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about the legal maintenance of concepts "protection", "protection", "preservation" and «steady use»

With reference to environment "protection" and "preservation", as a rule, are used together. And in most cases "preservation" define through "protection", therefore it is necessary to understand value of these terms [58].

The concept of "environment protection» which means the activity directed on working out, maintenance and when it is possible, completion of sensitive resources and riches of an environment, has appeared in XIX century when industrialisation processes grew that led to growth of consumption of natural resources and, hence, to new threats. At this particular time became protection of natural resources obvious necessity. In XX century owing to even more intensive expansion which frequently were taking the form of an overexploitation, there were other threats that has led to development prirodozashchitnoj to activity [59 [60].

Complexities of definition of the term "preservation" are caused by that existence, for example, in English language of two terms - «preservation»

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And «conservation», translated into Russian as "preservation" whereas in English language their maintenance differs. Preservation «means wise, zealous use» [61].

Definition of terms «preservation» and «conservation» will help to understand the maintenance of concept "preservation". Preservation - «conservation» calls for responsible use of resources, and preservation - «preservation» means nature protection that it was around. We will address to the definitions of considered terms containing in the dictionary of modern English language Longmana:

• «conservation» - «protection of the natural phenomena (animals, plants, woods etc.) for prevention of their damage or destruction» [62];

• «preservation» - conditions, «when something remains in the initial or good condition» [63].

Both kinds of preservation have similarities in means and methods and are directed on preservation of resources for the future. Preservation - «soshegta ^'оп» is directed on damage elimination. Use of natural resources on the basis of the steady approach allows not to deprive the future generations of this right. Thus, this kind of preservation allows to use resources on the limited basis. And preservation - «preservation», not supposing use of natural resources, prevents causing of a damage by it, thereby allowing to support a current condition.

M.N.Kopylov notices, that transfer of terms «conservation» and «preservation» as "preservation" «is lawful only concerning the first of the named terms», and defines preservation - «soshegua і ї op», widely applicable in tools of system of the Bonn convention of 1979 as «economical steady use of a biological variety so that the last did not lose ability to restoration, not subjecting risk possibility of same use at the future generations», and preservation-kfgezegua і ї op »as protection, protection, i.e.« maintenance in an untouched condition of natural resources »[64].

Let's address to differentiation of considered concepts of A.Kissom and D.Shelton: "Terms" protection "and" preservation »-« preservation »together

Are used in item 192 of the Convention of the United Nations on a marine law of 1982, meaning, that they have different value.

Protection can be considered as abstention from the activity aggrieving, and acceptance

Favorable measures for that maintenance that there was no environment deterioration.

More and more the concept "protection" includes complex ecological planning and management with subject regulation, procedures and establishments at national level. Preservation - «preservation» can be considered as including the long-term prospects considering the rights and interests of the future generations for which natural resources should remain.

Preservation - «conservation» falls under concept "protection", is usually used in the field of live resources and based on status quo, basically demanding maintenance of the conditions necessary for proceeding existence of resources at present level.

When it is a question of maintained kinds of flora and fauna, preservation - «conservation» means an establishment of "an optimum trade stock», a resource expressing operation without excess of limits that guarantees its restoration and, thus, its stability.

In last works preservation - «conservation» has been added or replaced by the reference to the "sustainable development" providing current productivity of serviceable natural resources and keeping all kinds of fauna and flora. The term is connected with this concept «the favorable status of safety», based on idea of operation or productivity but so that live resources were supported

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On optimum levels ».

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Modelling rybohozjajstvennyj the code for the state-participants CIS from May, 16th, 2011 defines «preservation of water bioresources» as «maintenance of water bioresources or their restoration to levels at which can be provided the maximum steady extraction (vylov) water bioresources and their biological variety, by means of [65 [66] realisations on the basis of the scientific given measures on studying, protection, reproduction, rational use of water bioresources and protection of environment of their dwelling» (item 1).

M.N.Kopylov notices, that in international law protection and biodiversity preservation «are carried out within the limits of two traditional subject domains of regulation: relations concerning preservation of the environment and relations concerning the rational

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Wildlife management ».

However, neither in the Convention on a biodiversity of 1992, nor in the Convention of 1979 "preservation" definition does not contain.

The convention of 1992 operates with steady use of components of a biodiversity and its preservation separately, more often including steady use in structure of the last that speaks aspiration of the developing states to give a priority to use of components of a biodiversity, and already then to speak about their preservation. In the Convention of concept "preservation" and «steady use» underline necessity of aspiration to fair balance between these two different purposes [67 [68] [69] [70]. Thus «steady use» is understood «as use of components of a biological variety thus and such rates which do not lead in long-term prospect to an exhaustion of a biological variety, thereby keeping its ability to satisfy requirement present and the future generations and to answer their expectations» (Convention item 2). The Same definition meets in A.A.Shajdullinoj's work.

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The Berlin rules on water resources of 2004 of Association of international law have replaced the Helsinki rules on using waters

International streams of 1966 In the Berlin rules «steady use» is understood «as the integrated resource management for maintenance of an effective utilisation and fair access to waters for the blessing of the present and the future generations, at preservation of renewed resources and maintenance of not renewed resources in as much as possible reasonable possible degree» (item 3 item 18).

In the Ecological doctrine of the Russian Federation [71 [72] to the primary goals of maintenance of steady wildlife management (items 3) are carried «neistoshchitelnoe use renewed and rational use nevozobljaemyh natural resources».

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A source: Tsipris Maria Semenovna. MODERN INTERNATIONAL MODES of PROTECTION And PRESERVATION of MIGRATING KINDS of WILD ANIMALS. The dissertation on competition of a scientific degree of the master of laws. Moscow. 2016

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