited to five Member States-through interviews with civil servants who were involved with the implemention of the WFD. This research demonstrates that the WFD leaves so much room for discretion that the Member States adopt different approaches concerning the implementation of fundamental parts of the Directive. Although the need for flexibility due to the differences in circumstances is recognised, the new governance approach of the WFD demonstrates a risk that unambitious national practices will lea

    Assessing the legitimacy of flood risk governance arrangements in Europe: insights from intra-country evaluations

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    Legitimacy has received comparatively less attention than societal resilience in the context of flooding, thus methods for assessing and monitoring the legitimacy of Flood Risk Governance Arrangements (FRGA) are noticeably lacking. This study attempts to address this gap by assessing the legitimacy of FRGAs in six European countries through cross-disciplinary and comparative research methods. On the basis of this assessment, recommendation
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